Monday, January 12, 2015

CFTU Urges 12 Contract Clauses For All China Foreign ESL, TEFL, AP Expat Teachers To Avoid Abuses

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Although the number of scams that target foreign teachers in China has dropped by 7% since 2014, the sophistication of the latest contract frauds is causing more teachers to lose more money - as much as 40% of their income as one Shanghai teacher demonstrated at this link...

The truth is that most new arrival employees to China simply are innocently ignorant of Chinese labor and contract law and they mistakenly assume it must be the same as back home. Big mistake. Almost every employer in China wants to pay you less money - not more. In fact, they want to pay you as little as possible, and that is why they team up with hundreds of unethical China job recruiters to pull off what we all refer to as China's "SILENT SCAM" which is explained here quite well:

The only way to avoid this gratuitous skimming of your pay, is not to sign one-sided, nor ambiguously vague employment contracts that basically waive your employee rights. To do this you must insert at least six clauses into your contract and line out others that may be lurking there. The most important clauses are listed below.

* Party B does not under any circumstances waive his/her employee rights and labor board protections, and retains the right to seek legal remedies in the courts of China.

* Party B shall not be compelled to do any non-teaching work for Party A.

* Party B shall be compensated for all overtime hours worked in accordance with central and provincial laws.

* Party B shall not be compelled to provide testimonials or his/her image for any public display purposes by Party A.

* Upon termination for any cause, Party A will provide Party B a release letter within 10 consecutive days of termination, at no cost.

* Existing lesson plans, teaching materials, and ppts of Party B are proprietary and may not be copied nor used without express written consent.

* Party B agrees to work exclusively at one campus located at __________ for Party A.

* Party B is not liable for any fines nor other penalties if this employment agreement is breached by Party A.

* Party B at all times reserves his right to to legal remedy and recourse through the appropriate courts as provided by law.  

"Party B shall be reimbursed for any and all visa costs including related transportation costs if required to travel more than 10 kilometers to obtain a new visa."

"Party B shall not be asked to expend his/her own funds to purchase any class or teaching materials."

"Party B shall be provided the same two back to back days off every week".

Inevitably someone will tell you "Chinese law does not allow you to change anything on our contract".  This is total BS.  Ask them to show you the law.  If they show you something from 1995 ask them to show you the newest most current labor law signed by President Hu Jintao on May 1st 2008 and the two most current amendments signed by President Xi JinPing in 2012 and 2013. Their deception about this should be a big red flag about your prospective new employer. Do you really want to work for someone who tries to cheat you before you even report for work?   Your call.

You should also also know that if they ask you to sign any contracts in Chinese, you must be given and "Exact & Verbatim Copy in English" and make sure you get signed, sealed, and dated original copies of both English and Chinese versions. If you fail to do this you will surely be exploited.  If you want to learn more about China Labor Laws and your employee rights, attend one of our local seminars or workshops in Beijing, shanghai, or elsewhere. 

Here They Are!

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