Job Discussion Forums

[cb400]

As of right now I am searching for a position in China. One trend I am noticing is the 'probationary period' or 1-3 months stated in almost all the contacts. Basically, it gives the school the right to fire you for almost no reason in that time. I understand this clause as most of the interviews are over the phone and the school really doesn't know what it is getting until you start teaching.

What my question is, Is the probationary period only one way? I mean if the school can fire me for almost no reason, and I am sure people get dismissed for personal reasons other than teaching performance...can I also quit in the first month with no penalty if the school does not hold up their end of the contract?

When I asked this question to a few schools I am negotiating with they seemed quite shocked and one person even got quite angry and told me 'he knew I would be trouble' Yes, I do like to know my facts before accepting a position.

What is your options on these probationary periods? A chance for the school to feel you out for a month (more than fair) yet the teachers do not seem to have same right. Or is it something in most contracts that is not really worth worrying about.

Thank you.

[vikeologist]

Probationary periods are fairly much standard in the world of work everywhere in the world, and bad employers can abuse them, so you need to ensure that you ask the questions to assure yourself that the employer is good.

As much as there are horror stories about schools on these forums, the horror stories about teachers that schools have are many times worse. Some people who come to teach English in this country are profoundly unstable and unemployable, and I'm sure that this is principally what most employers are guarding themselves against.

Should a school not live up to the contract, then they have breached it and you theoretically have the right to leave, but that will often be quite difficult to do in practice, regardless of whether you have a probationary period for them in your contract. All contracts essentially boil down to understandings between people, and should things go bad you should try to negotiate your way out, as schools in China can make things difficult for you if so inclined.

In a nutshell, the questions that you ask before accepting a job, and to a large extent your instincts, will be a hundred times more helpful than a probationary period. The quality not the quantity of your questions is crucial. Don't be concerned by probationary periods.

[west2east]

Our school has a three month probation policy. But it is a two-way street. Either party can terminate the contract, giving one week's notice with our without giving a reason.

Note that it is still entirely at the school's discretion as to granting a release letter or not.

I have terminated three teachers contracts within three months in the past. This was down to the fact that two of the teachers had lied about their particulars and the other was infringing certain aspects of his employment contract. However these offenses may have resulted in termination after the three month period anyway.

Competence is unlikely to be the reason at our school because we try to take care in the quality of teacher as far as possible and any deficiencies can almost always be worked with through observations, training and agreeing objectives.

[kda213]

regardless of whether or not you sign a contract, or if you're in the probation period, if you let the school know you're leaving they'll likely make you pay them back for visas, health checks, etc and will make it difficult for you to go

[Teatime of Soul]

If a school will not agree to a two way probation period, walk away.

[The Great Wall of Whiner]

[nickpellatt]

[igorG]

To my knowledge and from what I hear around, I do really not think the probation in local contracts is a "two-way streeet". The fact is that local employers protect themsleves mostly and take little or no responsibility to their employees. Most of local employment contracts are just like our OP has described here. However, there is a contract for foreign experts, the SAFEA, which states that both parties need to negotiate, and if no agreement has been reached in between, the Foreign Affairs Office, that issues the FEC booklets, will mediate. The schools/centers that are under this organization should have their FTs sign this standard contract. Having said that, the SAFEA agreement does sometimes contradict the employers contracts too, and does not sometimes help FTS at all. From what some FTs are saying, the organization is laughable in many locations of the country.

[HiddenTreasure]

[Teatime of Soul]

[igorG]

That above is somewhat true, but it sometimes is quite difficult to nagotiate so many contradictory clauses in between those two contracts. In such a lengthy negotiation, one may easily lose his/her "opportunity", because the internet offers so many more choices for employers who then won't mind to hire less experienced or qualified ones for the original contradictory agreements.

Clearly, the SAFEA has deliberately written the ambiguous standard contract to serve the local employers and to trick the foreign teachers into believing they are taken care of, but that's for another topic, isn't it?

So,

[Ki]

Thank yourself lucky you did NOT get the job for the school which said you would be difficult. More like they would be a difficult employer. If you are confident of your abilities then get a 90 day tourist visa (if allowed) and just don't hand over your passport to them for a week or two until you are certain they are good for you. It will take a week just to get your health check sorted out anyway. You may end up working for free but you could always search on the ground for a better position once you are here. Once you find that ideal position though keep it. Don't *beep* around.

I interviewed for a part time job the other day. It was great. They loved me. I loved them. Then I saw the contract. If I am sick twice in a month (even with a valid excuse) they can deduct my entire month's pay. They can fire me at any time with any excuse but I am not allowed to leave for any reason or any excuse (unless they don't pay me).

Some contracts are merely bad. Others are to be avoided at all costs.

[nickpellatt]

[kda213]

[7969]