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Q: Is the site under siege? I've got a fair dinkum question.

 

Does anyone know it there are minimum criteria for a school to offer a teaching contract?

Like....

Or is every contract a blank piece of paper that can entail whatever Parties A and B agree upon?

I believe schools should provide/pay for things like salary, housing, annual travel allowance, residency costs, health examination, health insurance.

 

Do I believe right?

Who's up with this stuff?

 

 

 

Under siege inference is due to the front page being inundated with necro posts.

 

7 years 42 weeks ago in  Visa & Legalities - China

 
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It doesn't seem to me that they really want a FT, hence not a bene in sight.

But it's the only dance left in the joint.

I'll sleep on it.  Thanks.

btw...know what's playing right now?  Let It Be.  True.

royceH:

Oh, my bad.  Supposed to be a reply to icnif.

www.feelgoodrock.com   hits of the 60s, 70s and 80s.  Works all the time.  Now U2. Next Billy Joel.  Eclectic mix.

 

7 years 42 weeks ago
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icnif77:

The Pogues with 'Waltzing ...' at mine. I cleared my puter's HD of all music and stuffed I-pod instead. Now, I listen music through I-pod connected to puter and BOOM.

Tell School, you have few other Contracts in sight with all benes: 'free apartment, return flight home at the end of the Contract (try to negotiate lump sum instead ticket show for the refund), 3 x holidays salary during Winter and Summer recess...'. Then ask: 'Why your Contract doesn't offer similar benes? Every School in China offers that!'.

They might don't know the ropes and they are stingy as they can be. Send them few similar job offers web links from 'Jobs' here, so they can see, what's the regular bene thing. They might also know your personal thing, i.e. 'you don't want to move from the city'. Watch how loud you talk...., 'cause they'll take an advantage.

After you'll make them change Contract and add benes, be careful at any un-expected re-sign of the new Contract. They'll forget to add something, but 'SAFEA told them they must readjust the Contract dates, so pls. sign new Contract copy fast, because I (rep) must leave in 5'....'.

I am describing what happened at mine. They forgot to add 3x6k for recess months to the new copy. But, LOL 'eagle-eye-was-there', despite almost no time to re-read new Contract.

I love my job: 'I can practise-improve my Englo and I can also slip into the Law&Regulations here and there.' LOL.

7 years 42 weeks ago
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royceH:

We Didn't Start The Fire..... "china's under martial law.......we didn't start th..........."

7 years 42 weeks ago
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icnif77:

Gil Scott-Heron with 'We almost lost Detroit' and 'Babylon' D. Gray next.

7 years 42 weeks ago
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7 years 42 weeks ago
 
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Now I bump my own post to see what will happen.

royceH:

Now it's back to normal.  Did anyone else see what just happened there?  Like the front page was full of old posts.  Now changed back to June 2016.

Am I going mad?

7 years 42 weeks ago
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Shining_brow:

Yes, I think you are!!

 

7 years 42 weeks ago
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royceH:

Thought so.

7 years 42 weeks ago
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You mean - are there minimums that must be offered by the school? or something else?

 

Technically, yes! Pay (in money). A valid visa (ie, they can't hire an FT without being able to provide one - they must be legally able to hire you!) Holidays (at least the Chinese public ones) and sick days .

 

And I think that's about it!

 

The contract itself should also outline lots of other things, but what they are will depend on the contract. Technically, there is no minimum number of hours you need to work (that I've ever seen) - so, in theory, you could have a contract that says you must work a minimum of ZERO hours per week!

 

Also, according to the labour laws (which, yes, we are still entitled to in some ways) there are maximum hours we can work (at least, before overtime kicks in). The contract does need to stipulate your wages/salary (though what that amount is, AFAIK, has no minimum!)

 

The contract should also include insurance (although, that's becoming a little harder to get the employer to pay for these days). But, it does need to be purchased!

 

I believe there should also be a probation period, which is not allowed to be more than.. (is it 1 month or 3 months? I forget!) Either party can end the agreement without penalty within the probation period (though, obviously, the FT is going to lose airfares etc).

royceH:

Thanks for the answer.  So things like housing and travel reimbursement are a bonus.  A formality for most, but a bonus.

At least the contract they are offering me is for 12 months, and at a uni that is something I suppose.

 

7 years 42 weeks ago
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icnif77:

No they aren't bonus.

Scroll over few job offers and you'll see every English teaching job offer has the same benes. 

Go get them with ... job offers show.

Man, if I would have Native English passport...I'd negotiate many more things...

7 years 42 weeks ago
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Shining_brow:

Yes to both of you!

