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Lack
Joined: 10 Aug 2011
Posts: 252
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 Posted: Thu Jan 10, 2013 3:21 am Post subject: Job offer - contract review? |
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It seems like there was a particular thread to post contracts for review, but I couldn't find it. Anyway, I have one job offer so far and did an interview, being offered the job, contingent upon signing the contract. This is the first contract I have ever gotten, so I thought it would be prudent to post it here. Some things concern me.
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1. Both parties, in line with the principles of legality, fairness, equality, mutual agreement, honesty, and trustworthiness, on voluntary basis, and in a spirit of friendly cooperation, agree to sign this Employment Contract(hereinafter referred to as the �Contract�) and pledge to fulfill conscientiously all the obligations stipulated hereinafter.
2. Title of Position：
The Title of the Employee is � ESL Foreign Teacher �
3. Employment Contract Period：
The contract is for a full-time employment, commencing from March 6, 2013_ until March 5, 2014, including the probation period of 60 days from _March 6, 2013_ until May 6, 2013_. The Employer reserves the right to assign the Employee to any of the Employer�s offices or schools in Guizhou. If so, the Employer will offer housing and travel allowance.
4. Duties：
The duties to be performed by the Employee include
4.1. Doing/Participating orientation and on-job training;
4.2. Carrying out the timetable of classes assigned by the DOS or the Director of Foreign Teachers� Affairs;
4.3. Giving lessons to the highest standards of English language teaching;
4.4. Beginning and ending classes on time;
4.5. Preparing lessons and equipment in advance for all classes;
4.6. Substituting for absent colleagues, perhaps at short notice;
4.7. Being responsible for students� progress;
4.8. Meeting regularly with the DOS to communicate all relevant information;
4.9. Assisting in the replacement testing and interviewing of new students;
4.10. Carrying out teaching related responsibilities including, but not limited to demonstration classes, conversation clubs, tutorials, seminars and presentations;
4.11. Participating in and organize the school�s social programs and events;
4.12. Being familiar with the administrative procedures employed by the school.
4.13. Other tasks assigned upon mutual agreement either by the branch school or by the Teaching & Research Department from the Head Office.
4.14. Duties mentioned in articles 4.8. through 4.11. will be conducted during office hours.
5. Employee�s Obligation
5.1. Statements made in the Employee�s curriculum vitae, resume and references together with any other documentation submitted to the Employer in support of the Employee�s application for employment are true and not misleading in any way.
5.2. The Employee is entitled to apply for a working visa through the Employer.
5.3. The Employee is of sound mind and in a good physical condition.
5.4. The Employee shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal affairs. Failure to observe these laws is grounds for immediate dismissal. The Employee is responsible for any and all legal fees or penalties due to employee misconduct.
5.5. The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts outlined in the �Foreign Employee Handbook� and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/her work.
5.6. The Employee shall respect China�s religious policy, and shall not conduct religious activities incompatible with the status of an expert. Failure to observe this policy is grounds for immediate dismissal.
5.7. The Employee shall respect the Chinese people�s moral standards and customs.
5.8. The Employee shall not be engaged in any other professional, commercial or educational services without the Employer�s written permission. Failure to observe this policy is grounds for immediate dismissal.
5.9. The Employee must not harm the image of the Employer of fellow workers by his/her conduct.
5.10. On the basis of the agreement between the two parties, the Employer may appoint the Employee to work in his franchisee schools.
6. Working Days and Workload:
6.1. The Employee will be required to work five days a week from Wednesday to Sunday. The Employee may be required to work 6 days a week in the peak seasons (July through August and January through February).
6.2. A workload of 23 class hours assigned by the Employer must be completed each week by the Employee, 78.3 RMB/class hour( 75.3 RMB/class hour in probation), with one class hour being 40-60 minutes. Travel time and between class time is not paid. The Employee will have 2 consecutive days off a week, with the exception of holiday make up classes and during the peak seasons. If the Employer has an emergency situation they can schedule the Employee to work on a day off with consent of the Employee.
