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Q: China Law Blog: "Do NOT teach English in China"

The China Law Blog is not normally this blunt, but it is urging people not to teach English in China, citing drug tests, visa issues, and non-payment as among the key reasons. 

 

https://www.chinalawblog.com/2019/06/do-not-teach-english-in-china-and-why-everyone-should-read-this.html

4 weeks 4 days ago in  Teaching & Learning - China

 
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icnif77 said something that is the same all over the world. Money matters more than Law. The cost of a law firm could be higher than your return. And even if you did win, can you get the other guy to pay? Not likely because you probably were conned into your position not knowing your visa isn't the proper one. Then you have to exit the country, again due to visa constraints. Or maybe the Work permit is actually a forgery. (done by your employer, not you). In any case regarding law. Law is only enforced in this country when it benifits certain people. The schools have been catching on to this for the past  4 or 5 years now. So, for the school, and/or the recruiter, ripping you off is a win-win situation.

 

To further your problem; just take a look at your contract. It is so ambigious that a judge would just throw it out as a worthless piece if paper. You lose again before you even started. That is if you are legally working. ie: from the right country, have a noterized degree, etc.

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4 weeks 4 days ago
 
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Calling SAFEA worked for me since 2009 and schools almost always complied with contract rights after my complain to SAFEA.

 

Was speaking to a lawyer in 2017, and he didn't want to get involved into the Contract problems (no payment) with my school in Guizhou. School just refused to pay 6000 RMB flight ticket at the completion of the contract.

Lawyer's advice was ''our fee is much much higher than what you want to retrieve from the School.''

In other words, no lawyer in China will help you to enforce Contract rights.

SAFEA (Foreign Expert Bureau) is/was the number to dial ...

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4 weeks 4 days ago
 
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The article just seems to be common sense.

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4 weeks 4 days ago
 
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icnif77 said something that is the same all over the world. Money matters more than Law. The cost of a law firm could be higher than your return. And even if you did win, can you get the other guy to pay? Not likely because you probably were conned into your position not knowing your visa isn't the proper one. Then you have to exit the country, again due to visa constraints. Or maybe the Work permit is actually a forgery. (done by your employer, not you). In any case regarding law. Law is only enforced in this country when it benifits certain people. The schools have been catching on to this for the past  4 or 5 years now. So, for the school, and/or the recruiter, ripping you off is a win-win situation.

 

To further your problem; just take a look at your contract. It is so ambigious that a judge would just throw it out as a worthless piece if paper. You lose again before you even started. That is if you are legally working. ie: from the right country, have a noterized degree, etc.

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4 weeks 4 days ago
 
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I've been here for ten years, and I've never had a serious problem with my schools. I have been paid late (never more than two or three days) a few times, but that's it. I had one school back out of a contract renewal at the last minute -- but as the contract was never signed, there was (in a legal sense) no breech (also, the school's change of heart was instigated by another foreigner teaching at the same scool). Conversely, I have not violated my contracts with my schools, so they have not had any serious complaints about me, either.

 

I don't see drug tests as an issue since they aren't a secret, and they aren't uncommon in the US and elsewhere, and visa rules may not be evenly enforced, but they are pretty clear.

 

People thinking about teaching in China, though, should be careful about accepting shady offers, and should research the schools they are considering, visa regulations, and acceptable standards of behavior in China. 

 

I may think of China as my home, but I am, as a matter of law, a guest in this country, and I don't have any special immunities just because I am a Foreign Expert (I do have a few priveleges -- but since I'm special, I probably deserve them!). 

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4 weeks 4 days ago
 
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I think its always a gamble to take any teaching job in China. It's mostly a gamble you will win but it's still a gamble. I have never had any problems at all but I know personally people who have. From what I see most of the time its the teacher being an asshole or not profitable for the school (justified or not) and the employer just cutting ties with them in legal and illegal ways. And if the school really wants you they will do anything in their power to keep you. I've seen that too. I know a guy here who got a new car from school. They put it in his name and everything just so he would stay at the school. It was just a cheap Chinese car...30k or 40k rmb but a car none the less.

 

Like most job around the world though it depends on the bosses and owners and how well you do your job and how much they need you. If all these stars align, you will be all set and treated like a king.

 

 

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4 weeks 3 days ago
 
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This is a bit of scare-mongering in someways, and common sense in others. Look, China has strong laws on drugs and looks for any way to make foreigners look bad. Just don't do them in China. It's pretty simple, and for as long as there is tension between China and the 'West' they'll pick on anyone that they think is an easy target.

For the rest - be prepared. Do your homework on potential schools, see if you can find teachers already there who know about, check their profiles. The big ones won't mess you around (too much) if you're a good teacher. But if you go and work for some small English school on a street corner that tells you they don't need this or that to get you a visa, or promise to change visa's on arrival - don't go there. Again, it's that simple. If you have all the current legal requirements to get a valid Foreigners Work Permit as an English Teacher, you shouldn't accept not getting one. Learn to walk away. There is a HUGE market for English Teachers, if you're valid you can pick and chose, so do so. If you can't get a valid work permit as you don't have the necessary qualifications or certifications, just don't come.Sorry to put it bluntly, but you WILL be illegally employed and WILL suffer contract violations and potential removal. It's realy not worth it anymore to be in the shady schools. 

I can't tell you the number of times that teachers have argued against my advice as "This is China, Laws can be avoided, blah blah blah" Yes, they can... but not by YOU, because This may be China, but YOU'RE not Chinese. You legality is YOUR responsibility, the Chinese school couldn't care less, because they won't be deported, YOU will be.

One last thing. Perhaps we should all realise we're all here not as competition to each other but competition to the Chinese. A few weeks back someone complained about non-payment of holiday and flight reimbursement. Yet refused to name the school. If you get screwed over, let people know. If you're getting deported, let people know. Chinese schools are becoming worse and worse because they have to pay more and more for us, yet without us, they have no business. But as long as the bad schools continue to get new blood they'll continue to screw the unwary.

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4 weeks 2 days ago
 
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China has always had its issues with crappy schools that disregard contracts and don't pay, visa issues, police doing random drug testing in places like Sanlitun...and so much more. That's China.

 

You do your due diligence when applying for jobs, stay away from the drug scene if you're worried about being tested and basically buckle up for the ride and make the most of your China experience. It would be no fun if it was the same as being at home.

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3 weeks 5 days ago
 
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