 

Most benefits are standard - although, in saying that, you'll probably notice that the return airfares things has been disappearing over the last few years, or seriously downgraded. I've seen jobs advertising a 6K return flight... 6k RMB SUCKS!!! (as well, they're now demanding the boarding pass as a 'receipt'' =- not just a fapiao or internet booking).

 

Incif is right - given where you are, you should be asking for a LOT more!

7 years 42 weeks ago
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It looks, Internet slowed down in China (at me) few days ago. It takes more than 20" to come from the Main page to the Answers. It just doesn't load as fast as few days ago.

Click on Yahoo email page, and it doesn't load whole day sometimes. I can peek into my emails through the Mail folder on Safari, which isn't affected.

Other websites (US), I am often on load some 10'. OK!

 

Contract: I don't think, there are any low points set from Gov. on Contract. It is just, what A and B agree upon.

Medical exam is School's responsibility, and Insurance is required by Gov./Law. Employer must purchase Insurance for the employee.

As I am reading Shining above, Probation period and Resignation notice length is Employer's requirement, and it can't be longer than 3m.

 

However, employee can disagree with anything written on the Contract and doesn't ink the paper till both parties don't come to the agreeable level.

Things you're listening aren't required by Law, except Insurance. Every other School offers benes, so if School wants to get FT, it better offers benes, too.

royceH:

Thanks.

How's it in Guiyang?

7 years 42 weeks ago
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icnif77:

Everything c&d, except I am waiting for the new FEC. Then, I'll relax and start with planning of the holidays. Will choose most likely Nepal, because of 'Tourist visa on arrival' possibility. I will also get Tourist visa to India, to avoid any fuk-up (stay in my place during Summer recess like last year) on the way.

Have some Summer Camp offers, but no exact dates yet, so as off now 'no work during the holidays', yet.

7 years 42 weeks ago
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Shining_brow:

Incif - are you sure the employer needs to provide the insurance? I've read that it needs to be purchased, but not  so sure it needs to be done by the employer.

7 years 42 weeks ago
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icnif77:

There are two Insurances.

Employer must purchase Insurance for FT by Chinese law. I don't have link, but that was done twice already in two Schools since 2013 without Q asked. Usually, after successful ME.

The other insurance is part of the tax deducted as I understand, but I don't know the details. 

Look at some job adverts. It's written 'School will purchase an Insurance for FT'.

60 years age limit for FT is because of the Insurance. School can't get Insurance for the person over 60y old in China .....

7 years 42 weeks ago
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It doesn't seem to me that they really want a FT, hence not a bene in sight.

But it's the only dance left in the joint.

I'll sleep on it.  Thanks.

btw...know what's playing right now?  Let It Be.  True.

royceH:

Oh, my bad.  Supposed to be a reply to icnif.

www.feelgoodrock.com   hits of the 60s, 70s and 80s.  Works all the time.  Now U2. Next Billy Joel.  Eclectic mix.

 

7 years 42 weeks ago
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icnif77:

The Pogues with 'Waltzing ...' at mine. I cleared my puter's HD of all music and stuffed I-pod instead. Now, I listen music through I-pod connected to puter and BOOM.

Tell School, you have few other Contracts in sight with all benes: 'free apartment, return flight home at the end of the Contract (try to negotiate lump sum instead ticket show for the refund), 3 x holidays salary during Winter and Summer recess...'. Then ask: 'Why your Contract doesn't offer similar benes? Every School in China offers that!'.

They might don't know the ropes and they are stingy as they can be. Send them few similar job offers web links from 'Jobs' here, so they can see, what's the regular bene thing. They might also know your personal thing, i.e. 'you don't want to move from the city'. Watch how loud you talk...., 'cause they'll take an advantage.

After you'll make them change Contract and add benes, be careful at any un-expected re-sign of the new Contract. They'll forget to add something, but 'SAFEA told them they must readjust the Contract dates, so pls. sign new Contract copy fast, because I (rep) must leave in 5'....'.

I am describing what happened at mine. They forgot to add 3x6k for recess months to the new copy. But, LOL 'eagle-eye-was-there', despite almost no time to re-read new Contract.

I love my job: 'I can practise-improve my Englo and I can also slip into the Law&Regulations here and there.' LOL.

7 years 42 weeks ago
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royceH:

We Didn't Start The Fire..... "china's under martial law.......we didn't start th..........."

7 years 42 weeks ago
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icnif77:

Gil Scott-Heron with 'We almost lost Detroit' and 'Babylon' D. Gray next.

7 years 42 weeks ago
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7 years 42 weeks ago
 
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Legal mini minimums (according to Chinese employment law):

Z-visa

Basic health insurance 

30 days notice for resignation. If they terminate contract early then 30 days compensation pay. 

Actually no holiday pad in first year. 

