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Q: How do you see your contract?
In the west, we see our contracts as legally binding and all-encompassing. In China, contracts are seen as "the beginning of an agreement."
The gist of my question is this, how many of you are sticklers for contract details and how many of you seek "wiggle-room" in your employment contracts?
10 years 2 weeks ago in Business & Jobs - China
We're in friendly spirit of cooperation and mutual benefit my dear partner, why being so picky? We can always arrange after of course!
More seriously, I always find something to say or change. First because there always something to say or change, and second because I'm sending mandatory the message "keep the BS where I can see it" right away. The BS curb being exponential, cutting it at the beginning is both cost and energy efficient.
I am both. I see it as a way to prepare myself for the worst. But I am a dreamer so I hope the best. In China "Wiggle room" is is provided as a way to be vague about what the contracted person gets out of the contract. The details are the things the contractor will get.
In China, boss is God. If he wrote and signed an unclear contract with you, it's scandalous to suggest that a compromise should be reached, or failing that, the advantage given to the employee. Also, the concerns of the boss are paramount, so he will always try to waive the terms of the agreement for the 'health' of the company. Then you face a choice: Give in to the subtle pushing to be completely screwed over slowly but surely, or rigidly stick to the terms. The latter is the better bet, though it generates resentment. The backlash is, that the boss will now interpret your contract as negatively as possible, because you're being unreasonable. If he can screw you over, he will, because you deserve it of course. Expect no understanding from colleagues. I don't seek wiggle room in my contract, just fair tratment is enough.
I'm stickler as I can be. Mater of fact, my present Contract is close to me now.
I had problem with my School, because of Feb. salary. School called me to work only the last week of Feb. I received 1/2 salary for Feb.
In January, I worked first 9 days. Then I left for vacation.
School told me, new semester will start on Feb 17th, 2014. I returned from EU a week earlier, and I was ready for classes on Feb. 17th. However, School didn't call me with new schedule till Feb. 24th, 2 hours before my first class.
Contract state, I will receive 1/2 salary for Summer and Winter recess each, which I did. Feb. 1/2 salary was the 3rd half, what is against the Contract.
I demanded full salary for Feb. School didn't want to bow while talking to my Chinese friend, who's fluent English speaker.
I informed SAFEA, and School promised I will receive all monetary demands.
Real problem on my Contract is 'Chinese characters don't match English translation'.
School asked me today to sign 'fapiao' looking paper, where I could only read 548 Rmb. Chinese teacher couldn't explain meaning of 'fapiao', so I scratched my signature, and inform SAFEA about the 'sneaky' fapiao.
Chinese text on the Contract apparently say: School will pay for electricity, Internet, water.
Missing part in Chinese is 'resident tax' (emptying trash bins outside, and swiping floors in front of the building) and gas utility.
English text state: 'Party A provides Party B a free housing during the cooperation of both sides. (Contains basic living facilities and the specific conditions can be consulted friendly). Party A is responsible for the cost of Party B's housing produced. After the cooperation of both sides, Party A will not provide Party B with the housing.
After FEB intervention, School withdraw their promise of renewing the Contract after May 3rd, 2014.
coineineagh:
I still have issues with my own boss now and then, but I'm relieved to say they're not about (major) salary defaults. Mostly overtime and day off "mix-ups", accidental or otherwise. With my tight budget and growing family, I couldn't tolerate such salary issues. Good luck, man. Chinese bosses suck, and some more than others.
icnif77:
I missed first 3 days of classes last week. I was without running water. I refuse to conduct classes, if I can't shower and shave.
On Wednesday, I was successful with paying the bill, and starting running water again.
Principal sent me text on Thu. morning: 'You better show up for classes today!'
'I'm the boss, you're peasant!' I am the peasant, who can read English!
I respect my obligations from the Contract, and I demand the same from my boss, doesn't matter his/her name: Hu Jin or Cheng Du
Monetary issues: 'if you (Chinese) have monetary issues with me, I also have monetary demands!' At my arrival to China 5Y ago, I was like: 'ooh, 'cmon they are poor people, have some compassion, and forget few Rmb!' No more! Pay my part, or I leave China. If I wouldn't resolve salary problems with Helen 2 Y ago (less than 5000 Rmb), I was ready to depart to Vietnam or Oman (LOL), and having Chinese GF in Anshan in the same time.
I have been exceptionally fortunate to have had a great boss, who now is my friend and business partner, and from the beginning I only saw our contract as a piece of paper to be amended upon mutual agreement.
For instance, my contract says that I should pay the utilities, but after meeting me and seeing me teach for a month and the how much the students loved me, my boss decided that the school will cover my utilities. Also, my contract states that my salary is far less than it actually is. The reason for this is to avoid having to pay taxes, which you, or you school, must do if you salary is over 4,200rmb/month. So while the local government thinks I get paid a certain amount every month, I actually get almost double. Also the contract says I should work 40 hours a week, but I actually only work 18. It says I will teach 28 lessons, but I only teach 20. So, as my boss/friend says it: "The contract is just for the government, we make our own agreement."
coineineagh:
I have something similar. my mom visited and applied for a bank account, so I receive salary in her and my own name. I've heard it's a fairly common practice, due to how close families in China are, and that the money goes back to the family anyway. Strangely, I receive over 4200 on both accounts, but it's never been an issue. I heard that the tax-free limit was 5500.
This week, I received an email saying they were kicking me off my computer - for the 6th?? time in a month? (and I only started after returning from Spring Fesitval!) This was on 1st April, so I replied "haha, good April Fool's joke! They wouldn't do that, cos they know I'd quit!".
I got to work, and was again told about the change. I pointed out that I can't have students looking over my shoulder when I've got confidential documents and exams on the screen, or marking test papers.
They're moving me back...
Threatening to quit can be awesome - if you've got what they need! 
