Job Discussion Forums

[brittbing116]

Hey! I got offered this contract in Guangzhou and wanted to make sure it was on the level. Please let me know if there is anything I should ask them to change or if it seems decent. Does anyone have experience with Guangzhou Worlda Cultural & Educational Service Co., Ltd.? It is a recruitment company, but it is definitely something I am interested in pursuing. Thanks!

Note: I asked them to specifically outline the working hours which they did in a previous draft, but neglected to include in this one. They specified: Monday to Friday (18hours=27classes/week) 8:00AM-12:00AM; 14:30PM--17:00PM or 17:30PM. A few positions require teachers work at weekends and Company guarantees 2 days off within a week.

My recruiter hasn't responded yet to that request.

Party A and Party B through friendly consultation, reached the following agreement:

1
Party A contracts Party B (Brittany) as Party A�s teacher.

2
Party B agrees to accept Party A�s work orders, abide by Party A�s work arrangement and management, receive Party A�s pre-job training , abides by Party A's 《Foreign Teachers Working System and Management Regulations 》and other work system. Party B is required to complete Party A�s arranged work according to Party A�s quality standards and requirements.

3、
Party B�s duty range: agrees to carry out Party A �s arrangements of English language teaching ,teaching data collection, lesson plan design, teaching and research, teaching promotion and other arranged work related to English or teaching ;participate in Party A�s meeting on time, implement Party A�s arranged activities.

4、
Party B shall abide by the People�s Republic of China laws and regulations. During contract period, Party B should complete Party A�s arranged work according to Party A�s required quality, quantity and on time. Party B should not refuse to work or leave work for any reason ,Party B should not fraud deceived Party A so as not to work, except Party B attain Party A�s writing permission prior to the leave . Otherwise, Party B is considered breach of contract, Party B should bear the breaching responsibility, and Party A has the right to give Party B a warning or an advance contract cancellation, plus looking into Party B�s violation responsibility.

5
After Party B passes teaching training evaluation, Party can officially start working, the first month (30 working days) is considered the assessment period. Within the assessment period, if Party A considers Party B incompetent at work(not able to meet the job requirement, breach 《Foreign Teachers Working System and Management Regulations 》, customer feedback or teaching management evaluation failed. ) Party A has the right to cancel the contract in advance, and only pays Party B the actual working hours remuneration.

6
Working hours: Within contract period, Party B shall perform average weekly working time 18 hours (27 classes / 40 minutes per session), Party A pays Party B RMB150/per hour for overtime. (Working time is the class teaching time and other working hours arranged by Party A, lunch break, recess between classes, after school hours are not work time.) If work hours are not enough 14 hours/week in a month, the remuneration will be converted according to the actual working hours.

7、。
Party A shall pay Party B a monthly remuneration with standard: RMB6300 . (Basic remuneration + assessment remuneration).Monthly remuneration is paid on the 20th for last month. If pay date meets rest days, holidays, festivals, Party B�s monthly remuneration will be fulfilled by the next fist working day. In case of banking equipment, network, account information reason causes a failure or a problem of affecting Party B receiving monthly remuneration on time, Party B shall notify Party A as soon as possible, Party A shall pay Party B within two working days after receiving Party B�s notice or Party B can get monthly remuneration in cash from Party A. Party B shall not borrow money for any reason or request Party A to pay in advance. Party B should bear the income tax; Party A can pay it on Party B�s behalf.
8、
If Party B chooses to live in Party A�s accommodation:
a) Party A�s accommodation provides Party B with living facilities such as air conditioners, washing machines, refrigerators, water heaters, beds, mattresses, and wardrobe. Party B self-care costs include: utilities, gas, telephone, Internet access fees, and property management fees charged by property management office, bedding and other personal supplies. Party A only pays the accommodation�s rent.
b) Party B shall abide by Party A�s 《Dormitory Regulations for Foreign Teachers (English and Chinese) 》,during the residence period, Party B shall take care of the room facilities, if any damage occurs, Party B bears the compensation liability.
c) After Party B has decided to live in Party A�s accommodation, Party B shall not give up Party A�s accommodation or request a replacement within the contract period.

9、
If Party B does not choose to live in Party A�s accommodation：
Party B shall solve house renting him / herself, after attains an approval from Party A, Party A pays Party B RMB 1800 per month as housing allowance on monthly remuneration date.

10
If Party A considers Party B competent after 30 days� work assessment period,
Party B shall submit the relevant cost invoice approved by the Chinese tax authorities to Party A within 40 working days after the arrival. When Party B completes the contract and has fulfilled the documents handover procedures, Party A pays Party B reimbursements with Party B�s invoices for the following charges:

(1)
Hotel cost arranged by the Party A for the pre-job training period (reimbursement standards: not more than RMB150/ day).

(2)
If it is a two semesters contract(10 months or more ), Party A shall pay Party B a round trip airfare( not more than RMB 8000) at the completion of contract. If it is a one semester contract (4 months or more, less than 9 months), Party A shall pay Party B one way airfare (not more than RMB4000) at the completion of contract; If the contract is not enough 4 months, (the flight reimbursement will be calculated by RMB4000 divided by 4 months times contract actual months), the flight reimbursement is paid at the completion of contract.

11、
Early termination of the contract caused by Party B for any reason, Party A shall not pay Party B the hotel expenses and flight reimbursement, plus look into Party B breach of contract responsibility.