 

Actuality fir ESL teachers? From what I've read the standard offers include:

Housing allowance or free (cheap) accommodation 

Return flight home 

Maybe additional holiday pay. 

 

Living where you are Royce I'd have thought they'd be desperate for native English teachers. Hold back on signing & push for more benefits. 

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I am not a teacher.

But I would like to see a basic, generic, teaching contract posted on here. 

One that shows what is mandatory and also shows all or at least many of the options, most frequently asked for by your average teacher.

Impossible to cover all of China with something like this probably, but a published guideline contract would probably be a good start.

 

post yours ..... take out your name and the schools name.

icnif77:

There aren't many things mandatory on the Contract, except Insurance.

It's more like 'what Party A offers' and 'what Party B accepts - sign', in other words 'lousy and better than lousy Contract offers.

Once I see Contract, I sit on in it for 24h, and then 'negotiating-me-part' send back edited Contract parts with explanations.

School's Board have meeting and things, and new, edited Contract copy arrives to my box.

My point is, FT isn't required to accept first offer. It can be negotiated/edited, and terms on the Contract should be cleared, i.e. ''ticket refund: 'should FT present flight ticket or refund can be lump sum.'', ''housing with Broadband'': 'free utilities'....." and similar.

7 years 42 weeks ago
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BHGAL:

and just because I am confident that you know quite a bit about this stuff, and before I do my own looking throught it....  do you think these things are reasonable?  were they yours that you like or disliked?  

7 years 42 weeks ago
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icnif77:

I always apply to million job adverts and then pretend I am serious with each one. Interview and 'can I see your Contract, pls?'. When I have Contract, I ask for the changes, if possible. 

Then, I sign the best offer and .....

Contract you see in my reply is good, however .....Chinese teachers work at this Private School per hour. They are paid as many hours as they complete.

Now, I came to office on Monday for my classes, and Chinese Head teacher said: 'Sorry, I forgot to tell you earlier, but you don't need to come for classes on Mon, Tue and Wed., because we have some exams in Grade 10.'

Me: 'OK, do you want me to work in different grades?' He: 'No, you are free three days!' Me: 'I hope, you are aware, I must receive full pay, despite by School's wishes I'll lay in my bed-dy for three days?'

Then, talk with holly boss, and 30' later modified schedule, in other words 'no free for three days anymore'.

They aren't aware of the real meaning of the Contract. I know that, but I am fair with them.

Same happened in my previous School in Kaifeng: 'no timetable for 30-days, because School's teachers are too busy to assemble my timetable'. I acted the same: 'I must receive full pay for surfing the Internet whole day, for 30 days.'

The funniest was, School didn't object, but it was Contract breach, because (2nd posted Contract) 'party A is obliged to provide 15 classes/w...', what gave me resignation option.

Now, I resigned and kept my RP intact (transfer to present School), and Kaifeng School objected my resignation. My response to Henan SAFEA was: 'I didn't come to China to sit in my room for 30-days. I was hired as an English teacher'.

One Ozz FT on Campus commented: 'Why you even bother! You get paid to sleep....'.

The problem at mine usually occurs after the 7th day of continuous slee-pingsurprise.  

7 years 42 weeks ago
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BHGAL:

ok another stupid question...who might be aware of the contract?

anybody local?

anybody that knows how you got there or what it takes to get rid of you....    is there a real "BOSS"  at the school? OR NEARBY?

 

gg. Do the local bosses have control? or can you go to province, or like you often suggeSt SAFEA P.S. I am a "union" guy. power to the people .....to start with I like that contract thing you sent .... few changes and triple my money and I will sign it Joking, not now or ever a teacher

7 years 42 weeks ago
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icnif77:

No ming bai! I sign Contract with School. I never violate it, and I demand School respect it to the 't'.

If I spot Contract irregularities by School, I approach rep with short talk. If I am unsuccessful in Contract explanation&respect, I suggest rep dials SAFEA and ask for an opinion with note 'if you won't call Gov, I will!'

That's all it is! Why should I care, if local person knows about the Contract?

I have completely different thing with locals and my SWAT teams: 'respect Western traffic rules, since I am mostly pedestrian....'

'It's like comet hit the area, when am crossing the road...'.

You're Union guy? You mean, you can speak a bit of Sicilian dialect?

