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Q: Does your contract need to be under the same name as the company who provides your visa?
Recently I talked to a High School in Baotou, Inner Mongolia.
I was just searching out extra options (a plan D) and thought their offer was pretty good.
20 classes a week, no office hours, 15k a month and free housing. Seemed pretty good for a smaller city of China.
Then when I looked at their contract, it said the following company name at the top as Party A:
Australian International Education Program Management Center
Further down on the contract it says this;
Important Clause: On behalf of Baotou No.4 High School , Party A signed the labor contract with Party B. Party A and Party B, after a friendly consultation, agree to sign this Contract of Employment (hereinafter referred to as “the Contract”) and pledge to fulfill all the obligations stipulated hereinafter.
I asked them who my FEC and RP will be transferred under, and they told me it would be under the middle school, but my contract is under management of the company.
I may have burned a bridge for saying this, but I told them, "I must respectfully decline your offer because my contract should be under the same name of the company that provides my FEC, WP, and RP."
Was I correct? Is this even legal?
7 years 48 weeks ago in Visa & Legalities - China
In short, yes the visa needs to match the company name and most important the address needs to match.
You could instead tell them, SAFEA won't accept Contract at new WP/FEC application, and they should dial Gov. and ask about it.
I don't know about it, 'cause everything is written in Chinese. Even FEC, but I know, you can legally work only at School written on FEC (in Chinese).
I would sign their Contract, and see where is it going to take you. Ask to see their 'laowai hire cert', too.
Look at their Contract carefully, especially at the term 'hours' or 'classes'. Ask about minutes length at term 'classes'. Their 'classes' might be 60' long.
Salary is high for only 20 classes x 45', IMO.
Maybe you can dial Baotou SAFEA and ask about such Contract, i.e. show the Contract to the Gov.
You might be wrong with decline conditions. In 2010, I had Contract and Z sponsored by the placement agency (Helen, Hangzhou), and when I arrived to China, I was dispatched to School in Liaoning, where I got FEC and RP.
Helen had 'laowai hire cert.' and Contracts with Schools around China to place FTs there. Schools didn't hold 'laowai hire auth.', but they sponsored RP and FEC under Helen.
In short, yes the visa needs to match the company name and most important the address needs to match.
How can you not know this?
Zethe:
Because I reject companies that show even the slightest deviance from what I consider to be morally and legally correct.
Which means I only go with schools that have proper licensing, provide all paperwork including the contract under THEIR name.
Lately, I've rejected multiple schools simply for their attitude, wording in their contract, wording in their hours, etc.
If the company doesn't come forward completely straight and with negotiation, I don't even bother, so of course I don't know about what wiggle room I have with the shadier businesses.
For example, I rejected a Beijing university for not being clear on visa transfer details.
I went with SMIC because they were straight with all questions.
Englteachted:
I actually could be wrong. In that area they are allowed to bend the rules.
But if the FEB approve it, and grant a FEC, then it's legal, is it not?
So why not sign the contract and see whether or not it's approved?
I'm in the same boat (although my offer is far inferior to yours) and this is what I'm going to do on Monday.
icnif77:
Me too! I am waiting for new FEC and then PSB in two weeks for new RP.
I hate that uncertainty, because of the option 'I might have to exit China'. Can't plan my vacation ...
There are some agencies that have been given approval by the provincial government to basically hire the teachers, and then pawn them out to the schools. Parf of the reason is fairly obvious - it's damn time-consuming and expensive to go through all of the crap it takes to be allowed to have an FT on campus. Also, that would mean each and every school would also have to do recruitment for just 1 teacher.. PITA!
So - yes and no!
Check their license, and ask the PSB or SAFEA if they're legit. ALSO check the details on the other contract!
But then... if they haven't actually clarified this for you, then maybe you're in for getting screwed around! I was going to do recruitment for such an agency, and one of the first things I told them was - FT's/employees need open and honest information - up front!