6.3. Up to 15 hours of office time/meetings assigned by the director of the teaching and research centre or the Employee�s director shall be completed each week. This time is not paid.
6.4. The Employee will complete an after class report for each class they teach in the booklet provided by the DOS, these booklets must remain in the possession of the school where the class is held. These booklets must be kept up to date and will be examined on a monthly basis (on the cut-off day of each month). 100RMB will be deducted from the salary for each booklet that is incomplete.
7. Remuneration:
The Employee�s remuneration will consist of the following:：
7.1. A basic monthly salary of RMB 7500 for the first two months (probation period), which is due and payable on the first Thursday after the working month, not in advance. However, this day could be rescheduled with permission of the Employee if it occurs during vacation or holidays. (The attendance record will be tracked from the last cut-off day the cut-off day of the previous month.)
7.2. Salary review will be made after two months� probation. The Employer reserves the right to extend the probation period if the Employee�s performance is under expectation. After probation, the employee�s salary will be adjusted to RMB 7800.
7.3. The calculation of the first two week�s wages upon the employee�s arrival is based on the actual class hours the Employee teaches. Demonstration classes are not paid.
7.4. The payment will be counted by actual class hours completed if the Employee(for reasons of his/her own) fails to complete the appointed workload as in 6.2..
7.5. If the Employer assigns a workload that exceeds the workload provided in 6.2., the extra payment will be 100 RMB/class hour. Overtime payment is counted by week and will be included in the monthly salary. Overtime is only calculated according to regularly scheduled classes, if the classes are rescheduled due to sickness, personal affairs leave, absence without leave or vacations, there shall be no overtime payment.
7.6. A performance evaluation bonus of 3600RMB will be awarded to the Employee when the Employee completes a one-year contract successfully. These funds will be held until the last day of the teacher�s contract and awarded to the teacher, with additions or subtractions, according to a performance evaluation.
7.7. The salary will be paid monthly in RMB.
7.8. The office time/meetings stated in 6.4. is not paid.
7.9. A yearly allowance of US$1000 for travel expenses is provided by the Employer in RMB according to the current exchange rate after the successful completion of the contract term. This payment is to be made on the final day of this contract, or every year on the anniversary of signing this contract in the case of contracts exceeding one year in duration.
7.10. The performance evaluation bonus stipulated in 7.6. will be issued with the final pay.
8. Taxes
The basic salary as referred to in section titled �Remuneration� is before tax, the Employee is therefore responsible for the payment of local taxes in China and in his/her country if applicable. However, according to the laws in P.R.C., the Employer deducts the income tax from the salary of the Employee every month.
9. Insurance:
The Employer shall buy the group life accident insurance and group hospitalization medical insurance are provided by the employer to the employed party during the employment term.
10. Visa:
10.1. Based on the presence of legal documents (passport, educational certificates, teaching certificates, health report, overseas people temporary residence record, photos etc.), the director of Foreign Teachers� Affairs will assist and take care of the residence permit application process along with the Employee on his/her day off.
10.2. The Employer will be only responsible for the cost of health check in Guiyang Entry-Exit Inspection and Quarantine Bureau, residence permit.
11. Housing：
The Employer shall provide the Employee necessary working and living conditions by providing an apartment with furniture, bed, washing machine, television, refrigerator, bathroom, and kitchen. If the Employee wishes to reside in another residence the Employee must pay the rent himself/herself, the Employer will provide 700 RMB per month for housing. Utilities: including water, power, gas, security, phone, television, and the Internet, shall be paid by the Employee. The Employee is responsible for the items in the apartment; and the cost for repairing, or replacing, the apartment or the items therein shall be paid by the Employee. The Employee is not responsible for defective items, depreciation, or standard wear and tear. If the repairing or replacing occurs due to human error, the Employee will be fully responsible.
