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		| MisterOyster 
 
 
 Joined: 28 Jun 2012
 Posts: 9
 
 
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				|  Posted: Fri Jul 13, 2012 4:35 am    Post subject: Contract Question - withholding 10% of monthly pay clause |   |  
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				| I've been reviewing contracts from various job offers and in one from Taizhou Vocational and Technical College there is this: 
 IV. Salary payment
 Party B gets 90% of his salary (after tax ) in the early of next month, and the rest is retained temporarily by party A as party B's credit bill to fulfill the contract; If party B abides by the contract , has no violation behavior during contract fulfillment period , and works to the contract end, party B will get 100 percent when the contract ends.
 
 Is this type of clause commonplace?
 
 Could it be a sign of past problems with  FT retention?
 
 Last edited by MisterOyster on Fri Jul 13, 2012 7:04 pm; edited 1 time in total
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		| johntpartee 
 
 
 Joined: 02 Mar 2010
 Posts: 3258
 
 
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				|  Posted: Fri Jul 13, 2012 5:44 am    Post subject: |   |  
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	  | Is this type of clause commonplace? |  
 No.
 
 
 
 
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	  | Could it be a sign of past problems with FT retention? |  
 Yes.
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		| GeminiTiger 
 
 
 Joined: 15 Oct 2004
 Posts: 999
 Location: China, 2005--Present
 
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				|  Posted: Fri Jul 13, 2012 6:04 am    Post subject: |   |  
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				| agree with john. 
 also, usually airfare reimbursement fulfills the role of keeping the teacher until the end of the term. if your really keen on the job i would ask some questions like, is this money taxed, will i receive exactly x amount of money? will there be any fees applied for housing or something?
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		| Lobster 
 
  
 Joined: 20 Jun 2006
 Posts: 2040
 Location: Somewhere under the Sea
 
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				|  Posted: Fri Jul 13, 2012 7:17 am    Post subject: |   |  
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				| If you note carefully, they don't specifically mention what constitutes "violation behavior", so it would be very easy for them to conjure up any excuse to deny paying you full salary. Article 85 of the Labor Code specifically prohibits this practice. Out fits who have clauses like this often also do things like keep your passport, refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc. Pass on places that want to keep your money. They don't trust you, and you shouldn't trust them. 
 RED
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		| The Great Wall of Whiner 
 
  
 Joined: 29 Jan 2003
 Posts: 4946
 Location: Blabbing
 
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				|  Posted: Fri Jul 13, 2012 8:29 am    Post subject: |   |  
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				| Ditto John. 
 But also the school might have past problems because of foreign teachers not putting up with what we in the west would consider abuse.
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		| Miles Smiles 
 
  
 Joined: 07 Jun 2010
 Posts: 1294
 Location: Heebee Jeebee
 
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				|  Posted: Fri Jul 13, 2012 2:16 pm    Post subject: |   |  
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				| I've never seen it in an SAFEA contract or in any addenda. |  | 
	
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		| fortunatekooky 
 
 
 Joined: 14 Apr 2011
 Posts: 24
 Location: China
 
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				|  Posted: Fri Jul 13, 2012 2:52 pm    Post subject: |   |  
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				| All of the above |  | 
	
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		| kungfuman 
 
 
 Joined: 31 May 2012
 Posts: 1749
 Location: In My Own Private Idaho
 
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				|  Posted: Sat Jul 14, 2012 1:21 am    Post subject: Re: Contract Question - withholding 10% of monthly pay claus |   |  
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	  | MisterOyster wrote: |  
	  | I've been reviewing contracts from various job offers and in one from Taizhou Vocational and Technical College there is this: 
 IV. Salary payment
 Party B gets 90% of his salary (after tax ) in the early of next month, and the rest is retained temporarily by party A as party B's credit bill to fulfill the contract; If party B abides by the contract , has no violation behavior during contract fulfillment period , and works to the contract end, party B will get 100 percent when the contract ends.
 
 Is this type of clause commonplace?
 
 Could it be a sign of past problems with  FT retention?
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 It pretty much means that whoever hires you is keeping 10% of your salary.
 
 read BETWEEN the lines.
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		| kungfuman 
 
 
 Joined: 31 May 2012
 Posts: 1749
 Location: In My Own Private Idaho
 
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				|  Posted: Sat Jul 14, 2012 1:22 am    Post subject: |   |  
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	  | Lobster wrote: |  
	  | refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc. 
 RED
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 My last school refused to give us the FEC or cancel it when the contract was over. Caused MANY problems for my new school and me as I cant get a new visa now or new FEC.
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		| The Edge 
 
 
 Joined: 04 Sep 2010
 Posts: 455
 Location: China
 
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				|  Posted: Sat Jul 14, 2012 5:33 am    Post subject: |   |  
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				| LOL at the Opening Post. Contracts these days are a constant source of amusement for me.
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		| 5h09un 
 
 
 Joined: 01 Jul 2010
 Posts: 140
 
 
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				|  Posted: Sun Jul 15, 2012 1:49 am    Post subject: |   |  
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	  | kungfuman wrote: |  
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	  | Lobster wrote: |  
	  | refuse to show or give you your FEC, find ways to disallow airfare reimbursement etc. 
 RED
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 My last school refused to give us the FEC or cancel it when the contract was over. Caused MANY problems for my new school and me as I cant get a new visa now or new FEC.
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 What are you doing about it? Have you contacted the authorities? I'm pretty sure your former employer can be fined if they do that. Contact the Foreign Expert Bureau about it. They'll probably help you.
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