12、
Party A purchases accident insurance for Party B (total amount: RMB 120.000.00 accident insurance). If an accident occurs, Party B shall submit the relevant medical proof and medical cost invoices, Insurance Company reimburses Party B according to accident injured reimbursement standards, excess costs beyond the insurance company�s reimbursement standard will be undertaken by Party B.

13.
Party B shall treat both parties contract contents、remuneration standard, personal information (Such as: passport, resume, education and other documents)and Party A�s 《Foreign Teachers Working System and Management Regulations 》and other work systems ,teaching material, Party A�s files strictly in confidence. Party B shall not snoop, talk about and compare the other teacher's remuneration, benefits and other teacher's personal information.

14、
After Party B signs the contract, Party B shall comply with contractual commitments and should not raise an increase of extra wage or extra benefits requirement during the contract period

15
During the contract period, Both party A and Party B agree to�remuneration distribution according to work� "principle, Party A pays Party B according to Party B�s actual working time ; If the following situations happen, Party A only pays party B according to Party B�s actual work time:
1) In pre-job training, Party B hasn�t started teaching or working；
2) Within contract period ，Party B does not teach or work(included winter vacation and summer vacation), Party A shall not pay Party B.
3) Within contract period, Party A pays Party B according to actual work time.

16。
Party A bears the responsibility of offering assistance to Party B�s visa application and residence permission. Work visa and residence permission are preceded, issued and recognized according to foreign teacher�s personal qualification by the Chinese government. Party B should cooperatively provide the relative documents for visa application according to Chinese�s Laws and regulations. Party B should bear the responsibility of the provided documents are original and valid. If Because of Party B�s personally reasons that Party B cannot get work visa and residence permission, Party A bears no responsibility. Work visa and residence permission are Party B�s work identification in China .Relevant visa fees are undertaken by Party B.

17、
Within contract period or 24 months after the completion of the contract, without Party A�s writing permission, Party B is not allowed to have an employment or labor relationship with Party A�s customers for any reason in any form. Within the contract period, without attaining Party A�s written permission, Party B is not allowed to engage in non-company assigned part time work arrangements. Otherwise Part A has the right to confiscate Party B�s part-time income, and look into the violation responsibility.

18、
If Party B resigns for various reasons, Party B must submit a written application to Party A in a three months advance and attain Party A�s written permission, Party B should properly handle the transfer process well with Party A before departure; Or Party B will be considered breach of contract, Party A has the right to look into Party B�s violation responsibility and pursue litigation.

19
If both parties cancel contract in advance, Party A should stop Party B�s work visa and residence permission according to relevant Chinese laws and regulations.

20
Both parties should strictly abide by the terms of this contract. If one party breaches contract, the breaching party shall pay the other party for breach of contract caused economic losses (not less than USD2000) and undertake the relevant responsibility by law.

21、合同有效期限：开始于年 月 日 结束于 年 月 日
Contract�s validity duration: commences on , completes on .
22、《外籍教师工作制度与管理规范》和甲方各项工作制度作为本合同的附件，与本合同具有同等效力。
Attached 《Foreign Teachers Working System and Management Regulations 》and other work system, regulations as contract attachment comes into force on the same date of contract and with the same equal authentic effect with contract .
23、本协议未尽事宜，双方协商解决。
Outstanding issues of this contract, both parties settle and solve through equal consultation.
以下空白 （The following is Blank）




甲方Party A： 乙方Party B：
(签字 Signature) (签字 Signature)
日期 Date：
国籍(Nationality)：
护照号(Passport NO.：
日期 Date: ：

[american_inchina]

I was just wondering if you accepted the position at Worlda? If so could you please pm me? I am considerina an offer from them as well.
Thanks

[chinanoodles]

Contract seems fairly standard.

I would heavily question the part about 'property management fees'. Find out the numbers and get them in writing.

I do find it interesting that they specifically mention you can not ask for a different house if you accept the first. Be careful there. I would not suggest sleeping a single night there unless everything is to your satisfaction. They *may* try and be shady and consider that as acceptance. They also may not. I just found it a little odd.


Good luck.

[JamesD]

"....If work hours are not enough 14 hours/week in a month, the remuneration will be converted according to the actual working hours. ."

Question - am I reading this correctly?
If they do not have enough hours for you and your schedule falls below 14 hours per week then your salary is pro-rated.

Might ask them about this or you could find yourself working 2 hours a week for 1200 RMB a month (8 hours at 150??).

Or have I misconstrued?

[chinanoodles]

I read that the same way, good catch.

[brittbing116]

Hey everyone,
Thanks for your responses. Ultimately, I turned this school/offer down. The way they structured their hiring was slightly suspect. They don't assign you to a specific school until you actually get there. This seemed questionable to me- like they might farm me out to the lowest hire they could

[igorG]

[Lobster]

I'm glad to hear you turned it down. That contract sucks on so many levels. It's "typical" perhaps in that it places all demands and responsibilities on the teacher and none on the company. From the pay structure to the training to the housing to the requirement that you pay for your visa; it's all a steaming pile of fecal matter.

RED

[igorG]

Now, you're talking. I couldn't agree more with you here. The recent standard appears to be a bad employment agreement or a terrible employment agreement. Which one will you choose?