12. Holidays and Vacation：
12.1.The Employee is entitled to the following vacation periods in China: The Spring Festival, the International Labor Day, The Chinese National Day. (Totally 27 days). To facilitate these holidays, up to 9 work days can be rescheduled according the practical situation of the branch school where the Employee teaches. The overtime due to the reschedule classes shall be no overtime payment.
12.2. In addition, the Employee will be entitled to a 1-day paid holiday for Christmas and 1-day paid holiday for his/her birthday if the Employee�s birthday falls on a work day.
13. Work Attendance and Requirement：
In all instances, in regards to this agreement, unless otherwise stated, the Employer is represented by the Headmaster of TT English School, who is responsible for the enactment of and adherence to this agreement. The Headmaster of TT English school will consider or act on the advice and information provided by the employee�s supervisor.
13.1. A certificate from a hospital approved for the treatment of foreigners (ShengYi Hospital or GuiYi Hospital) should be presented to the Employer when the Employee asks for sick leave. The Employee shall inform the Employer of the leave at least 3 hours before class time, this contact must consist of a direct, or telephone, conversation with the employee�s supervisor. Otherwise it shall be considered �absence from work without the Employer�s permission� (see 13.3). The Employee�s monthly salary will be deducted according to the actual class hours missed. If the Employee cannot resume normal work after a continuous 40 (or accumulative 80) class-hours sick leave the Employer has the right to terminate the contract with a written notice. In this case the Employer has the right to investigate the liability of the Employee for violation of the contract. In the case of sudden illness a certificate from a doctor should be presented on the day the Employee returns to work, if no such certificate is presented the class hours missed shall be considered �absence from work without the Employer�s permission� (see 13.3.)
13.2. Private affairs leave of the Employee must be approved by the Employer. The Employee�s monthly salary will be deducted according to the actual class hours missed. If the Employee cannot resume normal work after a continuous 40 (or accumulative 80) class-hours leave. The Employer has the right to terminate the contract with a written notice, and investigate the liability of the Employee for violation of the contract. The Employee shall inform the Employer of the leave at least 90 minutes before class time, this contact must consist of a direct, or telephone, conversation with the employee�s supervisor. Otherwise it shall be considered �absence from work without the Employer�s permission� (see 13.3.)
13.3. In case of absence from work without the Employer�s permission, 5 class-hours� salary will be deducted for each class hour absent. An accumulative 5 class hours absence will be considered a serious matter. In that case the Employer has the right to terminate the contract with a written notice and investigate the liability of the Employee for violation of the contract.
13.4. The Employee shall adhere to the schedule supplied by the Employer; the Employer will present the employee with their schedule every Wednesday. If no new schedule, or schedule amendment is presented, the Employee will adhere to the previous week�s schedule. If the Employee fails to attend work on time, 20 RMB will be deducted from the monthly salary for every 5 minutes of being late, less than 5 minutes late will be regarded as 5 minutes as well. Being late for over 15 minutes will be considered as one class hour absence. If the Employee is late on more than 10 occasions, the Employer has the right to terminate the contract with a written notice and investigate the liability of the Employee for violation of the contract.
13.5. The Employer has a zero tolerance policy for drug and alcohol abuse. If the employee is found to be under the influence of intoxicating substances during the work time the employee will be sent home and missed class hours will be considered absence without leave (The determination of whether an employee is under the influence of drugs or alcohol shall be made by the Headmaster or Principle of the relevant branch school or TT English School Executive management). One class hour missed due to this reason will be considered a serious offence and the Employer has the right to terminate the contract with a written notice and investigate the liability of the Employee for violation of the contract.
14. Revision, Cancellation and Termination of the Contract
14.1. Both Parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
14.2. The contract can be revised, canceled, or terminated with mutual consent. Before both parties have reached an agreement, the contract shall be strictly observed.
14.3. The probation period of the Employee shall be 60 days. During this time, if the Employee is proved to be unfit for the assignment specified in the contract for reasons of health or professional ability, the Employer has the right to terminate the contract at any time during the probation period without violating this contract. After the probation period the Employee still must guarantee the quality of classes according to the FTPEP.
