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Contract queries

 
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red



Joined: 10 Feb 2003
Posts: 17

PostPosted: Fri Apr 16, 2004 9:10 am    Post subject: Contract queries Reply with quote

I am hoping to take up a teaching position in China (Guangzhou) in September of this year and I have a few queries regarding my (as yet unsigned) contract. I have read the 'contract tips' post on this forum, but I have some specific questions also and am seeking advice from all you wise folk out there.....

Firstly, the contract (written in English, not Chinese) is between myself and the school recruiters, NOT between myself and the school. Although I would normally avoid recruiters like the plague (largely on the strength of advice from this board!) I feel reasonably happy in this instance as I have been lucky enough to interview in person with the recruiters, an English couple based in the UK. As a result of this interview, I feel satisfied that they are a professional and legitimate outfit recruiting on behalf of a genuinely good school. HOWEVER, are there any blindingly obvious problems with a contract of this type which I am simply not aware of?

Secondly, the contract states how much I will be paid (per month) but not WHEN. I suspect I need to request inclusion of pay dates - would you agree? Furthermore, it does not specify if the figure given is Net or Gross - again, do I need to request that this be clarified? My knowledge of taxation in China is rather sketchy, I'm afraid!

Thirdly, the contract states that I will be entitled to "the same paid holiday as other teachers in the school", however no precise figures are given. I suspect that it would be wise to request inclusion of more specific holiday allowance - would you agree?

Fourthly, the contract states that I will be provided with on-campus accommodation but it does not list any specifics , i.e. western bathroom (or not), self-catering facilities (or not), TV (or not) etc. Do I need to request that these be added in? I have seen photographs (which seem fine) however I am acutely aware that you can't always trust this kind of evidence!

Any advice/recommendations are most welcome. Thanks in advance Very Happy
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Louis



Joined: 02 Jan 2004
Posts: 275
Location: Beautiful Taiyuan

PostPosted: Fri Apr 16, 2004 1:38 pm    Post subject: Reply with quote

This sounds like a very generic recruiter contract. Besides your name and the name of the school, are there specifics? I think that negotiating with the school itself and getting all details on paper would be a good idea.
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Rhino



Joined: 29 Mar 2004
Posts: 153
Location: frosty cold one...ehr, Canada that is

PostPosted: Fri Apr 16, 2004 4:42 pm    Post subject: Reply with quote

I agree , dont sign untill you get some details
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naturegirl321



Joined: 04 May 2003
Posts: 9041
Location: home sweet home

PostPosted: Fri Apr 16, 2004 11:41 pm    Post subject: Reply with quote

Write in the details of your contract and send it back to the school for approval.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Sat Apr 17, 2004 9:01 am    Post subject: Reply with quote

What's so strange is that your agent in the UK signs a contract with you; this contract is non-binding as regards the school. YOu will no doubt be offered a contract from the school itself; if I am right, then you will be able to get the answers to your questions in there.
But this contract will not arrive any time soon; they will send it just in time for you to apply for your work visa.
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Cowboy Pete



Joined: 28 Mar 2004
Posts: 106
Location: Godless China thank God

PostPosted: Sat Apr 17, 2004 11:52 am    Post subject: Reply with quote

I say dign it and go over and see what happens.. It will be like a whirlwind dream.
The only rules here are if your Boss (rather the owner) will uphold your contract. What you gonna sue? Not likely.
Just read it yourself, decide and come on over. We need more female teachers, aren't you...
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bullitt



Joined: 12 Dec 2003
Posts: 49
Location: Shanghai

PostPosted: Sat Apr 17, 2004 6:06 pm    Post subject: Reply with quote

Rodger is right on here... The contract you eventually sign with your recruiter is not binding on the school you end up with.(at least in a common-law country like the UK) That does not mean that it is worthless however... you would have an action against your recruiter in the UK if the terms of the contract are not fulfilled by your school, which is better than trying to get remedy in the PRC under the schools contract.
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gerard49



Joined: 23 Oct 2003
Posts: 44
Location: Zhaoqing

PostPosted: Sun Apr 18, 2004 2:28 am    Post subject: Reply with quote

Beware my friend!! The recuiter in question wouldn't happen to be someone who operates out of Beijing and who claims to be a "doctor $**&up" by any chance?? He never corresponds himself but operates through a bogus employee who doesn't exist because he's never there when you call. The same recruiter will promise you the world because of "your most valuable experience and talents". Then when you request to speak to the school or a foreign teacher at the school, you'll get the runaround. "The school is only 5 bus stops from the city" he will suggest, when in facts it's more like 40 minutes etc, etc.
By the way he does have others working for him in other countries on a commission only basis. They use the same MO as he does.
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red



Joined: 10 Feb 2003
Posts: 17

PostPosted: Sun Apr 18, 2004 11:41 am    Post subject: Reply with quote

Thanks for all your advice. I have now submitted a list of additional demands, er, I mean questions, and am eagerly awaiting a response.....

Thanks also for the warning, gerard49 - luckily this is not my recruiter! I am very aware that there are many scams out there - I am fairly confident that this is not one of them, but it always helps to get feedback. I hate to be so paranoid, but I suppose this is better than flying out on a whim only to end up in teaching a 50 hour week to classes of 300 for 50RMB per month with only one blackboard, no chalk and a dog-eared battered old textbook dating from 1945 (with most of the pages missing, naturally) for company. I mean, I like a challenge and everything, but.....

I'll let you know how I get on....!
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