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Genthree
Joined: 28 May 2012 Posts: 14
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Posted: Fri Jul 06, 2012 1:48 pm Post subject: English-Only Contract? |
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I am about to accept a job offer from a school in Xi'an. The contract they sent me was entirely in English, so I asked for a copy of the contract in Chinese. They claim that FTs only sign an English contract. All of my other dealings with the school have been positive, but I just want to make sure this is legitimate, as I thought they needed a translated contract in order to secure a Z-visa. Anyone have experience with this? |
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Opiate
Joined: 10 Aug 2011 Posts: 630 Location: Qingdao
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Posted: Fri Jul 06, 2012 1:54 pm Post subject: |
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The English copy has little meaning, only the copy in Chinese is important though you must sign both. If they are trying to hide that from you, I'd be more than a little concerned. |
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Javelin of Radiance

Joined: 01 Jul 2009 Posts: 1187 Location: The West
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Posted: Fri Jul 06, 2012 2:00 pm Post subject: |
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How were you communicating with these people? Phone? Email? Misunderstandings on either end are nothing new as FAOs are not always known for having exemplary English. If you accept the job you'll get both copies no doubt. Not much to worry about at this point as you're nowhere close to the end of the process yet. |
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Genthree
Joined: 28 May 2012 Posts: 14
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Posted: Fri Jul 06, 2012 2:31 pm Post subject: |
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Javelin of Radiance wrote: |
How were you communicating with these people? Phone? Email? Misunderstandings on either end are nothing new as FAOs are not always known for having exemplary English. If you accept the job you'll get both copies no doubt. Not much to worry about at this point as you're nowhere close to the end of the process yet. |
I've been communicating by e-mail. I know the FAO's English is not very good, but he has assistants whose English is OK. I want to make sure that I have a copy of the Chinese contract before I leave so I can have a Chinese friend look it over, then compare it to any contract I'm asked to sign when I arrive.
The direct quote from them is this:
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the contract we sent yesterday is the original version, we have never signed a chinese one with any other foreign teachers |
So I am correct in believing that I will eventually be asked to sign a Chinese contract? This is with a GAC centre if that makes any difference. |
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Opiate
Joined: 10 Aug 2011 Posts: 630 Location: Qingdao
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Posted: Fri Jul 06, 2012 2:37 pm Post subject: |
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Javelin of Radiance wrote: |
How were you communicating with these people? Phone? Email? Misunderstandings on either end are nothing new as FAOs are not always known for having exemplary English. If you accept the job you'll get both copies no doubt. Not much to worry about at this point as you're nowhere close to the end of the process yet. |
You are making excuses. If he is far enough along in the process to get a copy in English, why not in Chinese too? Any reluctance to provide a copy in Chinese should cause some alarm. The OP is trying to be smart about this whole thing and you are giving him advice that is flat out idiotic. |
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The Great Wall of Whiner

Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing
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Posted: Fri Jul 06, 2012 2:37 pm Post subject: |
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Dodgy.
Every legal contract I've had here has been in Chinese, and I have seen contracts that are different in Chinese than they are in English.
Beware. |
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The Great Wall of Whiner

Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing
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Posted: Fri Jul 06, 2012 2:39 pm Post subject: |
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Opiate wrote: |
Any reluctance to provide a copy in Chinese should cause some alarm. |
Yes. |
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Lobster