14.4. If the Employee fails to obtain a work visa for reasons due to health problems or qualification. This contract shall be terminated automatically. Neither of the two parties shall be charged with violation of the contract.
14.5. If the Employee acquires a work visa under false documents. The Employee is responsible for any and all legal fees or penalties due to employee misconduct. The Employer has the right to terminate the contract and investigate the liability of the Employee for violation of the contract.
14.6. If the Employee does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the Employer has pointed it out the Employer has the right to terminate the contract with a written notice to the Employee. This written notice shall be provided 15 days prior to termination of the contract.
14.7. The Employee has the right to terminate the contract with a written notice to the Employer 30 days before the termination is to take place under the following conditions:
14.7.1. The Employer has not provided the Employee with necessary working and living conditions as stipulated in the contract and has failed to amend the problem after 15 days. The employee must notify the Employer of the problem in a written notice.
14.7.2. The Employer has not paid the Employee as scheduled. If the Employer wishes to change the payment schedule the employee must agree in a written notice.
14.8. If the Employee asks to cancel the contract due to events beyond control, it should provide certifications by the department concerned. If the Employer approves the request, the contract shall be terminated and the Employee shall not be charged with violation of the contract.
14.9. This contract is to be regarded as confidential, disclosure of the details of this contract to third parties is not permitted. Disclosure of details of this contract by the Employee shall be considered a violation of the contract. In that case the Employer has the right to terminate the contract and investigate the liability of the Employee for violation of the contract.
15. Image Copyright：
The Employee grants to the Employer his/her image copyright on a willingly basis for the advertising activities held by the Employer, including but not exclusively for the following activities: printed advertisement materials, product promotion materials, promotional brochures and promotional visual clips etc.
16. Breach Penalty：
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US$ 1000. If the employed party is the one who breaks the contract, this money shall be deducted from his/her salary and the outstanding amount paid in RMB to the employer.
17. General：
17.1. This contract takes effect on the date it�s signed by both parties. And should there be any terms that have not been stated in this contract. The two parties shall negotiate on them afterwards and agree in writing. The contract abates at the end of the valid period. If either of the two parties asks for a new contract, it shall forward its request to another party 30 days prior to the expiration date, and sign the new contract with mutual consent.
17.2. The employed party shall bear all expenses incurred when staying on after the contract expires.
18. Arbitration：
The two parties shall try their best to negotiate or mediate any disputes about the contract. If all attempts fail, the two parties can appeal to state organizations of arbitration and ask for a final arbitration.
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I don't like the prospect of having to be shuttled around to teach at different branches. At least they provide travel though.
So far, the things that concern me the most are unpaid office hours and the fines. The airfare is $1000 at the end of contract, which if fired, I would never see. The salary is 7500 RMB a month plus bonuses that accrue monthly. 300 RMB month bonuses for...popularity/performance essentially. I wouldn't mind letting that go in order to negotiate some things that I do want.
Any major red flags here and what is a good way to negotiate? This is my first job offer and the city it is in sounds great. I could get another job offer, but this one looks good if only these few things could be changed in the contract. |
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Javelin of Radiance
Joined: 01 Jul 2009
Posts: 1187
Location: The West
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| Posted: Thu Jan 10, 2013 3:39 am Post subject: |
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| It would be more helpful if you took out the 98% of that contract that doesn't concern you so that readers could find the parts that do bother you more easily. how about it? |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Thu Jan 10, 2013 4:29 am Post subject: |
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4.10. Carrying out teaching related responsibilities including, but not limited to demonstration classes, conversation clubs, tutorials, seminars and presentations;
HOW MANY? PAID? PRESENTATION=DANCING AT THE KFC?
4.11. Participating in and organize the school�s social programs and events;
ORGANIZING TAKES TIME.
