Job Discussion Forums

[struelle]

I just came out of a meeting with my supervisor, and man, am I ever fuming! I decided to add my vacation days onto the upcoming May Holiday rather than take them now (as was the original plan). I worked family obligations into this, something that all Chinese understand. As an excuse for a holiday, I said my sister would come and visit me.

Giving at least a months notice for vacation, my request was turned down. Why? I'm the only FT at the school now, and the oral classes would be in disorder if I took time off. As well, it would unpaid leave. Then I said, "I see, but my contract says I'm entitled to 12 paid days of vacation. Last semester I only took 2 days off for Christmas, so I should still have 10 left."

The reply was, "The paid holidays are for National Day, Spring Festival, and Labor Day, plus the two you took for Christmas. We get 7 days May holiday coming up, you know, you get paid for that. But of course you have to work the weekend before and after."

I had to process this for a second. Then it hit home like a slap in the face.

My boss interprets the vacation days I have on my contract to be the same as the stat holidays! In other words, there is nothing extra. That's right, none. Zip. Zero. Nada. Zilch. I assumed wrong.

The only relief in sight now is a 7 day stat holiday. I'll look forward to it, but this is a major bummer as I wanted to use my so-called extra vacation time to smooth out this brutal contract.

Note to other FTs: Please learn from my mistake and make sure you and your employer are 100% clear on the vacation issue before signing. Ask a dozen confirmation and concept check questions to make sure you both have the same understanding.

Note to Chinese employers: It is the FTs responsibility to do the homework before signing, but why don't you at least be more up front and honest when presenting a contract to potential teachers? I'll tell you one thing, I am 10 times more wary now about working for any of you guys again. Frankly speaking, you have upset me greatly and I won't work for any of you guys again.

Steve

[Lanza-Armonia]

Steve

So what happened after that? Did you get your holidays or did he stick to his guns and played the "I'm big and your small and there's nothing you can do about it" rule?

As from now on, I am more warry although, I haven't come across the problem as of yet. All the contract I've seen are pretty well worded.....maybe I missed something to....

Thanks for the heads up!

LA

[Slim Pickens]

X

[struelle]

Thanks for the vote of confidence, Slim, I really appreciate it I've calmed down now after busting a.s.s. around the track and working the bench press. Aside: no wonder I've lost a lot of weight recently

A closer and more objective look at my contract now shows that I'm correct after all. However, my boss was extremely shrewd and used an accounting loophole. Read on.

When the contract was first negotiated, you can be sure that I foresaw problems with vacations and wanted to nail this. Actually, that was a major sticking point with my first employer (a western company) I worked with. With this employer, I made sure to get a good clause, so this is what came up:

"Party A shall provide 12 days paid vacation during the course of the contract, not including official public holidays."

Sounds good so far, but here is the accounting loophole that my boss used. It explains the problem well, and it doesn't violate the clause above:

- For official public holidays, the government lists 3 days each for Nat and Lab, plus one for New Years.

- But in actual fact, the government allows companies the option of having golden weeks, that is 7 days holiday for Nat and Lab, plus 3 days for New Years. The extra days come from working weekends previously.

- Now do the math: The golden weeks add an extra 4 days holiday for both Nat and Lab. 2 extra days are added for New Years. My boss used those extra days as part of my paid vacation time. 10 days plus 2 used for Christmas is ..... lessee .... 12!

What about the weekends before the golden weeks that I have to work? I get paid for those all right, as my employer simply pays based on actual class hours taught. If I work through a weekend, those classes just get added to the tally.

You can see how sneaky all this is, because a paid holiday is divided from my stated monthly salary. This is always more than the actual class hours.

But as for a middle ground, yes, I'm in total agreement here. I will keep arguing for a 2-week Labor Day break and use my success in the classroom as leverage. Although my bargaining power is low now (only FT in this joint), I will try my best.

Steve

[Slim Pickens]

X

[struelle]

Good pic I'm doing the same thing now.

As for a clause, try this for size:

"Party A shall provide Party B with X days of paid vacation for the duration of the contract. This is in addition to the Y days of paid holidays that Party A receives during National Day, New Years, Spring Festival, and Labor Day."

Steve

[arioch36]

Your Christmas holidays are a state holiday. At least in Henan it is, and I believe this is a Beijing decree. These days are an official public holiday for foreign experts.

[Roger]

I am not sure I understand your predicament fully, Steve, but as a matter of fact, holidays used to number 3 days in May for the Labour Day, and also three days for spring festival, but this usually was lengthened to ten days or more as most workers return to their home places to be with their families.
Several years ago, the government decided to extend holidays so that China's hospitality industry could benefit from domestic tourists. It meant, however, that many teachers have to make up for lessons, so weekends get cancelled and students have to cram extra time in classrooms.
At public schools, you won't normally be paid during long holidays, specifically the summer holidays, and private businesses are under no obligation to pay you during holidays either. That's why they stick to "statutory" holidays, which tend to be subject to personal interpretation. My first training centre put me on unpaid holiday in spring of my second year for a whole month.
I got my airfare only after I returned from my holiday trip to Taiwan!

[struelle]