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Posts: 1

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Q: employment contract copy

i have just started working with an new training centre and they gave me a blank safea employment contract  then asked me to sign it and fill in the blanks then they said we will give you a copy sealed with red stamp but 2 weeks has passed still havent given my copy of the employment contract how can i ask them to give me a copy of the signed contract in an polite manner and are the contracts legally binding or not.

10 years 6 weeks ago in  Teaching & Learning - China

 
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Posts: 298

Governor

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First and foremost, all should be set before you even start working, not somewhere in-between. You cannot work before you have signed your contract (among MANY other things).

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10 years 6 weeks ago
 
Posts: 4421

Emperor

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They might be waiting to finish all legal and visa matters first and after all is said and done you'll get the contract back.. It can take 1 to 2 months to finish this process..

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10 years 6 weeks ago
 
Posts: 141

Governor

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You don't have to sign any contract they give you in China. I always make my own additions and deletions to avoid all the unclear issues that they deliberate put in the vaguest of terms. I cut an pasted the below from www.chinaforeignteachersunion.com There's a whole lot of other stuff there about contracts and a free legal guide for China that you can get on a pdf download. Another hood idea is to save all your emails and print out any that promise you benefits and add them to your contract as "Exhibit A" etc.

"The teacher shall be provided an invitation letter at no charge by the school/employer at least 15 days to their arrival date in China"

"Within 72 hours of termination, for whatever reason(Drunk, the principal of the school shall provide two original, signed, and sealed release letters free of charge to the teacher. Failure to do so shall incur a fine/penalty of 20,000 yuan upon the school/principal by default and shall immediately become due and payable upon infraction/violation."

"Any proposed changes to the teacher's work schedule must be made in writing via email to the teacher at least one week in advance of the proposed changes, and the teacher may accept or decline proposed changes within 24 hours of receipt of same notice without penalty."

"Assigned hours of work shall be from ____:00 am to ____:00pm from ______day to ______ with days off being the two consecutive days of ________day and ________day. If asked to work on these days off, the teacher shall be paid at the rate of _______yuan per hours spent on the school premises, not just actual class time."

"Any and all images of the teacher may not be used online nor in any poster, brochure, advertising, newspaper, magazine, nor newsletter, without the express written permission of the teacher, and violation of same shall incur a fine/penalty of 20,000 yuan upon the school/principal by default per incident."

"The teacher is not required to participate in any marketing and/or sales activity organized by the school nor any other organization and if asked to do so may decline or accept based upon a negotiated special compensation for said activities."

"The teacher is not required to work on any National Chinese holiday nor on the following foreign holidays (list)."

"The teacher will not be asked to make any purchase or expenditures from their own personal funds for any supplies or school activity(ies)."

"The teacher shall not be asked to perform any task nor assignment that is not specified in their written job description attached hereto as "Exhibit A".

"The teacher shall never be asked nor required to make any false statement nor representation about any school, company, service, nor product."

"The teacher will work only on the school premises and if needed to participate in any activity not on the school premises the school will provide full round-trip taxi or air fare in advance and not ask the teacher to take a bus nor a train."

"The teacher retains any all IP rights to any lesson plan and/or PPTs created by the teacher and same cannot be used without the teacher's express written consent. Violation of this clause shall result in an automatic penalty/fine of 20,000 yuan per documented incident."

"If the teacher is not paid in full for services rendered on the normal designated pay day nor within 24 hours of same, the teacher may, at their sole discretion, exit their contractual obligations without penalty nor further obligations."

royceH:

Bloody hell, you're thorough!

Had a previous bad experience?

 

10 years 6 weeks ago
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Iron_Monkey:

Ridiculous.

10 years 6 weeks ago
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ironman510:

I'm starting to think and feel Grumpy is a headache to have in China..

10 years 6 weeks ago
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10 years 6 weeks ago
 
Posts: 125

Governor

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Listen Iron Monkey if you were on the short end of the stick, you'd change your tune in a New York second.  Read this...  http://open.salon.com/blog/china_business_central/2012/12/16/china_scam_...

Iron_Monkey:

I have been on the short end of the stick.

 

It's ridiculous because that's exactly what it is.  Find me one teacher who successfully got employed with all those clauses in their contract.  I don't do ESL, but I do hire, and I'd never ever hire any candidate, no matter how good, if they wanted to have so many ridiculous clauses put into their contract.  They're not worth the trouble, in fact, I'd have to hire one more person just to supervise the damn person at all times to make sure we don't breach their contract and have to cough up 20,000 RMB. A huge liability, no thanks.

10 years 6 weeks ago
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10 years 6 weeks ago
 
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change student visa to labourer one is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77