Job Discussion Forums

snacksturbo · Joined: 01 Jan 2011 Posts: 25

I am currently having a contract dispute with my employer. The contract states 16 class hours a week. I have been working 17 and they refuse to pay the over time. Does anyone know the process to arbitrate this? The contract is , however, the best I have ever had in China. I will be paid for the summer holiday and have been paid for the winter holiday as well. I forgot to mention, full salary over the holidays.

The Ever-changing Cleric · Joined: 19 Feb 2009 Posts: 1523

If its the best contract you've had, and if you like the job, I wouldn't make waves over one hour a week. If you stay on for another year, you might find you have only 14 hours next year. It can balance out, I've seen it happen numerous times. "Pick and choose your battles wisely" is one of the tenets I live by in this esl world.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Are you teaching 17 classes that are less than 60 minutes each (maybe 45 or 50) or are you teaching 17 one-hour classes? If it's the former, then it's within the parameters of your contract. If it's the latter then you are, yes, working overtime.

16 class hours could be upwards to 20 classes a week, depending on the length of each class.

creztor · Joined: 30 Dec 2009 Posts: 476

You've answered your own question by stating it is the best you've ever had.

TexasHighway · Joined: 03 Dec 2005 Posts: 779

Did they give you any reason why they refuse to pay the extra hour? I know it's only one hour and otherwise, they seem to treat you well, but I am just curious why they won't pay up.

Cairnsman · Joined: 22 Jun 2009 Posts: 203

slareth · Joined: 29 Jun 2010 Posts: 82 Location: Shandong

If you like the contract that much, then suck it up but be cautious. If you enter any kind of arbitration over the matter it likely won't end well for you or your contract.

Some say next year may be less hours BUT...on the other hand if you give something for free they may expect more for free later on. It has happened a million times; give an inch and they'll take a mile.

If you want to make a stand, you have every right to do so but I would think twice about involving a third party. Make your stand in house if you feel the need to do so. IMO, you should have made it earlier though. You accepted 17 hours while your contract states 16, this is your fault. Now you are trying to complain about a situation you already accepted. Not much of a leg to stand on. You can only wave the contract around like it has some meaning when most everybody understands it's worth less than the paper it's printed on. MOD EDIT

snacksturbo · Joined: 01 Jan 2011 Posts: 25

The contract appendix states only 16 Class hours a week. There is no other statement.

I had asked and informed them I was working 17. I also informed them I would be looking for the overtime pay. Only at the end of the semester did they refuse to pay me. The new semester I was again scheduled for 17 each week.
I also believe in the "give an inch they will take a mile". It seems this is exactly what has happened.

I think I would advise others to stay away from the school. There are other problems, as usual. Not getting books for the courses until the 5th week of classes. Some of the books they issue are beyond the students skill level, and others below. Not translating anything for me, and somehow expecting me to read and write in Chinese.

The school is Minzu University in Nanning. Specifically, xiang si hu college.

wangdaning · Joined: 22 Jan 2008 Posts: 3154

Why not just tell them you are going to drop one hour of class? Tell them that working outside of the contract is illegal (you don't have the proper documents for volunteer work), and you wont work the extra hour until they come in line with the contract and pay you for all the overtime you have worked.

TexasHighway · Joined: 03 Dec 2005 Posts: 779

MOD EDIT

Chinese employers are notorious about trying to add on more unpaid work, one hour at a time. I agree that too many FT's are a pushover and won't stand up for their rights making it harder for the rest of us. Once the employers start chipping away at those rights, what once seemed like a great deal might not seem so great anymore.

The Ever-changing Cleric · Joined: 19 Feb 2009 Posts: 1523

in the first post, the poster made it seem the job was great. In the second post the job is described as riddled with problems and he/she advises others to stay away from this school. Consistent, timely and accurate information (hard to come by not only on this thread) would be more helpful on this forum.

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

if it's only one hour per week, and it's the bestest contract
you've ever had in china, don't worry too much about it.

you can, however, decline to perform any additional duties,
such as speech competitions, office hours, promotions, or
engrish corners that are not specifically required by contract.

but if it's too much to beer, you could withhold final grades
at the end of the semester pending satisfactory resolution.
that, of course, would lead to more problems.

snacksturbo · Joined: 01 Jan 2011 Posts: 25

My original post was to ask for opinions and experience on the matter at hand. Any added information was in answer to queries.

I would like to ask all of you one question in response to some of your posts, "When have you ever had a job in China that didn't have trouble of some sort or another?"

I said that I would not recommend the school to anyone else. This is how I feel. This is my opinion and I have a right to it. What I can say to defend my position is that, after I have taken this as far as it will go, barring arbitration, I will still not be paid for the hours worked, or any hours yet to be worked. Their position is that, there was a mistake made in the appendix of the contract. It should read 16-18 class hours a week. I even offered them the opportunity to rewrite the appendix to reflect this change and they refused any attempt to renegotiate. This is what I don't get. I have tried to work with them in a number of ways to resolve the problem. This and this alone is why I have stated that it is not a good place to work.
They do have some other strange idiosyncrasies, like roving class monitors who can at any time observe the class and give feedback. I have been observed 6 times since September. Each time with a good evaluation, but it seems excessive. I was unaware of this when I was hired; it isn�t a big thing, just strange. I think in any post here, to add everything one has encountered to be counter productive to the original question.

In answer to another post, if I refuse to teach a class I can be fired. This IS in the contract.

To those who may not understand my wisdom. I will not sink to their level; I will conscientiously fulfill my contractual obligations, even if they do not take a contract as seriously as I do. I will never sink to a tit for tat attitude. Also this keeps them from having ammunition to use against me if something should arise.

What I really want to know is, has anyone been through the process of arbitration?

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

I still don't get it: Are you teaching/working 17 class hours or teaching 17 classes? There would be a difference. How many classes are you teaching each week and what is the duration of each of those classes?