7 years 42 weeks ago
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甲方( Party A)                                                            乙方(Party B)

单位名称(Name):                                                    姓名(Name):

法定代表人(Legal Representative):                        性别(Sex):口男  (M)    口女(F)

地址(Add):                                                              出生日期(Date of Birth):

电话(Tel):                                                                国籍(Nationality):

传真(Fax):                                                               证件号码(Passport Number):                                                                 

                                                                                   电话(Tel):

 

甲方愿意聘用乙方作为外籍教师。双方本着友好合作的原则签署此合同并保证严格履行合同上所规定的条款。乙方的试用期月工资为¥11000元/月,试用期结束后。如果乙方测评通过后,可领取12000元/月,合约其中有三个月为假期工资¥ 6000/月,其个人所得税从上述工资额中扣减。服务期_2016__年__3__月__30____日至__2017____年_6___月__30____日。

Part A, xxxxxx Middle School wishes to engage the service of Party B /_________ as a foreign teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it. Party B's monthly salary will be 11000 Rmb per month in 30-days probation period. After 30-days probation period, if  Part B pass the performance evaluation, Part B’s salary will be 12000 Rmb per month for the remaining duration of the Contract; during the holidays (February, July, August), party B's salary will be 6000 Rmb, and income tax will be deducted from above mentioned salary.The period service will be from the _30 day of March 2016 to the __30____ day of _June 2017.

  

一、甲方的义务 Obligations of Party A

1、甲方将向乙方介绍中国的法律及有关政策,掌校的体制和相关的外交管理规定。

  Party A shall introduce Party B the Chinese laws, decrees and relevant regulations, and Party A's obligations concerning administration of foreign teachers.

  2、甲方将指导、监督和评估乙方的工作。

  Party A shall conduct direction, supervision and evaluation of party B’s work.

  3、甲方给乙方提供必要的工作设施和居住条件。

  Party A shall provide Party B with necessary working and living conditions.

  4、甲方将按月付给乙方工资。

  Party A shall pay Party B's salary monthly.

    

二、乙方的义务 Obligations of Party B

1、乙方应遵守中国法律、规定和制度,并保证不从事与本人身份不符的活动

Party B shall observe the Chinese law, decrees and relevant regulations, and shall not participate in the activities irrelevant to his/her status.

2、乙方应熟悉甲方的工作制度和相关的外教管理规定并接受甲方对工作的指导、安排、监督和评估。未经甲方许可,乙方不得在其他地方兼任工作或担任与甲方工作无关的职位。

Party B shall observe Party A's work system and regulations concerning administration of foreign teachers and shall accept Party A's arrangement, direction supervision and evaluation with regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to contracted work with Party A.

3、乙方将按约定的进度完成教学任务并保证教学质量。

Party B shall complete the teaching tasks as scheduled and guarantee the quality of work.

4、乙方应尊重中国的宗教政策并且不能够举办一些不适合教师身份的宗教活动。

Party B shall respect China's religious policy and shall not conduct religious activities incompatible with the status of a teacher.

 5、乙方应尊重中国的道德规范和社会习俗。

Party B shall respect Chinese moral standards and customs.

 

三、合同的修改、取消和中止 Revision, Cancellation and Termination of the Contract

1、双方应遵守合同规定,未经双方许可不得擅自修改、取消和中止合同。

Both parties should abide by the contract and should refrain from revising canceling, or terminating the contract without mutual consent.

2、经双方许可,可修改、取消和中止合同。在双方未达成新的协议之前,双方要严格遵守合同。    .

The contract can be revised, canceled or terminated with mutual consent. Before both parties reach a new agreement, the contract should be strictly observed.

3、甲方有权在以下情况下以书面形式通知乙方中止合同:

Party A has the right to cancel the contract under the following conditions:

(1)乙方不能履行合同,不能胜任工作,或在甲方提出问题后,乙方仍不能履行条款列明的义务

Party B does not fulfill the contract and dose not fulfill the working reqiures or fails to fulfill the obligations stipulated in the contract after Party A has pointed it out.

(2)  乙方在请10天病假之后,经医生诊断不适宜再继续正常工作。

According to the doctor's diagnosis, Party B cannot resume normal work after a continued 10-day sick leave.

4、乙方有权在以下情况下以书面形式通知甲方中止合同:

Party B has the right to cancel the contract with a written notice to Party A under the following conditions:

(1)甲方未能根据合同给乙方提供必要的工作和居住条件。

Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.

(2)甲方未能按规定给乙方报酬。

Party A has not paid Party B as scheduled.

 

四、违约处罚 Breach Penalty

1、如果双方任何一方违反合同规定,应付数额为乙方一个月工资的违约金。

When either of the two parties fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay for a breach penalty, which amounts for Party B's one month salary.

2、如果乙方由于不可预见情况,要求取消合同,需提供有关部门证明并征得甲方同意,但需自付回程费用。

If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay for its own return expenses.

3、如果乙方无正当理由擅自中止合同,需自付回程费用并要向甲方交付罚金。

If Party B cancels the contract without a valid reason, it should pay for its own return expenses and pay for a breach penalty to Party A.

