Friday, June 30, 2017

CFTU urges China Foreign English Teachers especially TEFL Newbies to uses this job contract template to avoid employment problems, abuse, & exploitation

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5 STAR PROTECTION FOR CHINA FOREIGN TEACHERS

Welcome to China! Let your adventure begin and get off on the right foot with your new employer. In order to protect yourself from being cheated or abused as an employee in China, we urge you not to sign the contract you are given unless you are working for a public school or university. Their contracts will be fair and legitimate. Most other contracts will be one-side, unfairly in favor of the employer, and deliberately ambiguous, vague, and unclear. To avoid future "misunderstandings" insist that the below contract be used.  It is fair for both the employer and the employee as you can see...

Employment Agreement

I.  Party A” __________________________________________, the direct employer and
 identified by SAIC Business license no:_____________________ and duly-registered with
 SAFEA in the city of ________________, China wishes to engage the service of
  _______________________________________ with _______________Passport No.
 ____________________________________as a full-time TEFL teacher, hereinafter referred to
 as “Party B”.  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
 without deviation. This agreement is made voluntarily in good faith by both parties
 which understand this contract is legally binding upon all parties hereto.
  
II. The period of service will be from the 1st day of _________ 20____ to the last day of August, 201____. 

III. The duties of Party B
     1. Teaching Chinese students in the English department ( a maximum of______ lessons per week, 50 minutes per lesson).
     2. Training Chinese teachers a maximum of _________ lesson hours per week.
     3. Helping Chinese teachers and students to improve their language level during paid classroom training, five days per week on ____________________________________________________.

IV. Compensation & Bonus
Party B's monthly salary will be ¥ _____________ Yuan (RMB), after taxes on the _______ of every month, for the work completed the previous month. Party A shall pay Party B a roundtrip

Page 1 of 6 Pages
 


airfare before the last day of this contract no less than $_______________. If payment is late more  than 24 hours, Party A shall Pay Party B $100USD fine for every day the wages are delayed. Party B will be paid for all national holidays and 2 months vacation time of July and August and one sick day per month, not to exceed 12 days per year. The Bonus is explained fully on attached Exhibit B.

V. Party A's Obligations 
     1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A's work system and regulations concerning administration of foreign experts.
     2. Party A shall conduct direction, supervision, and evaluation of Party B's work.
     3. Party A shall provide Party B necessary working and furnished housing or a 2,000 yuan housing subsidy allowance on each and every pay day.
     4. Party A shall provide a bi-lingual teacher's assistant 20 clock hours per week.
     5. Party A shall pay Party B's salary regularly by the month. 
6. Party A shall assign Party B to only one work location and provide a written work schedule two weeks in advance of any and all changes.
7. Party A agrees that Party B will have two consecutive days off per week which shall be every ____________________ and _____________________
8. Party A will not compel Party B to work any unpaid overtime nor participate in non-teaching (marketing) activities.

Page 2 of 6 Pages
9. Party A will not use the image(s) of Party B in any way without his/her express written consent.
10. Party A will provide Party B a release letter within 72 hours of employment termination free of charge no matter what the reason for termination. Failure to provide same will incur a 100,000 rmb fine for Party A by default.


VI. Party B's Obligations 
     1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
     2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work that complies with China law and which does not compromise nor forfeit any employee rights of employee B.
     3. Party B shall complete the tasks agreed on his/her written job description which attached as EXHIBT A and guarantee the quality of work.
     4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
     5. Party B shall respect the Chinese people's moral standards and customs. 
6. Party B will be punctual for all work assignments and have all lesson plans prepared at least 4 hours in advance of the actual classes.
7. Party B will remain clean, well-shaven, and professionally dressed for work in casual attire but all shirts must have sleeves and shorts are only allowed when temperatures exceed 20 degrees Celsius.  No sandals are allowed.
8. Party B must be polite and respectful to all students, their parents, and school staff.

Page 3 of 6 Pages
 

9. Party B will not smoke, consume alcohol nor use profanity on the school premises nor in the presence of our students.

VII. Revision, Cancellation and Termination of the Contract 
     1. Both parties will mutually abide by this contract and should refrain from revising, canceling, or terminating the contract without mutual written consent.
     2. The contract cannot be revised, canceled, or terminated with mutual written consent. Before both parties have reached an agreement, the contact should be carefully reviewed.
     3. Party A and Party B have the right to cancel the contract with a written notice to Party B under the following conditions:
          (1) If either party does not fulfill the contact or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after the non-compliance is pointed out to the other party via a written email.
          (2) According to the doctor's diagnosis, Party B cannot resume normal work due to a medical problem confirmed by a doctor in writing. 
 
