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Q: What checks should a person do before signing a Chinese contract?
This seems to come up here every few weeks, so lets lay it out in detail. What should a person do before signing a contract in China (and I'm thinking about schools here...)
I would say, at an absolute minimum....
1. Obtain a copy of the contract and read through it VERY carefully. Take notes - highlight any bits you don't like.
2. Apply to a number of employers, and get potential work contracts from a couple of possible employers. Compare them, see which one is best for you.
3. Speak to a current foreign employee. As them about EVERYTHING. And I do mean everything. If they say nothing but glowing praise, they're probably lying, or the employer is listening in.
4. See pictures of your accommodation, and make sure you move into your accommodation before you start working. Ensure they understand that if they try to put you in a shit flat, you will be on the next plane to Bangkok.
5. Get a Z-visa. No exceptions. (ed: BEFORE you start working)
6. Understand exactly what you are bringing to the table. They will make a lot of money off you, and many schools will try to lie and pull the "oh, foreigners are very expensive, this is only China, we're a developing country...." to guilt you into putting up with needless crap.
7. Google is your friend. One bad review doesn't necessarily make an employer terrible, especially if it was from a few years ago, but a string of bad reviews is a major red light.
8. If they're not asking for and cross checking for specific qualifications/experience, then they are hiring you to be their foreign dancing monkey.
What else?
11 years 7 weeks ago in Teaching & Learning - China
Oh, one final thing. It's not a check, per se, but....newbies, come with at least $3-4,000 in the bank so that if you get to China and your employer is dodgy, you can't handle the place, whatever, you can turn around and get straight on a plane home.
Yes, people come to China to save money, and you can actually save a decent amount if you're sensible, but don't come to China in dire financial trouble - that's just asking for more trouble.
For starters - DON'T ASSUME ANYTHING! If it's not in writing (or the writing can be read differently), then consider it not there and never will be! Never take someone's word on something. And the "oh, don't worry about that, we can fix it later" etc... forget it! Similarly, once you're here, if it's in writing, and they try to change things - leave! (well, don't do it, and see how they react).
If you're not happy with a contract paragraph/condition, change it! If it's important to you, and they don't budge, then don't sign.
MissA:
Yes, if phrasing is in any way ambiguous, assume the interpretation of it will be the worst possible one for you. That's if they honour the contract.
SwedKiwi1:
Yeah, and remember that "in case of any disputes the Chinese version shall prevail" - meaning that they can ignore any part of the English contract. So try to check the Chinese version of the contract with a friend or colleague as well.
I wish there was a way to make a "question" the Answer of the Day. Well done MissA!
May I suggest:
4. ... "next plane to Phuket."
MissA:
Good point! Or Koh Samui, Koh Phanghan, Koh Tao, Koh Chang.....
I'm currently seeking for a new job. Hopefully, when an employer hires me and offers the contract, I'd carefully look into the following:
a. leaves/holidays - why? cuz normally they don't give a damn on this whether u take it or not... so i have to discuss this with them very clearly
b. my income structure - normally after 3months or 6months i'd get an increase. if not, when's the next increase? after 1 year? That's way tooo long
c. I'd like to see in the contract something about getting promotion or performance appraisal. What would happen after 1 year?
d. Clarify reimbursements - when and how can i reimburse? after a year? hmm...
e. Normally employers will pay the visa procedure expenses - clarify it with them.... then if im gonna pay, i'd look back at item d. 
f. Oh, don't forget to ask about overtime... they love ppl workng hard til late especially if they dont need to pay extra.
g. insurance/other benefit
h. When in doubt, take the phrase out, ask around, then get back to them to have it revised accordingly.
can't think of anything else, so best of luck!
Holidays - how much are you paid, when can you take them - when do you get paid for them? My last job, they wanted to pay my January pay with my February pay - so, a double pay amount - and even more tax!!! (ie, more than usual - by about 1500).
If you're getting allowances or reimbursements, what evidence do you require? (and, why??)
You'll probably notice that overtime is paid LESS than the standard rate... don't like it, change it! Also, OT is often calculated over the whole month, no just over the weeks you actually do the OT - thus, if you're supposed to work 20 hours before OT kicks in, and you work 2 weeks of 30 hours, then the next 2 weeks you only work 15 hours, they'll average ALL of your hours out for the OT calculation.... ie - you'll get nothing :(
MAKE SURE THE CONTRACT SAYS 'Z' VISA - or you'll have NO comeback when it goes sour.... at least if it's written in the contract you'd have (some) legal recourse!
Hospitals - who decides which you can go to? And how much can you claim, and all that stuff...
VERY IMPORTANT: Where will you work?? Often, with agents and some schools, you'll sign a contract with one lot, but be expected to go and work for another lot. More often than not, that's dodgey!! Whatever the deal is, GET IT IN WRITING!!!!!
Don't be desperate! We qualified and experienced teachers, hold ALL the aces... for every job they say they need you for, there's 100 others willing to take you on (and probably pay you more for).
Speaking of which - since we hold the aces, NEGOTIATE YOUR PAY - don't just accept their pay! I heard from one guy who was offered 200-250/hour for tutoring... he heard the client was offering to pay the agent 800/hr. Most legit places (schools, individuals, etc) will be willing to pay 250+.... it's the agents/schools that take the rest.
Are you paid by the hour, or the month? For teaching, or for wasting your time? It's common for schools to say they'll pay you X amount for Y hours teaching, but fail to make it obvious that if you don't do your Y hours teaching, you don't get X amount of money! Many schools will only pay you for your actual teaching hours - so if students don't show up, you don't get paid!
Similarly, if you're paid by the teaching hour, are they also expecting you to stay on-site for the rest of the time?? Personally, I get paid to teach (and a couple of office hours) - NOT to sit at my desk and twiddle my thumbs for 6 hours a day! (In my current job, I'm contracted for work and office hours up to 40 hrs per week. Downstairs, they're contracted for only 12 teaching hours, and NO office hours. While they are paid slightly less than me monthly, they're actually on about 2.5 times what I am by hourly rate.... what do you want to do with your time???)
(probably more later as I think of them 
)
MissA:
I've been in your position.... may I recommend sporcle or coursera.
MissA:
Awesome ways to kill time when you're stuck at work and have finished all planning. I was on a forty hour contract, too, and had about thirty hours worth of actual work to do.
Shining_brow:
Oh, that...
I'm doing another master's degree through UNE, so I'm usually ok for killing time :)
My experience with contracts with multiple pages. Sign EVERY page, not only last page. They can and will change first pages.
Considering the legal value of a contract in China, the Maddox stress test is the best suited : http://thebestpageintheuniverse.net/c.cgi?u=veil_review
Water, fire, shock, urine and explosives. Please keep us informed with the results.
Look for your School on this web link:
http://www.anesl.com/schools/info.asp?province=Guangdong&keyword=University&cmd=Search
Change 'Province' and 'level of the School', and you'll get listing of the Schools authorized to hire FT (sponsor Z visa).
