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Feedback on Contract
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lithium



Joined: 04 Jul 2010
Posts: 4

PostPosted: Wed Jul 28, 2010 4:27 pm    Post subject: Feedback on Contract Reply with quote

I'd like some feedback on a contract I've been asked to review. The working hours seem a bit long considering the salary. What do you guys think? Is it normal to work 6 days a week during the 'peak season'?

Quote

3.1 The Employee will be required to work five days a week from Monday to Sunday during the non-peak season and to work six days a week from Monday to Sunday during the peak season. June through August and January through February will be regarded as the peak season.

3.2 The Employee�s working hours may be scheduled between 07:30 to 21:30 from Monday to Sunday.

3.3 The Employee will be required to work up to 40 hours per week �working hours� in both the peak and non-peak seasons. If the employer requires the employee to work more than 40 real hours in one week regardless of the monthly average teaching hour, the employer should obtain the agreement from the employee and pay the employee overtime at the agreed rate.

3.5 During the non-peak season, within the working hours, up to 87 hours per month (20 hours per week) shall be contract teaching hours. Any contact teaching hour above 87 hours per month shall be subject to the mutual agreement of the Employee and the Employer and subject to overtime compensation as set forth in Clause xx

3.6 During the peak season, within the working hours, up to 113 hours per month (26 hours per week) shall be contract teaching hours.

4.1 Salary will be paid according to the following scale: Probation Period (1st � 3rd month) - Start date through 90th day employment - monthly salary of 5,000RMB(net); Secondary Period (4th � 6th month) - 91st day through 180th day of employment: Monthly salary of 5,500RMB(net); Final Period (7th � 12th month) - 181st to 365th day of employment - monthly salary of 6,000RMB(net).

Unquote

The school is in Shandong province and accommodation is provided.

Thanks.
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dharma86



Joined: 05 May 2009
Posts: 187
Location: Southside baby!

PostPosted: Wed Jul 28, 2010 4:52 pm    Post subject: Reply with quote

It's a training centre or something? So the long hours make sense. If that's what you want.

They must get your consent for you working overtime but of course it's going to turn out in a way that you feel inclined to work the hours.

Probation period is fair enough but 'secondary period' is BS in my opinion you should be going from a probation salary to your arranged salary straight away.

Just my thoughts Rolling Eyes
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xiaolongbaolaoxi



Joined: 27 Aug 2009
Posts: 126

PostPosted: Wed Jul 28, 2010 4:55 pm    Post subject: contradictions (?) Reply with quote

clauses 3.3, 3.5, and 3.6 appear to contradict themselves, but I really didn't try to puzzle it out.

I would get very nervous about 40 hours a week from morning to late night (at least for me). If you wanted that, you could have stayed in your home country.

At least in your quotes, the overtime rate is not mentioned.

I am not getting a good feel about this job, but maybe the reality of the school is different from what little I read. (And you--or at least I-- really want two days off in a row, in terms of burnout.)


XLB
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Jul 28, 2010 5:29 pm    Post subject: Reply with quote

Quote:
I'd like some feedback on a contract I've been asked to review.


Okay: YUCK! Much too much confusing "detail".
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Wed Jul 28, 2010 5:34 pm    Post subject: Reply with quote

Garbage

That's just my opinion. Looks like a soul deathtrap.

RED
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Jul 28, 2010 5:51 pm    Post subject: Reply with quote

I just noticed something. The "peak season" is in the summer and during Spring Festival. Sounds like some place that's never put a contract together for a foreign teacher. They may not be legit. Another "yuck" for this.
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AGoodStory



Joined: 26 Feb 2010
Posts: 738

PostPosted: Wed Jul 28, 2010 6:28 pm    Post subject: Reply with quote

How close is the accommodation? Will you have much of a commute? 7:30a.m. to 9:30p.m is a very long day, even without adding travel time at both ends. Obviously you'll get some time off during those hours, but you may not get it in large enough chunks to use how you might want. You'll leave the school, but have to come back--more time spent commuting. (I know split shifts are common, but this sounds awful.) 6 days a week? 40 hours a week for 5,000rmb? This is an exhausting schedule. You can surely do better. You may not make more money, but you can certainly make it in fewer hours! Wink
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lithium



Joined: 04 Jul 2010
Posts: 4

PostPosted: Wed Jul 28, 2010 6:42 pm    Post subject: Reply with quote

Excuse my ignorance, what's the difference between a private school and a training centre? I don't know which category this place falls into.

