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Q: Contract differences on arrival. Normal or not?
I have recently taken up a position at a public university. I signed a contract accepting the job for the purpose of obtaining the Z visa. I have been presented with another contract to sign which has some major differences over air fare and holiday pay. Can they legally change the contract terms and if not should I take it up with SAFEA?
11 years 22 weeks ago in Visa & Legalities - China
Do NOT put up with that shit! if you let them do that right at the start, you'll be in for a nightmare of a year.
Yes, take it up with safea and if that fails, stand your ground politely but firmly to insist on the original contract and if that fails, leave.
Ask for advice at SAFEA. Who are you working for? Are you in Hangzhou, Zhejiang? Is it Helen Group or they changed their name?
It is not normal, for sure! Ask them for higher salary and lower working hours, before you sign new Contract.
I consider all bonuses in the Contract as part of my salary. Free apartment, paid utilities, refund of return air ticket, and so on. If they want to deduct benefits, they must increase your salary.
A) take it up with SAFEA.
B) remember that they need you more than you need them!
C) let all hell break loose - DO NOT SIGN THE NEW CONTRACT!
D) as a guess, you've signed the first contract with an agent, and the other with the school. In that respect, yeah, it happens!
Shining_brow:
Oh, and LOUDLY publicise the name of the place on the internet :)
Do NOT put up with that shit! if you let them do that right at the start, you'll be in for a nightmare of a year.
Yes, take it up with safea and if that fails, stand your ground politely but firmly to insist on the original contract and if that fails, leave.
Normal? yup. Acceptable? nope! If you give in at the start you will be their whipping boy for the duration. Take a stand.
I agree with Miss A. Give them nothing at all, or they will take try to take everything. SAFEA will back you on the contract, if everything is in order.
Make sure you have done everything legitimately, such as not lying about qualifications and experience. Otherwise, you could find yourself working in Xinjiang, or some other God-forsaken place that nobody wants to go to.
Thanks for all your replies.
The first contract was sent by the university not an agent. they gave me a preview of the new contract yesterday. I should be invited to sign after the holiday (dragon boat).
My qualifications and experience are correct and I have a reference and release from my previous university so I believe everything is in order.
I will update you on the outcome.
Traveler:
Do you have a copy of the old contract signed by you and the university, with their stamp on it? Do you have you have your Z Visa or Residency Permit from the new university?
Yes, please keep us informed !!! The others are right though; if you let them beat you once they will do it every chance you give them. Sometimes I think they feel we are little more than Chinese wives. Every time I go head to head with my school or agency I just remind them I am an American (not Chinese)and that I have enough money to go home anytime I want to.
I came here to teach English, see China, relax and make a little money. I have never had trouble finding a job in American and usually made at least 4 x my salary here so putting up with a bunch of shit was never going to be a part of the deal. This is a country with very little internal consumption, and 1.4 billion people that need jobs and/or food. The way they act like the rest of the world needs them more than they need the rest of the world is delusional.
They are trying to negotiate from a VERY weak position, so long as you are legal and above board you hold all the aces. Now you could play hard ball and insist you get 100% of what's on the contract and if you hold out you will get it, however come renewal time that will be remembered, (not that you should allow that to bother you), IF you like the place / people you might perhaps consider allowing a minor item slip, perhaps in exchange for better facilities or more holidays or a better apartment or paid utilities, that way they get something they want, you get something perhaps you want and everyone is happy.
If of course they are just being a**hats play hardball stick to the contract and start looking around for a better place, when you've found one, tell them why you're leaving, (do so AFTER you've got your release letter though.
They can't do that. You need to do something about this. It looks like they are trying to take advantage of you. Do what you need to do with SAFEA because something fishy is going on here. He he he I said: 'fishy'! (
!
)Sorry I have no opinion on this I've just bumped it to get rid of Silva's inane multi-drivel from the front page.
Well all's well that ends well. After I had received the new contract, I gave the school a letter, couched in diplomatic terms, stating the differences between the old and the new contracts and offering discussion at a suitable time. Last week I was called in and informed that the director of the university had agreed with all my points bar one, which was the return air ticket, ticket not cash. I accepted this amendment and we have signed on that basis.
So I believe everyone has come out of it with something.
Thanks to everyone who offered constructive advice.
Rin:
I'm not really sure but is it normal to not get air ticket money? I'm not sure I'd be happy with that as I never use the ticket money to go home. I use it for traveling around China. I'm glad you got the other points cleared up!
brasidas:
I think Safea regulations state they have to provide a return air ticket, which I accepted. Most place give a fixed amount in cash. The original contract stated a fixed amount but I compromised so everyone has something.
icnif77:
I am not sure about 'SAFEA regulations on return ticket refund'. I signed Public School Contract in April 2013 with all perks, but 'refund' of any kind of ticket in China or abroad.
If that would be 'SAFEA regulation', my School would certainly include it in the Contract.