VIII. Breach Penalty 
     When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of one month salary in US $ (or the equivalent in RMB) within 15 working days of the offense.
     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 its own return

Page 4 of 6 Pages
 
expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty fine of one month’s pay  to Party A.
     If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancel the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty of one month’s pay to Party B.
IX. The exhibits of this contract is an inseparable part of the contract and has equal effect.
X. 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 a 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.
XI. Arbitration 
The two parties shall consult with each other and mediate any disputes, which may arise about the contract. If all attempts fail within three working days, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Bureau of Foreign Experts and ask for a final arbitration.  Party B does not forfeit any of his legal rights to remedy in the Chinese courts nor his/her employee rights according to Chinese Labor Laws.

This binding agreement and attachment is signed and chopped in the city of ___________________________________ China, in duplicate, this ______ day of _________, 20_______, in the Chinese and English languages, both texts being equally authentic, verbatim, and legally valid. Both parties shall retain original, signed, and chopped hard copies of this agreement for future reference since this is the only agreement between these two parties.

Page 5 of 6 Pages

Party A
Signature _________________________________________, Principal/Headmaster for:
____________________________________________________________
Complete Chinese Name: ________________________________
School Street Address: ________________________________________________________________________
City: ____________________Province:_________________________Postal Code: ________________ Tel:___________________________
Email Address: ____________________@_______________._____

Party B
Signature _____________________________________ Full-Time Teacher
Passport No: _____________________Citizenship:_____________________
Tel: (_______) ___________________________________________
Email Address: _____________________@___________._____

END  OF  CONTRACT. 


Page 6 of 6 Pages
Note: This agreement is only valid if both parties sign and date all six pages and the attached Exhibt(s) _____, ______,______,______,______,and the company seal (chop) is on all ________ pages of this agreement and a copy of the Principal’s ID is attached as Exhibit ________.


Saturday, June 17, 2017

SCAM WARNING: Most China Foreign TEFL teachers are asked to sign illegal employment agreements by job recruiters and private learning centers. These contracts are not valid nor binding. Check YOURS today!

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Both China job recruiters and employers do not want you to know this. So if you don't want to anger your boss, or want to keep a "harmonious relationship" with your job agent or recruiter intact, you should stop reading now and go play a video game or take a nap.  

If however you are tired of being exploited and cheated or do not even know you signed an invalid contract (About 75% of expat contracts signed with TEFL contracts in China are unlawful and thus non-binding).Keep reading. But if you work for a public school or university in China you are 100% safe concerning your contract since they are highly regulated and very compliant with the law.

Here is what you need to know...

According to Chinese law, all employees must sign an "EMPLOYMENT AGREEMENT contract with only one party - Their actual direct employer.  It is illegal for you to sign an "employment agreement" with a China job agent or recruiter.  If you do so, that contract allows the agent recruiter/agent to skim huge amounts of money from your salary - often as much as 50% or more. https://www.scam.com/showthread.php?642187-The-Silent-Scam-Cheats-China-Expats-amp-Foreign-ESL-amp-TEFL-Teachers-Out-of-40-Of-Their-Wages

Legally, agents and recruiters can only ask you to sign a "service" or "fee agreement" and this is where you must be alert and smart. No such agreement should require you to pay a dime NOR AUTHORIZE ANY DEDUCTIONS FROM YOUR PAY. In China it is standard for the employer to pay any and all recruiter and agent fees. But the devil is always in the details, and if you do not read your contract carefully, you will get screwed. Here is one sample contract used by 11 different recruiters in China that are named for you at http://reddit.com/r/chinascamcentral. This is quite typical of a contract newbies are asked to sign, and many do so out of ignorance: https://myalbum.com/album/Qt6TWGP0olx3

NEVER ever sign a contract that is given to you on the spot. Take it home and read it thoroughly and ask a Chinese friend if the Chinese terms exactly match those in English. Of course, you should never sign a contract that is only in Chinese, and it is important that you only sign a contract that you agree with. If something is vague and unclear it was done so deliberately so your employer can take advantage of you and then simply say that YOU "misunderstood". Also, do not sign a contract in Chinese that does not have a verbatim English translation ON THE REVERSE SIDE OF EACH PAGE and be sure to sign each English and Chinese page. To be extra safe, put your thumbprint on each page as well.

Where you work (exact location) and your exact job description are important to include in your contract or you will find yourself working at many locations and spending at least 4 hours a day traveling on buses and subways between campuses, with barely 30 minutes for a lunch break!


