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Q: How do you interpret this wording on the Contract?

Shining mentioned 'interpretation on the Contract' on 'tits' thread yesterday and here is my Q:

 

Contract state at 'Transportation Cost' part: 

 

''If party B is under the Contract for a period of one academic year, party A shall provide party B with one-way economy class air ticket when she/he is returning home at the expiration of the term of service.

When the one-academic-year Contract expires, party B will get 50% of international flight ticket allowance or 5000 RMB if the flight allowance is more than 5000 RMB when she/he doesn't return home and still works for party A for another academic year."

 

1. Party B completed the Contract on May 31st, 2017 and Contract wasn't renewed for another year.

2. Party B is returning home (in a month or so), but ticket hasn't been purchased yet!

One way economy ticket cost is approx. 7000 - 10 000 RMB.

3. Party B is seeking 5000 RMB for 'transportation cost'.

4. Party A didn't deposit anything yet for 'transportation cost'! 

 

How much money I am entitled to receive as 'transportation cost': 5000 RMB or half of purchased ticket?

 

 

1 week 10 hours ago in  Arts & Entertainment - China

 
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I have some really bad thoughts about some people's level of English on this forum! Some I know aren't NES - and that's fine.. but those who say they are, but are getting this wrong are just...WTF??

 

Paragraph 2 is TOTALLY CONDITIONAL of you signing for a second year. Since you didn't , it's completely irrelevant and should be ignored! Thus, no need to look for 5000RMB, or whether you return or not...

 

Paragraph 1, therefore, is the only one that matters! "If party B is under the Contract for a period of one academic year, party A shall provide party B with one-way economy class air ticket when she/he is returning home at the expiration of the term of service."

 

You get the full price of an economy ticket to return home (one way)... usually meaning as either a reimbursement or they buy it for you (go for option A - or they'll be tightarses, and find the cheapest, nastiest flights they can!!!) Given that no amount was set, nothing stopping you from getting a ticket worth 25000RMB (if it's economy, and flies you home).

Shining_brow:

However... expect to get screwed. Expect them to say that you don't understand, and that's not what it actually means! And that, of course, in the Chinese version, it says "Blah blah blah - foreigner is always wrong.. hahahaha....!".

6 days 8 hours ago
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dom87:

it doesn't even matter if all your english is correct, because I am pretty sure "the chinese version will prevail"

6 days 4 hours ago
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icnif77:

But, what if I don't/can't return to China? School doesn't want new Contract and I want to exit China for good. How will I show them a ticket?

Chinese rep at another School said 'they must give you 5k RMB ... !'.

5 days 21 hours ago
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seansarto:

Agreed...it s hard to see how the clauses are being misinterpreted...many of the posters here do not sound like NES. 

5 days 17 hours ago
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Shining_brow:

"it doesn't even matter if all your english is correct, because I am pretty sure "the chinese version will prevail""

 

This is true....

4 days 6 hours ago
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Shining_brow:

"But, what if I don't/can't return to China? School doesn't want new Contract and I want to exit China for good. How will I show them a ticket?"

 

Yep!! That's the plan! You can bet they'll be asking for the boarding pass!

 

You could show them the e-ticket... they probably won't accept it though. I suspect you'll need to be chatting with SAFEA again.

4 days 6 hours ago
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6 days 8 hours ago
 
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Learn English, Learn working in China. Just have them reword to plain English. Basically they're screwing you on the flight reimbursement. My contract clearly states the amount,  that it is given unconditionally and that's it. No BS

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1 week 6 hours ago
 
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ideal screwing up contract

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1 week 6 hours ago
 
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I read it as if you did the full time they fly you home up to 5000 or 1/2 the ticket what ever is less
If you didn't go home they will pay up to half of 5000 or half the ticket what ever is less .
In other words they want you to walk

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1 week 5 hours ago
 
Posts: 203

General

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Actually, it reads in the first paragraph they will pay for the full cost of the ticket if you return home after completion of a one-year contract so you should probably have them book it. Usually they have agencies that will get them reduced prices.

 

The second paragraph only applies if you are remaining in China after completion of a one-year contract, in which case you can get cash for half the price of a ticket, (if it is 4600, then you get 2300) up to 5000 rmb, (if it is 12,000, you only get 5000).

 

You said you were returning home but it sounds like you are staying in China. 

icnif77:

Yeah, I still try to secure new Contract, but in a month, I will go home either one-way or return if I get new sponsor. Everything is shady, 'cause nobody knows the new rules at employing laowai.

I am seeking 5000 RMB regardless ticket, but I didn't get anything yet, despite new recess started already. Call to SAFEA today!

6 days 14 hours ago
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seansarto:

In terms of the contract, I think they are being fair with you.

It clearly states a one-way ticket not round-trip. 

6 days 11 hours ago
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Shining_brow:

Actually SS, technically not correct what you wrote about the 2nd paragraph. I'm being pedantic, but we're talking contracts here.

 

It will be irrelevant if he's returning or not since he didn't sign a new agreement with the same school.

 

I'm sure you were thinking that as you wrote, but just thought I'd put it out there.

6 days 8 hours ago
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icnif77:

No misunderstandings!

Return flight is over 10k RMB and I am not seeking return flight refund. I want 5k RMB as Contract states. Nothing was deposited despite last working day was on May 31st. I received May's pay but without 5k RMB ticket bonus.

 

In real, I am sick of it. Whatever they'll give. Exit to HK in few days. Done with China!

