Wednesday, January 29, 2014

China Foreign Teachers Union - Contract Suggestions Save You Time, Money, & Grief

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First and foremost... if you are coming to China to work in any position, for any company or school, you absolutely must have two things in your hand BEFORE you even buy your plane tickets...

1)  A signed and sealed contract

2)  A work visa (Z visa)

If you come to work in China without either of these you will easily be exploited and cheated. To understand why you can visit and read www.ChinaScamBusters.com.  This post will talk about important clauses that you should add to your contract. YOU DO NOT HAVE TO SIGN ANY CONTRACT SENT TO IF YOU ARE NOT HAPPY WITH THE WORDING, TERMS, AND CONDITIONS.  If agents and recruiters tell you differently - ignore them. Do not sign contracts that are vague, ambiguous, nor unclear. If you were promised something verbally or in an email, make sure it is included in specific terms in your contract, or those promises will be forgotten and you will simply be told "You Misunderstood".  If you have a Skype interview, we suggest that you record that interview in case there is any future "misunderstandings" after you arrive in China. You can download free Skype recording software from this link below:



VERY IMPORTANT - Do not sign any contract that is not in English, no matter if you are assured that the contract says "exactly as we discussed".  If you sign a contract in Chinese or any other language that you do not understand, you will be cheated and have plenty of unpleasant surprises.  Make sure every page of your contract is signed dated and has the corporate red seal of your company/school or pages may be switched on you later.

YOU  HAVE  A  RIGHT  TO  KNOW...

If your school/company is licensed and registered.  Below are the 12 key clauses you should insert into your contract before signing it.

So here are the 12 clauses every foreign teacher should insert into their contract before signing it.

"The teacher shall be provided an invitation letter at no charge by the school/employer at least 15 days to their arrival date in China"

"Within 72 hours of termination, for whatever reason(s), the principal of the school shall provide two original, signed, and sealed release letters free of charge to the teacher.

"Any proposed changes to the teacher's work schedule must be made in writing via email to the teacher at least ten working days in advance of the proposed changes, and the teacher may accept or decline proposed changes within 24 hours of receipt of same notice without penalty."

"Assigned hours of work shall be from ____:00 am to ____:00pm from ______day  to ______ with days off being the two consecutive days of ________day and ________day.  If asked to work on these days off, the teacher shall be paid at the rate of _______yuan per hours spent on the school premises, not just actual class time."

"Any and all images of the teacher may not be used online nor in any poster, brochure, advertising, newspaper, magazine, nor newsletter, without the express written permission of the teacher, and violation of same shall incur a fine/penalty of 20,000 yuan upon the school/principal by default per incident."

"The teacher is not required to participate in any marketing and/or sales activity organized by the school nor any other organization and if asked to do so may decline or accept based upon a negotiated special compensation for said activities."

"The teacher is not required to work on any National Chinese holiday nor on the following foreign holidays (list)."

"The teacher will not be asked to make any purchase or expenditures from their own personal funds for any supplies or school activity(ies)."

"The teacher shall not be asked to perform any task nor assignment that is not specified in their written job description attached hereto as "Exhibit A".

"The teacher shall never be asked nor required to make any false statement nor representation about any school, company, service, nor product."

"The teacher will work only on the school premises and if needed to participate in any activity not on the school premises the school will provide full round-trip taxi or air fare in advance and not ask the teacher to take a bus nor a train."

"The teacher retains any all IP rights to any lesson plan and/or PPTs created by the teacher and same cannot be used without the teacher's express written consent. Violation of this clause shall result in an automatic penalty/fine of 20,000 yuan per documented incident."

"If the teacher is not paid in full for services rendered on the normal designated pay day nor within 24 hours of same, the teacher may, at their sole discretion, exit their contractual obligations without penalty nor further obligations."

This page will be updated twice monthly as we receive feedback from other teachers working in China. If you are already a teacher working in China and you want to suggest a clause, by all means send it to Legal[at]ChinaForeignTeachersUnion.org.  You can also obtain a free copy of China's Labor Laws by request to the same email address. In China, the more you know, the smoother you flow!  Be prepared for the unexpected or you'll end up like this fellow below...


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9 comments:

  1. Not taking a bus or train? A little extreme.....

    ReplyDelete
  2. Is there no legal obligation to participate in Marketing activities? Won't refusal get you blackballed as uncooperative?

    ReplyDelete
  3. This why you must insist upon having a written job description attached as an exhibit to your contract mate. Also read this link here to avoid the biggest fraud targeting new hires: http://www.realscam.com/f8/biggest-china-job-scam-ever-robs-foreign-tefl-teachers-via-probation-period-fraud-3647/#post79287

    ReplyDelete
  4. This is all about protecting new teachers and those who want to work overseas because otherwise they will get scammed or worse.

    ReplyDelete
  5. Could please someone explain the 20.000 yuan penalty? Does it mean that the school ought to pay this amount for the teacher, or for whichever authority?
    In reality, would any school agree to sign such term...? Thank you!

    ReplyDelete
    Replies
    1. I'm thinking... if they agree to sign, they probably won't do it = no problems from any side.
      If they won't sign just move on

      Delete
    2. Our web site has been under hack attack lately. So to be sure you are seeing the most current information go to either of the two links below and just scroll down. Thanks, we hope to have this fixed shortly. - Admin

      http://www.ChinaForeignTeachersUnion.com

      http://www.ChinaForeignTeachersUnion.org

      Delete
  6. hi i need help ! i have a contact with my current school until the 30th of june, the same date my permit to be here expires . i have found new school (university ) and they want to process all documents now so i will have new permit before old expires. the university went to the office who gives foreign expert certificates but that office said they can give new one because my current school didn't cancel old one .
    now here whats complicated : i finish my classes 3 weeks ago so I'm just sitting at home doing nothing , my school saying that they won't cancel old certificate because they can't as law saying that they can only cancel when my contract finish. new university is saying that they can cancel at any time ... please tell me what can i do ?! can current school cancel it now if i don't have any classes anymore?

    ReplyDelete
  7. I've worked in China for four years. In my first year I was paid 6000 RMB per month, and shared a school apartment. In my second and third year I was paid 10,000 RMB per month, including 1,500 rent allowance. In my fourth year I was paid 12,000 RMB including my 1,500 rent allowance...

    Then I discovered that the schools should have been paying my social welfare pension for 4 years. I have lost nearly 50,000 RMB! Cheats!! They and YOU - MUST pay your pension. It's the LAW. If you leave China before you are 65, you will receive your contributions back.
    Also, my students told me they were paying 600 RMB per hour for my classes!!!! Yet, I thought they were paying 200 RMB.
    THE SCHOOLS ARE LYING TO YOU.
    You should be on between 16,000 - 20,000 RMB per month plus pension - if you are not, then they are bumming you in. They are very nice about it, too. Of course, you are making the Boss rich - only you don't know it and are just glad to be helpful...
    Sort yourselves out and get a lawyer. Then you'll finally get it...

    ReplyDelete

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