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anonymous
Q: English recruiter/head hunter/agent commission and contract---NEED HELP
A friend of my forwarded and email and asked me what i thought about the below contract between him and an English Agent here in Shanghai. The job will be in Zhuji, Zhejiang Province. the funny thing is my friend didnt get the job yet, but someone will pick him up tomorrow and he will stay in Zhejiang province for an interview. Does any of this makes sense? Is this typical? What if he is sick or late for class one time under extreme circumstances.. what are you thoughts?
One more thing I just want to confirm.It is about commission.Plz send me a E-mail with the commission agreement.
Commission agreement for a full-time job
1.I will teach conscientiously and diligently.
2.I will obey all school rules and regulations and will never arrive late for my class.
3.I will prepare a lesson plan before each and every class so that I'm well prepared for the lesson.
4.I agree to pay Chictutor a sum amounting to 20% of my remuneration.This would be deducted from my first payment_____ in the amount of _____ as commission for their service.
Signature:
Date:
Plz have a check about the above content and write your signature and the date in a new document according to the agreement.After you reply me,I will tell u the time client's driver meet u.
Since it is rule of our company ,plz understand me and reply me asap.
Thanks and best regards
Frank
11 years 23 weeks ago in Teaching & Learning - China
Never mind the sick thing - he does not NOT need to pay 20 per cent of his salary to an agent to find him a job in China, there are more than enough jobs available to make this unnecessary. This is why people should be very careful with agents.
If taking a fifth of the headline salary is 'a rule of our company' then your friend should tell the company to sod off, do some legwork, and find a better job directly with a school or uni.
MissA said it first and she said it best but it bears repeating because it's very important.
Do NOT agree to pay a commission for any job. In other words, refuse any job that requires a commission payment from you the teacher.
This is not typical and it only makes sense for a dedicated masochist.
Besides, even if he accepted the position, which he (she?) should refuse, the contract says they will take the commission from the first paycheck ("payment"). Thus your friend's first paycheck will be quite small. Let's try an example. Suppose 5,000RMB per month for 6 months = 30,000 RMB. 20% of 30,000 = 6,000. Oh it looks like your friend will work for two months before receiving any pay. Hahahahahahaha wipeout.
Sound good? No.
Keep looking.
Want more reasons to say no? This sounds like a contract with an agent, not a school. Never sign the contract with an agent, only sign with a school. If he signs with the agent the agent will find extra unpaid work for your friend and likely try various and sundry ways to cheat your friend out of the salary.
Keep looking.
TL;DR: Hell no!
vman111:
I was reading the contract as 20% only for the first paycheck. In other words, he is makes 10k each month we only needs to give up 2k and then thats it? Is anybody reading this in the same way?
MissA:
I read it as being purposely ambiguous - and you can bet the farm that anything left ambiguous in a Chinese-foreigner employment contract is not going to turn out how you want it.
bill8899:
I guess it depends on how you define 'remuneration'. In this case the term 'remuneration' was not, to my knowledge, limited to one month. I bet it (the R word) includes all pay for the entire term of the contract. I could be wrong but I seriously doubt it.
The wording certainly leaves the recruiter the option to take 20% of all remuneration from the first paycheck.
agree or disagree? I would advise against optimism in this case. I doubt the recruiter is working for 20% of one month's remuneration, and I believe the recruiter, in this case, already receives a percentage of the monthly pay above and beyond the common agent's fee. But hey, I don't know. Try it and see what happens. No, please for the sake of all that is good, don't try this contract. It's probably illegal and will cause you only grief.
Ask for commission from the employee = con man = tell him to take a 3 mile walk off a 1 mile pier!
NO exceptions, if you accept a job from anyone asking for commission from you, you ARE being conned.