4、如果甲方由于不可预见情况要中止合同,应得到乙方的许可,但要负担其回程费用。

If Party A asks to cancel the contract due to events beyond control with the consent of Party B, Party A should pay for Party B's return expenses.

 

五、合同附件同正文具有同样效力。

The appendix of this contract is an inseparable part of the contract and has equal effect.

 

六、此合同自签署之日起生效并且与终止之日自动解除。如果双方中任何一方要求订立新合同,应在原合同废止前90天向对方指出,经双方同意后签订新的合同。乙方自付在合同终止之后逗留的费用。

This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent. Party B shall bear all expenses incurred when continuing to stay after the contract expires.

 

七、调解Arbitration

双方将相互协商解决在合同执行过程中发生的争端。如果努力失败,可以上毕节市仲裁委员会调停。

The two parties shall consult with each other and meditate any disputes, which may arise pertaining to the contract .If all attempts fail, the two parties can appeal to the organization of arbitration for Foreign Experts Affairs in the Dispute Arbitration Committee of xxxxx City Personal Bureau and ask for a final arbitration.

 

此份合同于_____年_____月签于毕节兰苑中学,英文与中文各一式两份。

This Contract is signed at xxxxx Middle School, in duplicate this ______ day of ______, ______ in the Chinese and English languages, both texts being equally authentic.

 

甲方(Party A): 毕节兰苑中学(Bijie Lan Yuan Middle school)

(签名/Signature): ___________________________________

 

乙方( Party B): _____________________________________

(签名/Signature):__________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

附件:Appendix

一、工资Salary

1、乙方的报酬根据乙方的工作量和专业技能,及其学历和教学经验所订。甲方将在乙方接受此职位之前告知乙方的报酬标准。

The salary of party B shall be determined in line with the duties undertaken and the professional skill demonstrated with reference to academic training, qualifications and teaching experience. Party A shall inform Party B of the amount of salary before he/she consents to accept the position.

2、报酬按月付给乙方,自乙方履行职责之日起至合同终止之日止。如果乙方工作不足一个月,则报酬接天数计(每天报酬为月薪的三十分之一)。

Salary is paid monthly, commencing on the performance of duty by Party B and ending on the date of the expiration of the contract. If Party B should work less than a month, payment would be made on a daily basis, which amounts to one thirtieth of the month's salary.

3、甲方将付给乙方人民币_11000____元/月,当月工资下月十日发放。

Party A shall pay B monthly salary of RMB __12000____Yuan (Chinese currency). Party A shall pay Party B monthly salary of each month is paid on the 10 of next month.

 

二、交通费用Transportation  Cost

从______来贵州省毕节市的路费由乙方支付。如果乙方遵守合同并完成学年任务,由甲方提供其回国单程经济舱机票。合同期满后,乙方自愿续聘合同且合同期为一学年的,如不回本国,甲方给予乙方中国至乙方国家首都间经济舱国际往返机票费的50%作为旅费补助(最高不超过5000 元人民币)。

The transport expenses for coming to Bijie should be provided by Party B. If Party B is under contract for a period of one academic year, Party A shall provide Party B with one-way economy class air ticket when he/she is returning home at the expiration of the term of service. When the one-academic –year contract expires, Party B will get 50% of international flight ticket allowance or 5000 Yuan RMB if the flight ticket allowance is more than 5000 Yuan RMB when he or she doesn't return home and still works for Party A for another academic year.

 

 

三、住宿安排Accommodation

甲方为乙方提供一套公寓,配有全套家具及必要的电器或燃器具,包括冰箱、热水器、燃气灶、洗衣机,网络。甲方将负责所有电器产生的正常费用。

Party A will provide Party B with a furnished apartment with necessary electrical (a refrigerator, a shower water heater, a gas stove a washer and internet). Regular cost of utilities will be covered by Party A.

 

五、  病假和事假Sick leave and personal leave

1、当乙方生病,凭医疗证明可请病假。如病情持一周内,工资可照常发放。如病假超出半个月,甲方有权终止合同。

When Party B is ill, he/she shall ask Party A for sick leave with a doctor's notice. Party B's salary shall be paid as usual even if he/she remains sick for one week. If sick leave should exceed that limit, Party A reserves the right to cease contract with Party B.

2、乙方在得到甲方的准许下可请事假,事假期间的报酬将按事假天数从工资扣除,半年内累计请事假不得超过一周。

Should Party B, with the consent of Party A, ask for personal leave on account of private business, salary deduction shall be made according to the number of days of absence, which is not supposed to be over one week during the period of half an academic year.