The overtime rate is 70RMB/hr and the contract states that mutual agreement is required for me to work overtime.

I've been assured that the two days off that I'll get during the off-peak season will be consecutive.

The accommodation provided will be no more than 30 minutes away by public transport.

How can I check whether the school is legit? Is there some 'register' I can refer to?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Jul 28, 2010 6:57 pm    Post subject: Reply with quote

What does the contract say about the visa and the resident permit and the FEC?
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Wed Jul 28, 2010 7:17 pm    Post subject: Reply with quote

The school should be paying at least double that 5000 to 6000 RMB
for all the hours that you are expected to work.

160 hours a month for only 5,000 RMB ? That is less than US$5 an hour !
(31RMB per hour)

7:30 am to 9:30pm ? You are selling your soul. No time to "experience the culture".

I would not take this job since you can easily work at a university for 6000 a month and only 12 to 16 classes a week.
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Gilka



Joined: 22 Jun 2010
Posts: 54

PostPosted: Wed Jul 28, 2010 7:42 pm    Post subject: Reply with quote

This could very well be the worst Chinese job offer I've ever seen, and I've gotten some real stinkers.
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xiaolongbaolaoxi



Joined: 27 Aug 2009
Posts: 126

PostPosted: Wed Jul 28, 2010 9:43 pm    Post subject: only getting worse Reply with quote

OP,

This just keeps getting worse and worse. I thought it was just my interpretation, but everyone keeps jumping on this bandwagon. I do have to disagree, I think this was written in full knowledge of when peak seasons were and frankly they don't care about teacher travel: that's when the students/customers have the most time available and the money to spend to be in your beatific presence. I do agree with the poster who said you would be "inclined" to agree to overtime. If you are offered overtime and say no, either it was never really a possibility or you are about to get annihilated.

As to private school versus training center, they are the same in your case. It is possible to have a private/for-profit university/college program in China, but it will rarely be advertised as such.

Move on.

XLB

PS: 30 minutes away by public transport... have you been on a Chinese bus? I gladly walked the 60+minutes to my classes, enjoyed myself much more, saw/heard more,and lost serious pounds. I found them later, but different story.
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lithium



Joined: 04 Jul 2010
Posts: 4

PostPosted: Wed Jul 28, 2010 10:17 pm    Post subject: Reply with quote

johnpartee, the contract states that the employer will provide all legal documents required and will reimburse the cost of a single entry visa.

After all you guys have told me I've decided not to accept the offer. I'll bother you again if I get offered something better Smile
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SandyG20



Joined: 12 Sep 2007
Posts: 208

PostPosted: Thu Jul 29, 2010 3:07 am    Post subject: Reply with quote

Wow - I was wondering if they might give you split shifts - say early morning and then late at night and how far away your housing was - which could make it difficult to go home and rest in between. Now a Uni might do that too I suppose - but if you only teach 14 hours a week then it won't wear you down as much.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Thu Jul 29, 2010 5:48 am    Post subject: Reply with quote

OP - You're only being given one side of the discussion. I'm not completely on the other side myself, and I've got nothing to say that hasn't been said a hundred times on this forum, but here goes.

It's a standard training school contract of the EF kind. It either is EF or they've lifted it word for word. My contract for the first year in China was pretty much identical and I didn't work the maximum hours. For instance in the winter peak period we had 2 weeks of the winter course (either side of Chinese New Year) rather than 2 months of peak working. My normal hours were very reasonable. Some of what folk call 'language mills' are ok, though probably not many.

Some mills will pay more, Web for instance. Uni jobs are a little less money and a lot less hours. Perhaps you should try for one of those jobs, and perhaps language mills aren't the way for you to go.

However, I repeat, this is a typical EF contract, (or at least part of it). The posters who are frothing at the mouth and suggesting that someone has tried to sell you into (presumably since you were offered a job) white slavery are not necessarily right about everything.

That said, 30 minutes away would be too far, and they are absolutely correct in indicating that many teachers make far more per hour.

Also,, correct me if I'm wrong. This isn't an EF school, because you're not sure whether they're legit, so that means that they have nicked the EF contract, which is not only a bit cheeky, but suggests that they can't write their own. However, though the contract is important, you shouldn't be basing your decision on it or the postings on this forum.
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