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Q: Question about university job
I have a job offer at a local university. It would be a 5 years contract and they want to include the following clause:
If I leave the job before the end of the contract I should give them 20000 RMB for every year of contract unfullfilled.
My question is: How legal or common is to include this clause in a contract?
EDIT: Thanks so much for the answers so far. I am really reluctant to accept this clause. To add some extra information: They justify it as the contract pays not only for my salary, but also they give me some money to use for research for that 5 years (cost of machines, reagents, travel to conferences, etc..). Apparently their concern is that I use all in 1 year and run away. But I think it should be possible to create another clause allocating one fifth of the money for each year and avoid the other clause.
11 years 25 weeks ago in Business & Jobs - China
I cant see why that couldnt be legal? Employment contracts in the UK sometimes have things similar to that in them. If for example you get paid study support for a course from the company and you leave before a specified series of dates you will have to pay a varying % of the course costs back to the company. Its also like the opposite of a contract completion bonus.
I am sorry to here that,It's illegal and not common at all, from the knowledge I learned at college,only a person who's in a very important position requires to sign a 5 years contract,like a manage ,partner or other important positions,1-3 years are normal,so,If you are just an English teacher,Not a manage ,The school has no right to do that ,a 5 years contract is too long ,at the frist time,we usually sign a 1 year contract ,then 2 or 3 years contract, sorry to tell you that the school seems try to trick you,Don't put yourself in trouble.
Good luck.
That is TOTALLY ridiculous!!!!!!! RUN Forest run!!!!!!!!!!!!!!!!!!!! TOTALLY UNCOMMON!!!!!!!!! :(
If its in the contract its probably legal.
But you would be an idiot for signing such a thing.
What happens 'IF' for some unforeseen reason you need to leave promptly. Medical or family issues, what 'IF' you later discover the position is not what was promised [often occurrence], What happens 'IF' and when they start to amend your work schedule. Does the salary increase or stay the same over the 5 years period,? And what 'IF' you are refused a visa. Remember this is China, no reason is required. Some many 'IF's] but big IF's. Personally I would never commit myself to such a contract. Pessimistic I know however Good Luck to you.
Even though the university may offer you a five-year contract, the People's Courts and the PSB (one in the same really) will not allow for it. Your visa will be limited to one year at a time and any liabilities you incur will also be limited to that current fiscal/calendar year. We have had instances in the city where I live where the PSB or the People's Courts or even the FEB have set aside contracts of a duration longer than one year.
gurron:
Which city is this? Is it the same for the whole China? I know people on 6 years contracts
981977405:
They can be on 100-year contracts but it is my understanding that as a matter of life, a contract with a foreigner, at least for employment purposes, runs on a one-year lifespan. They may have an automatic roll-over clause but the PSB will not issue an employment visa good for more than one year, give or take a month here or there and the courts will not consider issues in arising out of the one-year contract.
I think five year contract is too long whether it is legal or not.My advice is just think about other job.
- The clause is obviouly valid if you sign the contract. You shall assume the contractual obligations. I suggest you create another claue.If the employer illegally or irrationally fire you during the five years, what will you get? I mean its compensation. This is important, isn’t it? Any question about labor dispute, send emails to me, lawyer from DAWN PARTNERS. Email :Rehn@shanghai-legal.com