 

六、工作量和工作纪律Working Time and Disciplines

l、乙方的教学工作由甲方负责人安排,其每周总工作量为__25_节课,如果甲方要求乙方多上一节课,超出部分将按照一节110元付给乙方,乙方需负责每周组织英语角,并且每个月需组织开展课外西方特色课,如果乙方在甲方的工作量不满,甲方有权安排乙方到其它学校或幼儿园上课。

Party A will assign party B’s teaching work. The total teaching will be 25 period per week, if Party A require Party B takes an extra class, will be paid extra 110Rmb per period,  Party B is responsible for English corner per week, and has to organize one special western event (after-class activity) with western culture for students per month.  If Party B doesn't have enough class, Party A can arrange Party B to teach at other schools or kindergartens.

 

2,认真备课、授课、批改作业、辅导、组织考试等;按时上课、下课;上课期间,禁止吸烟、接听电话、会见客人等。

Party B shall conscientiously fulfill his or her duties including preparing lessons, teaching students, correcting assignments, counseling students after classes and organizing examinations. While teaching, Party B must not smoke, make or answer phones, meet guests or do any other things unrelated to teaching.

3,未经甲方同意,不得擅自变动教学计划和所安排的课程。

Party B should not change teaching plans and class arrangements without Party A's consent.

4、未经甲方同意,不得兼任与甲方无关的其它劳务。一经发现,予以书面批评和教育;对批评教育不改正者,处以罚款或解聘合同并限期离校出境,离华费用自理。

Without Party A's consent, Party B renders service elsewhere or holds concurrently any post unrelated to the work agreed on with Party A, and has failed to amend after Party A has pointed it out. Party A has the right to fine Party B and cancel the contract with a written notice to Party B and Party B has to leave Chine in limited time after the contract is cancelled and will bear all the expenses incurred.

 

七、安全责任Security Regulations

乙方因故外出,须到甲方备案。乙方外出或从事其它校外活动,必须遵守有关防盗、防火、交通以及人身安全等规定,因违反规定或私自外出而发生的一切问题,均由乙方自负。若乙方外出前已告知甲方,发生了意外事故,甲方应积极协助乙方处理外出期间发生的意外事故。

Party B should inform Party A in advance when leaving Bijie. Party B should obey the regulations concerning burglarproof, fireproof, transportation and personal safety. Party B shall be responsible for everything happened unexpectedly when violating the regulations or leaving Bijie City without Party A' s consent. If Party B leaves Bijie after having informed Party A of Party B’s intention to do so, Party A will render responsible assistance to Party B in the event some unforeseen emergency ensues.

 

 

甲方(Party A):_____________________________________________

(签名/Signature):___________________________________________

 

乙方(Party B):_____________________________________________

(签名/Signature):___________________________________________

 

icnif77:

1.The term of this agreement is September 1, 2014 until August 31, 2015.

 

2.The TEACHER agrees to serve the SCHOOL for the number of days in the official school calendar and to perform other duties assigned by the administrator; and to work cooperatively with the staff, faculty and administration of Kaifeng High School.

 

3.The TEACHER needs to teach according to the outline and requirements of Alberta Education and use the books requirement by the Alberta program. 

 

4.The TEACHER shall devote a reasonable amount of out-of-class time to curriculum-development, to sponsoring student activities, and to other duties as assigned by the administrator.

 

5.It is further mutually agreed that the SCHOOL shall offer the TEACHER a new                           contract of employment for the ensuing year on or before June 1, 2015, unless the                           SCHOOL gives the TEACHER written notice of its intention not to re-employ the TEACHERon or before June 15, 2015.

 

6.The TEACHER may be suspended or discharged for good cause as shall be determined in the exclusive discretion of the Board of Trustees. It is specifically understood that good cause for discharge shall include but not be limited to: inadequacy of teaching, misconduct, neglect of duty, physical or mental incapacity, actions involving moral turpitude, violation of the terms of this agreement or The Affiliated Middle School of Henan University policy, or conduct  tending to reflect discredit upon the school or tending to impair the TEACHER’S usefulness in his capacity as a teacher.

 

7.           The SCHOOL employs the TEACHER as an employee of SCHOOL at a salary and benefits in accordance with addendum #1. Salary payments shall begin on September 25, 2014. They will continue on the 25th to the end of the employment year, August 25th 2015.

 

8.It is agreed that the conditions of this contract shall only be changed by mutual written agreement of the TEACHER and SCHOOL. This is the sole agreement between the parties and no other representations, be they oral or written, are binding between the parties.