4.13. Other tasks assigned upon mutual agreement either by the branch school or by the Teaching & Research Department from the Head Office.
SUCH AS?
6.2. A workload of 23 class hours assigned by the Employer must be completed each week by the Employee, 78.3 RMB/class hour( 75.3 RMB/class hour in probation), with one class hour being 40-60 minutes. Travel time and between class time is not paid.
HOW MUCH TRAVEL TIME? HOW MANY SCHOOLS? WHAT SCHEDULE?
6.3. Up to 15 hours of office time/meetings assigned by the director of the teaching and research centre or the Employee�s director shall be completed each week. This time is not paid.
15 HOURS UNPAID? TOTAL LOAD = 40 HOURS
7.3. The calculation of the first two week�s wages upon the employee�s arrival is based on the actual class hours the Employee teaches. Demonstration classes are not paid.
DEMO CLASSES? DOES ACTUAL HIRING DEPEND ON DEMO CLASSES?
HOW MANY DEMO CLASSES FOR RECRUITING STUDENTS EACH WEEK?
7.8. The office time/meetings stated in 6.4. is not paid.
7.9. A yearly allowance of US$1000 for travel expenses
6300 RMB (OR LESS) THIS IS FOR DOMESTIC FLIGHTS? ASK FOR 10K |
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rogerwilco
Joined: 10 Jun 2010
Posts: 1549
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| Posted: Thu Jan 10, 2013 8:47 am Post subject: |
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40 hours a week, including the office hours = 160 hours a month
7500RMB a month/160 hours = 47RMB an hour
The typical airfare reimbursement is now about 10,000RMB
In my opinion, this is a not a good offer.
If you have to travel between schools you might be looking at 50 or 60 hours a week. |
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kungfuman
Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho
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| Posted: Thu Jan 10, 2013 9:11 am Post subject: |
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| Quote: |
6.2. A workload of 23 class hours assigned by the Employer must be completed each week by the Employee, 78.3 RMB/class hour( 75.3 RMB/class hour in probation), with one class hour being 40-60 minutes. Travel time and between class time is not paid. The Employee will have 2 consecutive days off a week, with the exception of holiday make up classes and during the peak seasons. If the Employer has an emergency situation they can schedule the Employee to work on a day off with consent of the Employee.
6.3. Up to 15 hours of office time/meetings assigned by the director of the teaching and research centre or the Employee�s director shall be completed each week. This time is not paid. |
dealbreaker. |
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Lack
Joined: 10 Aug 2011
Posts: 252
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| Posted: Thu Jan 10, 2013 6:16 pm Post subject: |
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OK, so how would I negotiate some things without making them turn me down? (I do have plenty of other prospective job offers now, so it isn't the biggest problem.)
Perhaps ask them if I could sacrifice the 300 monthly bonus in exchange for putting a statement in the contract that I would not have to work more than 40 hours a week (paid and unpaid)? I wouldn't mind a little unpaid work since it would be on salary anyway. Or a de facto salary. 7500 rmb a month for 40 hours total is not bad. It's better than my last job here in the states. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Fri Jan 11, 2013 11:33 am Post subject: |
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| Lack wrote: |
| 7500 rmb a month for 40 hours total is not bad. |
it's bad. it's very bad. factor in the 2-3 months paid vacation, and your
typical uni job will pay that for 16 hours a week or less. |
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DosEquisX
Joined: 09 Dec 2010
Posts: 361
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| Posted: Tue Jan 15, 2013 9:39 am Post subject: |
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700 RMB housing allowance? You also have to pay all utilities even if you live on campus.
That can't be real. Should be minimum 1500 RMB if you are not living in a major city. Try to get 2000 if you are in Beijing/Shanghai/Guangzhou.
Horrible contract. Run. |
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Jamason
Joined: 03 Dec 2012
Posts: 22
Location: Melbourne
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| Posted: Tue Jan 15, 2013 2:38 pm Post subject: |
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| This is a terrible contract. Please look elsewhere! |
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