Joined: 20 Jun 2006 Posts: 2040 Location: Somewhere under the Sea
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Posted: Fri Jul 06, 2012 2:46 pm Post subject: |
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The English copy has little meaning, only the copy in Chinese is important though you must sign both. |
Sorry, but this is not exactly true. If 2:
1. Each signed and chopped contract has equal weight.
2. A non-chopped contract has no weight.
3. Any contract you don't sign has no weight.
4. Each page should bear part of the chop and be initialled by you.
5. Both parties must receive a copy.
If you only sign one chopped contract, no matter what language it's in, that will be the working contract. They can't pull out a Chinese contract you haven't signed and force you to follow it later. So don't sign anything else.
Usually we get a Chinese SAFEA contract with general stuff to get the FEC and RP, and an appendix in English that covers the actual terms. You may ask the contract to state that it supercedes any and all other documents or understandings but is subject to Chinese labor law.
RED |
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Genthree
Joined: 28 May 2012 Posts: 14
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Posted: Fri Jul 06, 2012 2:52 pm Post subject: |
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Lobster wrote: |
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The English copy has little meaning, only the copy in Chinese is important though you must sign both. |
Sorry, but this is not exactly true. If 2:
1. Each signed and chopped contract has equal weight.
2. A non-chopped contract has no weight.
3. Any contract you don't sign has no weight.
4. Each page should bear part of the chop and be initialled by you.
5. Both parties must receive a copy.
If you only sign one chopped contract, no matter what language it's in, that will be the working contract. They can't pull out a Chinese contract you haven't signed and force you to follow it later. So don't sign anything else.
Usually we get a Chinese SAFEA contract with general stuff to get the FEC and RP, and an appendix in English that covers the actual terms. You may ask the contract to state that it supercedes any and all other documents or understandings but is subject to Chinese labor law.
RED |
According to China Law Blog, a Chinese contract always carries more weight than a contract in another language.
If I am truly only asked to sign an English contract, then I have no problem. If, however, I show up and they force me to sign a Chinese contract as well, the Chinese one will take precedence.
source: http://www.chinalawblog.com/2009/10/dual_language_china_contracts.html |
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Denim-Maniac
Joined: 31 Jan 2012 Posts: 1238
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Posted: Fri Jul 06, 2012 3:14 pm Post subject: |
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My last two contracts have been English only. Dont recall seeing a Chinese one TBH. If everything else has gone well with this application, and it ticks all your boxes, Id suggest taking a leap of faith and going with it.
Thats just my advice, ignore as you see fit. There are lots of contract disputes and non-payment issues that pop up on the forums, and most of the time the people that have these issues have a signed contract ... dont think signing a contract is going to ensure that everything always goes swimmingly.
If all the other boxes have been ticked, and the job feels like it should be a good fit, Id suggest it would be unwise to lose it over not seeing a contract written in Chinese. Not sure I have ever worked with someone who could read a Chinese contract, so its reasonable to expect some employers dont tend to issue them to FTs. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Fri Jul 06, 2012 3:22 pm Post subject: |
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Geez, I must work for a swell school (and I do!). For the past 8 contracts I have only ever seen and signed an English version. I have yet to feel any negative effects due to this. Mileage may vary amongst other schools however. |
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fortunatekooky
Joined: 14 Apr 2011 Posts: 24 Location: China
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Posted: Fri Jul 06, 2012 4:22 pm Post subject: we can't give you a chinese copy bcuz we don't speak chinese |
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Ultimately, the school does not want a legal contract with you.
No school does, if you took a poll.
does this mean trouble for you? Maybe. It's definitely a show of bad faith if they don't want to provide it. IT's NOT AS THOUGH THEY DON'T SPEAK CHINESE.
Lots of things can happen before you arrive and start the job, or one month later, or nine months later. A school always wants the option of wiping their hands clean if things change, or you don't cut the mustard.
Many times, you can have a good experience with your employer, if you maintain face with them.
Some companies are in it to rip you from the start. Some might rip you a little bit later if you don't bend for them later when they ask, or you disappoint them in some other way.
Not wanting to sound jaded, but Chinese language contracts are the legal standard, everything else is just a promise. Sounds like they are not being open with you.
BUYER BEWARE
Then again, you might have a perfect time and they give you everything you asked, and haven't hidden any of the negative stuff either.
If you want to hear some gnarly tales about the "sounded good" opportunities in China, just surf Dave's cafe for a few minutes....
GOOD LUCK |
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fortunatekooky
Joined: 14 Apr 2011 Posts: 24 Location: China
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Posted: Fri Jul 06, 2012 4:27 pm Post subject: |
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Sorry if that sounds harsh.
Many people have good experiences here too, and without chinese language contracts. But I also know people that were screwed on their contract, so be careful. The standards for employment are not like they are in the west, sadly. |
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Opiate
Joined: 10 Aug 2011 Posts: 630 Location: Qingdao
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Posted: Fri Jul 06, 2012 5:14 pm Post subject: |
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I agree that the signed contract means little regardless of the language. What gets me is that they refuse to show a copy in Chinese and they certainly have it. Why the reluctance?
For those of you who have only signed English contracts....I am fairly sure if you asked for a Chinese copy they'd provide one. |
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Denim-Maniac
Joined: 31 Jan 2012 Posts: 1238
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Posted: Fri Jul 06, 2012 6:33 pm Post subject: |
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Opiate, you may be right, I never asked for a Chinese contract, simply because I cant read it, so dont need it.
It is good to be careful, but ultimately, you need to take a leap of faith at some stage, being too suspicious is a bad thing IMO. I took far too much forum advice on board many moons ago and it made the first 6 months of my first paid gig uncomfortable TBH. I didnt believe anything, double checked and questioned things time and time again, and probably didnt do myself too many favours and made my life more uncomfortable than it needed to be. |
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