Job Discussion Forums

[boomerexpat]

The contract is for a uni. 3 teachers I communicated with seem to be reasonably satisfied working there so it doesn't seem like a con game.

The contract is one I wouldn't sign in the US. It is long - 2756 words - but leaves too much wiggle room for them.

What I'm hoping you seasoned China hands can provide is a reality check of what a newbie teacher can expect.

I'm very experienced in the business world and years of training experience but this will be my first EFL gig. I went through the sticky and got ideas but don't know how they apply to a newbie in 2012.

They are party A and I'm party B. These are the issues that I need perspective on:
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�Party A shall provide Party B with necessary working and living conditions.�
(living conditions are spelled out but not working. Anything normally put in here?)

The contract appendix mentions 18 class hours per week but doesn�t mention total hours before overtime kicks in.
(I assume I can write in anything over 40 hours per week due to administrative requirements such as events and teaching hours over 18 that I agree to must be paid overtime. Correct?)

�Party A shall deploy fellow for Party B for coordination affairs�
(What does this usually mean? Seems too vague. Do you work in overtime pay here and note it has to be mutually agreed upon?)

�Without Party A�s consent, Party B shall not conduct any part-time job assigned by any other party.�
(Is this standard?)

Cancellation of the Contract. The contract can be cancelled with mutual consent.

(then they proceed to list ways one side can cancel.)

When either party fails to fulfill any part or all of the obligations as stipulated in this contract, that is, in the event of breach of the contract, the said party shall pay a breach penalty of US$800 to 3000 or equivalent to 3 to 10 times Party B�s monthly salary in RMB. If both parties consider it necessary to determine an exact sum of the breach penalty, or to determine a breach penalty higher or lower than the above �mentioned amount, it shall be explicated in the appendix of this contract.

(I don�t like the sound of this. I get the feeling they would be far more likely to get 20x my monthly salary than I would. With this in there, I could be fired after 2 months and they could claim 20x my monthly salary so I would be in the red for 18 x monthly salary and my flights. What is normal? Can you just say that each side can break the agreement with one month notice as suggested in the sticky?)

If consultation and mediation efforts fail, the two parties can apply to the organization of arbitration for Foreign Expert�s Affairs in the state Bureau of Foreign Experts for arbitration.

(I imagine this is standard. Correct? However, I can also imagine it is rigged in their favor. Correct? Is there a way to cover myself in here that is commonly done in revisions?)

Party B should work out a teaching plan for each course, prepare individual lesson plans for each class and deliver the highest quality teaching. As well, Party B will keep an attendance record, mark students� homework, provide timely feedback, and assess student�s results fairly.
(I don�t like terms like highest quality, timely and fairly. E.g., fairly could mean anything the head honcho or student wants. Fairly doesn't seem fair because it is too subjective.)

Party B is also expected to assist the Exit Tests organized by Party A.

(Seems like this is another thing that needs some comment about overtime. Correct or will I be viewed as a pain in the rear?)

Party B will take an active part in academic conferences organized by COLLEGE.
(Seems like this is another overtime issue. Correct or am I going too far and not seeming like a good employee in Chinese culture?)

If Party B leaves his or her teaching post without the notification to and the permission from Party A, Party B shall pay 20,000RMB to Party A for Party A�s loss caused by Party B.
(this seems to be above and beyond the up to 10+x the monthly salary mentioned earlier. also, nothing is built in to protect me like they abruptly end it then they pay me 20K. I would rather strike this.)

. To be responsible for all personal accidents beyond working time.
(Huh? Who, what? How about if something happens due to faulty wiring in the apartment or there is a leak and I slip?)

Airfare: 2,200RMB for a one-year contract and 1,100RMB.for a one-semester contract.
(seems rather small. $347? What is standard. Also, no airfare for heading to the school. Is it normal these days to be provided with airfare to the school to teach?)

(I liked in the sticky the idea of their providing a bed that meets western standards. I really can deal with furniture but I can't deal with the Asian beds that are rock hard and will have to buy my own or an expensive topper. Do I have to just suck up this expense since I'm a newbie or is it something that would be considered professional to put in there?)
+++++++++++++++++++++++++++++++++++++
Thanks for reading this far and for any tips.

PS. I just got the contract today. How long is normal to have to review it?

[Javelin of Radiance]

[boomerexpat]

[Javelin of Radiance]

I pointed out what a standard breach penalty is in a SAFEA contract. If you see a contract with something else then the solution is what I've already suggested. Negotiate a standard breach penalty or look for another job.

[boomerexpat]

[Miles Smiles]

I've seen that breach clause before at only one school. The school blatantly broke its contractual obligations but did not pay ANY of the penalty money. It was a registered SAFEA contract too. It was not on an addendum.

Is this contract from a 3 year college by any chance?

[boomerexpat]

[Denim-Maniac]

The contract is for a uni. 3 teachers I communicated with seem to be reasonably satisfied working there so it doesn't seem like a con game.

That is probably more important than the contract details IMO. If they sounded genuine, and the location, salary and everything else 'feels' OK, dont overthink, take that leap of faith (always needed) and dont try to find holes in every single clause in the contract, looking for problems that may not exist.

[Lobster]

Here we go again with the vaguest of the vague contracts. In my opinion, if it's not specific it's just crap and doesn't belong in a legal contract.

[boomerexpat]

Red, love the comments.

In general, I find these types of contracts were designed by lawyers or bureaucrats and that when you bring up reasonable changes, the exec in charge understands your points and works to get something that is fair.

When they won't do that and insist on one-sided language, it has always been a sign, in my experience, that a culture exists that doesn't include fairness. In that case, I've learned to just walk because bad things tend to happen.

[fortunatekooky]

Lobster makes a lot of good points, and you should take heed.

I think a contract breach of more than one month of pay is kind of ridiculous, but I haven't worked the unis here, so perhaps they are just draconian by nature. He is right, they could cook up any excuse as to how you failed because it isn't specified.

I have personally spurned several job offers because of these kind of poison pill clauses that they wouldn't back down from. I am so glad to not work for employers that won't reword a garbage contract.

It is up to you to be firm with prospective employers, and negotiate/delineate the parameters of the contract with them.

You have to speak up for yourself. Obviously there are more loopholes here than a wheel of swiss cheese.

Taking a leap of faith without insisting on changes is a big gamble. Good luck.

[fortunatekooky]

[Javelin of Radiance]

[Denim-Maniac]

Its not meant to be dangerous advice, but like anything on a forum, you can take it or leave it.

I just think you can over-think things, and anonymous people on forums tend to be over-critical on all the reasons why you shouldnt do something, rather than the reasons that you should. In your case, you have spoken to, or had contact with, 3 FT's at the employer in question. That would be the deal maker / breaker for me and carries a lot more weight than clauses in a contract do.

I have had contracts that had clauses that people here would probably suggest to be unacceptable. I didnt post them here for that reason, but I took a leap of faith (and trusted the word of other teachers) and things worked out just fine. Always have a back-up plan, but I do think the attitude and response from current employees is the best resource, and probably more useful than the advice on this forum (including mine )

[Miles Smiles]