AGREED:

                      _______________________________________________________________________

                      (Signature of TEACHER)                                            (Date)

 

AGREED:

                      _______________________________________________________________________

                      (Signature of SCHOOL)                                             (Date)

 

Addendum #1 To Contract

for

________________

 

Salary & Benefits – School Year 2014-2015

Salary:      The SCHOOL employs the TEACHER at an annual salary 72000.00RMB payable over nine months at the rate of 8000.00RMB per month and 15000.00RMB less than three months at the rate of 5000.00RMB per month during vacations Teacher is required to teach 15 classes per week.(tax and health insurance fees should be deducted according to China's relevant legal policies per month)

Salary payments shall be made on the 25th beginning Sept 25, 2014. The final payment shall be 

August 2015.

Teacher is required to teach 15 classes per week.

Benefits:           1.Teacher is required to teach 15 classes per week, free on weekends, winter or summer holidays. 

                  2. Teacher will receive free 1 or 2 bedroom furnished apartment with TV, Internet connection, kitchen and toilet (WC) with shower;

                             3. Teacher will receive return flight ticket to FT's home country refund at the expiration of this Contract.

 

____________________________________________           ______________________

           (Signature of TEACHER)                                            (Date)

 

____________________________________________           ______________________

           (Signature of SCHOOL)                                               (Date)

 

 

7 years 42 weeks ago
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BHGAL:

thanks

 

7 years 42 weeks ago
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Shining_brow:

Now, let's look at the holes that need to be sorted out on this very standard contract!

 

Intro  - holidays in February... what if part of February is worked?

 

1 - in what language will the "Chinese laws, decrees and relevant regulations," be given in?

 

3 - "necessary working and living conditions." this is SOOOO wide open to interpretation! which is what fucks most of us. What we consider 'necessary' may not be theirs. Especially since it's something that is explicitly mentioned is a way for the FT to cancel the contract!

 

"Party B shall observe Party A's work system and regulations concerning administration of foreign teachers and shall accept Party A's arrangement, direction supervision and evaluation with regard to his/her work."

 

Meaning - we can remove you if you don't do what we ask you to do. eg, overtime.

 

"Party B shall respect Chinese moral standards and customs." ie, we will fire you if you have a girl in your room (if you're a male teacher)

.

"If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned,"

 

I have NO idea what 'department concerned' is supposed to mean, so you're basically screwed there!

 

 

"Party A shall inform Party B of the amount of salary before he/she consents to accept the position."

 

This is actually meaningless, given that a contract is being signed which MUST stipulate pay rates!

 

 

"The transport expenses for coming to Bijie should be provided by Party B. If Party B is under contract for a period of one academic year, Party A shall provide Party B with one-way economy class air ticket when he/she is returning home at the expiration of the term of service. When the one-academic –year contract expires, Party B will get 50% of international flight ticket allowance or 5000 Yuan RMB if the flight ticket allowance is more than 5000 Yuan RMB when he or she doesn't return home and still works for Party A for another academic year"

 

Read this CAREFULLY! It actually says they'll pay an UNLIMITED flight ticket value if you go home, but the lesser of 5000RMB or 50% of a one-way flight home.That's what is written! No doubt, it's not what is meant. (at least, that's what the English version says!)

 

 

"Party A will assign party B’s teaching work. The total teaching will be 25 period per week, if Party A require Party B takes an extra class, will be paid extra 110Rmb per period,  Party B is responsible for English corner per week, and has to organize one special western event (after-class activity) with western culture for students per month.  If Party B doesn't have enough class, Party A can arrange Party B to teach at other schools or kindergartens."

 

Firstly, so far, I haven't read how long a 'period' is. You'll also notice that you HAVE to do overtime if they ask you to. AND - there is nothing stopping them from given you more hours this week, but less the following (for example). Ie, they will calculate by the monthly periods, not the weekly.

 

How many English Corner's per week? How long? Etc etc...

 

The last sentence of that is actually illegal!!! So, technically speaking, having that clause almost automatically means the whole contract is invalid...

 

 

"and Party B has to leave Chine in limited time after the contract is cancelled and will bear all the expenses incurred."

 

Schools do NOT have the right to make that call!

 

 

"Party B should inform Party A in advance when leaving Bijie. Party B should obey the regulations concerning burglarproof, fireproof, transportation and personal safety. Party B shall be responsible for everything happened unexpectedly when violating the regulations or leaving Bijie City without Party A' s consent"

 

|Regulations for burglarproofing your home???

 

Also, there is NO requirement to tell the employer you're leaving the city, so you don't need "Party A's consent".

 

 

7 years 42 weeks ago
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Shining_brow:

Holes - second contract...

 

"and to perform other duties assigned by the administrator;"

 

Yeah - like "we want you to teach Chemistry"... even if you know nothing about chemistry. don't do it, you can be fired!

 

"4.The TEACHER shall devote a reasonable amount of out-of-class time to curriculum-development, to sponsoring student activities, and to other duties as assigned by the administrator."