 

I spoke last Saturday to an agent in Guiyang and I told her I have RP 'humanitarian-15-days-extension' with expiration in few days.

She said: 'Come to my office and we will extend your RP for another 30-days!'

This AM I traveled by bus some 3.5 hours one-way. Came to the office at lunch time and after lunch she looked at my passport, went to the phone for 10', came back and: 'PSB said they cannot extend 'humanitarian' RP extension.'

Travelled some 8h on bus today to find out I must exit China in 3 days. Like I didn't know that already.

Chinese act like they are mentally impaired ... I need break of China.

5 days 21 hours ago
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seansarto:

@ shining brow..5000rmb contingent on working for Party A and remaining in China

5 days 17 hours ago
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6 days 21 hours ago
 
Posts: 249

Minor Official

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It says, "you're a sucker for signing this".

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6 days 12 hours ago
 
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You got the job and yeah thats what some companies do, but I don't agree with Zethe, you are not a sucker, I followed your job move and you did what had to be done and got the job to keep the legal working permit visa going.

Zethe:

He got suckered.
How many years has he been here, and how many times has he had this kind of problem because of signing a contract without too much forethought? Sure, the daluren have twisted minds and low morals, but it's inexcusable to keep making the same mistakes without learning a lesson..

6 days 4 hours ago
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6 days 3 hours ago
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icnif77:

Clarity? I edited first Contract owner sent me, but she disregard that part and I forgot it, because I had to discuss different parts of the Contract. 

Then, she tried to make me sign 2 new versions of the Contract during the classes break (7') with excuse: 'Safea urged us to make new Contract dates ...'

I scan it fast and I spotted '3X 6k RMB salary during holidays (July, Aug. and Jan/Feb)' was missing ....

She had do add that part and I re-signed Contract in another 5' break. 

Here I was dealing with pure scumbags ....

How many mistakes can you spot? Wouldn't you get tired of BS and sign it like I did?

 

However, I spoke to SAFEA this PM and I asked her for help with 5k ticket bonus. Agent promised she will make them post 5k asap.

Now, scumbags know my RP runs out in 3 days. 

Tell me now, why they didn't deposit 5k on June 10th with May salary as I ask them? 

Is it 'cause I signed stupid Contract? Anyway, thanks for an advice Fred .....

5 days 21 hours ago
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6 days 11 hours ago
 
Posts: 1128

Governor

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what i read:

First paragraph:

They provide you with a ticket home, with following conditions:

 

Second paragraph:

option1: you stop working for them and want to fly home -> you get 50% of the ticket price, but you have to provide the ticket fapiao

 

option 2: you don't want to fly home and you still will work for them -> you get at most 5000 RMB, if they ticket would cost more than 10000 RMB

 

option 3: you stop working for them and don't want to fly home -> you get nothing

 

And of course just by contract, they could tell you the cheapest flight has 20 stops and takes 3 weeks but it is your choice to not take it and pay the extra costs.

 

they screwed you, but actually you screwed yourself by signing that

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6 days 10 hours ago
 
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I have some really bad thoughts about some people's level of English on this forum! Some I know aren't NES - and that's fine.. but those who say they are, but are getting this wrong are just...WTF??

 

Paragraph 2 is TOTALLY CONDITIONAL of you signing for a second year. Since you didn't , it's completely irrelevant and should be ignored! Thus, no need to look for 5000RMB, or whether you return or not...

 

Paragraph 1, therefore, is the only one that matters! "If party B is under the Contract for a period of one academic year, party A shall provide party B with one-way economy class air ticket when she/he is returning home at the expiration of the term of service."

 

You get the full price of an economy ticket to return home (one way)... usually meaning as either a reimbursement or they buy it for you (go for option A - or they'll be tightarses, and find the cheapest, nastiest flights they can!!!) Given that no amount was set, nothing stopping you from getting a ticket worth 25000RMB (if it's economy, and flies you home).

Shining_brow:

However... expect to get screwed. Expect them to say that you don't understand, and that's not what it actually means! And that, of course, in the Chinese version, it says "Blah blah blah - foreigner is always wrong.. hahahaha....!".

6 days 8 hours ago
Report Abuse

dom87:

it doesn't even matter if all your english is correct, because I am pretty sure "the chinese version will prevail"

6 days 4 hours ago
Report Abuse

icnif77:

But, what if I don't/can't return to China? School doesn't want new Contract and I want to exit China for good. How will I show them a ticket?

Chinese rep at another School said 'they must give you 5k RMB ... !'.

5 days 21 hours ago
Report Abuse

seansarto:

Agreed...it s hard to see how the clauses are being misinterpreted...many of the posters here do not sound like NES. 

5 days 17 hours ago
Report Abuse

Shining_brow:

"it doesn't even matter if all your english is correct, because I am pretty sure "the chinese version will prevail""

 

This is true....

4 days 6 hours ago
Report Abuse

Shining_brow:

"But, what if I don't/can't return to China? School doesn't want new Contract and I want to exit China for good. How will I show them a ticket?"

 

Yep!! That's the plan! You can bet they'll be asking for the boarding pass!

 

You could show them the e-ticket... they probably won't accept it though. I suspect you'll need to be chatting with SAFEA again.

4 days 6 hours ago
Report Abuse
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6 days 8 hours ago
 
Posts: 1123

Governor

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you signed a contract that u dont really understand....u think u should get nothing just for being stupid

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4 days 6 hours ago
 
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