Job Discussion Forums

hoyao · Joined: 03 Sep 2010 Posts: 13

I know in some other places, the English contract takes a backseat to the contract written in the official language, and I'm wondering if the same hold true in China. I've seen sample contracts on the forums that state that both the English and Chinese texts are "equally authentic." It also states on my English contract that in case of a conflict, the "ESL teacher's Contract prevails." Would this be valid if I signed it, or is there a Chinese law out there that supersedes it and only recognizes contracts written in Chinese? The English version is far, far better. I can't overstate this, and I want to make sure that is the one that is honored.

If I only sign the English version, and leave the Chinese version unsigned, how will the Chinese version carry any weight? From what I've been told about the Chinese contract's wording, it's so different that it's really like a different contract and not just a translation.

Also, they're offering me an F-visa instead of a Z-visa. My question is, if they can get me a Resident's Permit once I arrive, would that be just as good as having a Z-visa? I could leave and re-enter the country with that, and wouldn't I be legally able to work there as well? They only hinted at it, and getting an RP isn't guaranteed though. Has teaching with an F-visa gotten any less risky lately?

RonHex · Joined: 10 Nov 2009 Posts: 243

if your working on an F visa then neither the English nor the Chinese contract is legal/valid... maybe they will honor it.. maybe they wont.. its a risk.. you gotta decide if its worth it.. just know.. if they do break the contract u will have 0 legal recourse

sharpe88 · Joined: 21 Oct 2008 Posts: 226

AFAIK, English language documents have NO validity in Chinese law, period.

hoyao · Joined: 03 Sep 2010 Posts: 13

roadwalker · Joined: 24 Aug 2005 Posts: 1750 Location: Ch

A z-visa is just to get you into the country, but it also means that you have been pre-qualified to work for the employer that sponsored you for the z-visa. Once in the country then a Residence Permit is required and that is your travel document. To get the RP as a teacher, the school will have to get a Foreign Expert Certificate for you. Perhaps they really will be able to get it for you, above-board or otherwise. But I agree with RonHex, you are running a risk.

And the school's risk has nothing to do with your risk, as far as the law goes. So they may or may not get fined for hiring you illegally and you may or may not be fined for working illegally. But you, knowing almost nothing about Chinese law, can't use the school's promises, even in a contract, as a defense. So, if found to be working illegally, you could get a break as an ignorant foreigner or you could become an example and be fined heavily, deported etc. depending on the mood of the police that day. I doubt that you would be deported but fines are not out of the question.

If you are qualified to work, I wouldn't mess with this outfit. If you're not qualified, have money reserved in case things don't go well. Asking teachers to work on business visas and contracts that don't match are red flags to me.

johntpartee · Joined: 02 Mar 2010 Posts: 3258

OP, forget this place.

hoyao · Joined: 03 Sep 2010 Posts: 13

Thanks guys for the advice, especially roadwalker for the detailed information. It turns out that what I thought was the Chinese version of the contract was actually an add-on to the English contract. I still need to get some of its provisions changed, but I was wrong when I said the school gave me contracts that don't match.

daCabbie · Joined: 02 Sep 2007 Posts: 244

I would start by doing a search on Dave's and on Google. Search the name of the school or any possible variations of the name (some schools use two names).

If they have put teachers in a bad spot before then the information will be out there. Seek and you will find. I am sure that other teachers have had problems with your school before.

What is the length on the F-visa; six month? An F-visa is for a worker in China who is being paid from outside the country. An employer in China should be able to apply for a Z visa/letter on invitation.

You are running a risk? Is it an acceptable risk? Search the net and find if others have run into troubles with your possible school.

They might be very wary and want to get you in the country and look at you. With an F visa situation they can dump you immediately with no problems. A Z visa is a little protection from this happening.

Mister Al · Joined: 28 Jun 2004 Posts: 840 Location: In there

hoyao · Joined: 03 Sep 2010 Posts: 13

DixieCat · Joined: 24 Aug 2010 Posts: 263

Immigration law and contract law are separate and the procedures of one do not cross over to the other.

All languages are legally acceptable under Chinese contract law.

In the event where two contracts are signed (in China contract law and court procedures may not have yet progressed in many provinces) both can be presented to the court and the weight of both will be evaluated. This could be a expensive procedure and perhaps not worth the involvement.

wangdaning · Joined: 22 Jan 2008 Posts: 3154

hoyao · Joined: 03 Sep 2010 Posts: 13

Thanks for clearing a few things up, DixieCat. Part of the contract is only in English, so I definitely feel better about what you said about how contracts written in any language are acceptable.

DixieCat · Joined: 24 Aug 2010 Posts: 263

sharpe88 · Joined: 21 Oct 2008 Posts: 226

I had never heard that English language contracts have any real validity, any source on that Dixiecat ? Practically speaking, i'd always make sure the English and Chinese contracts match up. This is, after all, China.