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is getting docked 2 months pay common?
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Erutpar



Joined: 16 Apr 2012
Posts: 24

PostPosted: Fri Jul 06, 2012 7:10 am    Post subject: is getting docked 2 months pay common? Reply with quote

I'm still somewhat new to Chinese school contracts. I was sent this offer, and found this:
Quote:
7. NOTICE OF TERMINATION
The Employee may terminate this Contract with reasonable justification, and provided that, through
acknowledging the unique recruitment requirements of the School, provides six (6) months advance
written notice.
Should the Employee leave post with the School without giving six (6) months� advance written notice,
the Employee shall compensate the School the equivalent of two month�s combined salary and
teaching allowance (RMB 22,000). These monies shall cover expenses such as headhunter�s service
fee, visa application, and general administration incurred by the School in hiring a replacement for
the Employee in the case that the Employee resigns prematurely and without giving said proper
notice.

2 months salary for failing to provide 6 months notice...seems kind of harsh?
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GeminiTiger



Joined: 15 Oct 2004
Posts: 999
Location: China, 2005--Present

PostPosted: Fri Jul 06, 2012 7:37 am    Post subject: Reply with quote

Most contracts have a termination clause. It's usually just about one month salary. This particular clause is absolutely ridiculous as it states a six month advance notice. Obviously that is basically impossible whatever situation would take you from the job isn't going to allow a six month notice. Also an employee should be able to terminate their job immediately under some situations. For example all of my contracts have had a clause about proper working and living conditions provided by the school, illness or other emergency situations that would cause you to leave a post.

In my opinion a clause like this is a window into the employers soul. I see eternal darkness, do not accept this offer. When you see a clause like this you are guaranteed to be eventually swindled one way or another.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Fri Jul 06, 2012 8:54 am    Post subject: Reply with quote

Chinese labor law states:

Quote:
Article 37. A worker may terminate his employment contract upon 30 days� prior written notice to his Employer. During his probation period, a worker may terminate his employment contract by giving notice to his Employer.

Article 38. In any of the following circumstances, a worker may terminate his employment contract by giving notice to his Employer at any time:
(1) the Employer fails to provide the labor protection or working conditions specified in the employment contract;
(2) the Employer fails to pay labor compensation in full and on time;
(3) the Employer fails to pay the social insurance premiums for the worker in accordance with the law;
(4) the rules and regulations of the Employer violate laws or regulations, thereby harming the worker�s rights and interests;
(5) the Employer used such means as deception or coercion, or took advantage of the other party�s difficulties to cause him to conclude or amend the employment contract contrary to his true intent;
(6) other circumstances specified in laws or administrative statutes.
If an Employer uses violence, threats or unlawful restriction of personal freedom to compel a worker to work, or if a worker is instructed in violation of rules and regulations or peremptorily ordered by his
Employer to perform dangerous operations which threaten his personal safety, the worker may terminate his employment contract forthwith without giving prior notice to the Employer.


This is certainly a swindler's contract.

RED
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Fri Jul 06, 2012 9:26 am    Post subject: Reply with quote

You would be better off doing a runner. No doubt this employer would pay the monthly salary in the middle or end of the following month, so even if you did a runner you'd still lose 2 or 3 weeks pay. Still better than coughing up 2 months salary! Better yet, don't accept the job.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Fri Jul 06, 2012 12:45 pm    Post subject: Reply with quote

6 months' notice? Wow...

Pass.
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stinkytofu



Joined: 23 Feb 2012
Posts: 104

PostPosted: Sat Jul 07, 2012 12:24 am    Post subject: Reply with quote

The way the contract is written, there's not much incentive to tell them your leaving. At many schools your better off getting fired than giving notice your leaving, that way you don't have to pay anything and the manager will make sure you leave ASAP. Just come to work drunk the day you want to quit.
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samhouston



Joined: 17 Jan 2007
Posts: 418
Location: LA

PostPosted: Sat Jul 07, 2012 2:13 am    Post subject: Reply with quote

Don't forget references and/or release letters if you want to avoid starting from scratch with your next job in China, if that applies.
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Brian Hugh



Joined: 07 Jan 2012
Posts: 140
Location: China

PostPosted: Sat Jul 07, 2012 4:59 am    Post subject: Reply with quote

Heh it's better than what most people have in the education field. You don't have to pay for the position.
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The Edge



Joined: 04 Sep 2010
Posts: 455
Location: China

PostPosted: Sat Jul 07, 2012 11:36 am    Post subject: Reply with quote

LOL at some of the contracts that are knocking about these days.
LOLouder at people who sign them.
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Sat Jul 07, 2012 12:14 pm    Post subject: Reply with quote

This clause may indicate that the school cannot keep teachers and/or the school has money problems and is trying to profit from anything and anything.

That money will probably go into someone's pocket and the books will show it as FT salary.

The past two schools I've worked for have pulled some annoying stunts solely to make or save money. Air conditioning was turned off in the summer and the heat wasn't turned on until the FTs threatened to quit. (Our contracts called for a/c and heat throughout the year). One of the schools required FTs to vacate the premises during the winter and summer and move into a hotel at our expense.(wait. The school did offer to pay for the wi-fi in the hotel room if it was available).

The apartments were rented out to Chinese people. (Nobody knew who they were. They just made a mess and rifled through the FT's belongings).

I think we're going to see more and more weird clauses in contracts as the Chinese economy continues to tank.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Sat Jul 07, 2012 2:23 pm    Post subject: Reply with quote

Well, if you signed a contract that allowed them to boot you out of your apartment, what can you say? If you stayed after the AC was turned off. why?

Wait, the Chinese economy is tanking? Really? Oh no, not again! I hate it when that keeps happening.

RED
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Mr. English



Joined: 25 Nov 2009
Posts: 298
Location: Nakuru, Kenya

PostPosted: Sun Jul 08, 2012 4:12 am    Post subject: Reply with quote

Employment contracts in China are negotiable, and most legitimate employers will negotiate; no reason to ever sign such garbage.
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The Edge



Joined: 04 Sep 2010
Posts: 455
Location: China

PostPosted: Mon Jul 09, 2012 1:11 am    Post subject: Reply with quote

Most employment contracts for FT's are not worth the paper they are written on.
Some are very funny though so always keep them for experience and humour purposes.
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Erutpar



Joined: 16 Apr 2012
Posts: 24

PostPosted: Mon Jul 09, 2012 5:30 am    Post subject: Reply with quote

When I expressed my dissatisfaction with these terms, this is the response I received
Quote:
The required notice of termination is after the probation period. During the probation period there is no required notice period. The six month notice period is standard in all overseas hire contracts as the company is also investing in its teachers through items such as flight reimbursement allowance, resident permit and insurance.

The reality is that if a teacher wishes to leave earlier than this we work to find a replacement teacher and as soon as this can be done the teacher can finish work and the loss of salary penalty is not enforced.

I can certainly issue you with a contract that contains a 2 month notice of termination clause, however you would no longer be entitled to the flight reimbursement allowance after the probation period. As this contract is designed for teachers already in China we would also be unable to provide airport pick up and 3 nights hotel accommodation upon arrival.

Let me know how you wish to proceed and if you have any further concerns or questions.
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GeminiTiger



Joined: 15 Oct 2004
Posts: 999
Location: China, 2005--Present

PostPosted: Sat Jul 14, 2012 1:20 am    Post subject: Reply with quote

it's bunk toss this job.
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