Every single page of your employment contract needs to bear the signature of the employer and your own as well as the date and corporate seal (chop) of the employer. If you do not do this,pages of your contract will be swapped out at a later date, and you will be asked to hand out brochures in some mall or a hot street corner. If you complain they will whip out a copy of their Chinese contract and remind you that you signed off on it in your contract!

Do not assume that you will automatically be given a copy of your contract. You must demand "an original hard copy that is signed and chopped". Be sure that any Chinese who sign the contract both print and sign their complete legal Chinese name and not some fabricated name like "Rosie Tang" or "Jane Zhang". 


As to what should actually be included and excluded from your contract to protect you from abuses make sure all "hours" mentioned in you contract are "class hours" and not "clock hours".  Then look at these suggestions which most veteran teachers insist upon: http://www.chinaforeignteachersunion...-contract.html

If you ignore this post you will one day realize you were cheated out of money, benefits,or both. It will also be of great benefit to you to know and understand that you have 15 employee rights that willprotect you against employer exploitation: http://chinaschoolblacklistwhitelist.blogspot.com/2017/06/china-foreign-teachers-have-15-employee.html  There is no need to dance with the devil in China if you avoid TEFL recruiters and China job agents and remember the 90% golden rule:

"90% of China employers are honest, fair, and ethical, but 90% of China job agents and recruiters are not."


To be fair there are a few honest recruiters in China like Foreign HR, Gold Star, Mercer, Marsh, Hays, etc. but any recruiter who cannot answer these 7 simple questions can be assumed to be a scam artist or identity theft...http://opnlttr.com/letter/china-esl-tefl-teacher-school-recruiter-blacklists-name-389-scam-artists

If you still have doubts about your recruiter or prospective employer, check these blacklists to be safe and not sorry:







DO NOT SEND YOUR CONTRACT TO US UNLESS IT IS ILLEGAL. WE ARE NOT ALLOWED TO GIVE LEGAL ADVICE BY LAW.  WE CAN ONLY REFER YOU TO SOME KNOWLEDGEABLE  AND AGGRESSIVE LABOR LAW LAWYERS.




CFTU Annual Members Picnic & BBQ was a blast - Shi Du Campout & CS War Games Planned For July 1st Weekend

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For those of you who did not make it to Yan Qi Hu for the annual summer picnic and BBQ and don't want to wait until July for the next newsletter, there is a bombshell surprise waiting for you at the bottom of this post!  But until then here are the winners from our picnic competition...

VOLLEYBALL  (Best 3 of 5 games)

WINNER: Team True Blue
Brenda
Big Dave
Holly
Danny
Samir
Lucy
Denise

BUBBLE RACE

WINNER: Team Big Red
Gregg
Jaime
Sandra
Gwen
William G.
Nelson
Michelle

DRONE RACE:

WINNER: The Green Team

William C.
Lisa
Darby
Helen
Butch
Michael
Peter was disqualified (too drunk to participate)

SCRABBLE TOURNEY
(Stage 2 - Semi Finals)

Michelle 229 over Nelson 196
William C. 212 over Samir 188
Jaime 247 over Denise 245
Gwen 241 over Micahel 172

THE TSINGDAO CHALLENGE:

First Place:  Peter (12)
Second Place:  Phillip (10)
Third Place: Mei (8)

DRUNKEN BALLOON STOMP
(Recently Renamed Event Compliments of Peter)

The Undisputed Champion:  Philadelphia Frank

Our special thanks to Li Peng and Grace for serving up the best roast pig ever and delivering it so far for us to enjoy! (Yan Qi Hu does not allow open pit fires so they roasted the pig in nearby Huairou and drove it out to us - As per our motto, there is a problem for every solution!)

Now some sad and great news... One of our oldest members (Linda from Baoding could not join us this year as she had to go back to the states for chemo treatment since she had issues with the school that gave her fake medical benefits. Our high hopes and prayers join her back in Boston where we know she will get the best treatment. We already missed your great jokes at this year's picnic Linda so please keep us posted of your progress. We love you!

And speaking of love... following three years of denying their love-hate relationship, this is the moment our Co-Administrator Denise said "Yes" to Danny at the Hotel where she was lured under false pretenses her brother got lost and was waiting for her at the bar!  We still do not know the details of the wedding yet but we think Denise may now change her mind about going back to Livonia!  GONG XI- GONG XI!


Our Summer camp-out and CS Laser Tournament is planned for July 1st in Shi Du and members should get the details from this month's newsletter or contact Holly or James who are coordinating the event.  Then we are all off on summer holiday until we return for the Fall Semester. If enough of us are back before Labor Day we may take a weekend trip to Qingdao, Yantai, or Weihai, so keep in touch.