 

Ditto! This is where lots of arguments start happening... what you think is 'reasonable' may not be theirs!

 

"6.The TEACHER may be suspended or discharged for good cause as shall be determined in the exclusive discretion of the Board of Trustees. It is specifically understood that good cause for discharge shall include but not be limited to:"

 

The standard "we will screw you over any way we can think of" clause...

 

"Salary payments shall begin on September 25, 2014. They will continue on the 25th to the end of the employment year, August 25th 2015."

 

Note the dates.. and guess who's going to say "oh, but that's a holiday in July & August..."

 

 

"Teacher is required to teach 15 classes per week.(tax and health insurance fees should be deducted according to China's relevant legal policies per month"

 

Watch this clause... it says they're taking insurance out of your pay. Insurance ought to be paid by the school (if Icnif is correct above!) According to this, YOU would be paying for the insurance!

 

 

"Teacher is required to teach 15 classes per week."

 

How long is a class?

 

 

"2. Teacher will receive free 1 or 2 bedroom furnished apartment with TV, Internet connection, kitchen and toilet (WC) with shower;"

 

You can be sharing this apartment!

 

 

"3. Teacher will receive return flight ticket to FT's home country refund at the expiration of this Contract.
 

Again - unlimited refund! (and, it's actually the wrong word...). It also doesn't state whether a fapiao, boarding pass, or whatever needs to be produced!!! It also doesn't state 'economy class'!!! What this means is - if they screw you over, then you can screw them over... But you can bet your boots they'll start imposing limits pretty damn quickly!!!

7 years 42 weeks ago
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icnif77:

You're too long surprise, and am cooking Bolognese sauce.

My reply to you requires two tabs open with Royceh thread  ....Here we go:

1. It should be given in English, but nothing was given, 'cause 'an old cat on School's premises'.

If I work in Feb., I must be paid for days of working. It happened in Kaifeng (old Contract), where rep. told me 'Chinese teachers also work more and they don't get paid for it'. I think I worked two weeks, and SAFEA told School I must receive half monthly salary (2015).

2. 'Cancel Contract beyond control...' is most likely 'death in the family' or 'illness' so departments concerned are 'morgue committee' or 'Hospital/MD'.

3. 'Transport expenses to Bijie....' is my expense, but boss booked flight for me. I want to 'train'  myself to the mountains, but she bought one way plane with stop in Kunming (small bottle of water 10 rambos).

4. Refund of flight ticket home or 5k cash. I like that, because I can go anywhere I want. If 'ticket show for refund' I must fly home, but I don't do that every year.

5. Yeah, Contract says I have to do overtime, buTT.... School must ask me for an agreement for overtime. I told them off the bat overtime pay should be 150% of regular hour pay, or in other words 'I am not interested in overtime for regular pay'. 

I quit Dalian RP sponsor (2012) with reason 'School assigned more classes than per Contract'. They added 2-3 classes/month without asking me about. I quit with 'I am too tired' explanation and SAFEA knows about that!angel

Here, rep told me, if I am too tired, we can readjust/lower required working classes.  

EC corner is regular class length (45'). I suggested to Head teacher I could work in other Grades, so EC is every week in different class with 'Introduction' lesson. I make them ask me Qs.

Man, you can write. Am I at the half of your comment?

 

Yeah, I tell them when I am leaving the city, and then they'll help me, if I have any problems elsewhere. Similar like my Embassy. I don't mind that part, but you are right: 'this Contract is vague in English, but they are very nice toward me. Even, SWAT teams.

You know, I am easy going and I'll do many things to help them. There is owner of the School behind the Contract. She studied in Canada, so she: 'Don't worry! I won't bend Contract Chinese way!'.

Now, English is taught here by Chinese teachers....beginning of my class: 'Everybody must stand-up at the bell, so I am sure everybody is OK.' Me: 'Sit-down!' Students reply: 'Thank you!'. It took me two weeks lessons to make students stop saying 'Thank you' at sit-down.

Example 1.: Bus with all chairs occupied stops at the bus stop. Old person or pregnant lady or any lady enters the bus. I stand-up and offer her my chair with 'Sit down' command, she must say 'Thank you!', but in the classroom every student has her/his chair same as an English book. You never say 'Thank you' while you're reading out of your book.

Example 2.: I ring a bell at student's home. I want to talk to student's parents, who are sitting in the kitchen. Niang: Sit-down! Me: 'Thank you!'

Your niang offered me her extra chair in the kitchen, so I am thankful for that. 

Students shouldn't say 'Thank you!' at any 'sit down' during the class.

I worked two weeks on that!angel

 

7 years 42 weeks ago
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77