The employer may restrict the employee from working for another company in the same capacity as it is conflict of interest or non-compete stipulation. However the employer may not restrict the employee from working as a private tutor as long as the employee does not solicit private students from the school or training center he or she may be working at and is not persuading students to leave or not enroll at the employers school or place of business. And as long as it does not conflict with the teachers' schedule or reduce the quality of the work performed. It varies from province to province. You need to read between the lines here: given the language of the device the employer has many, many, tools for reducing pay, cancelling documents, etc.. And what is flat illegal here in the device is the recovery of fees, salaries, denial of promised expenses, and veiled or implied threats.

A) 12,000 RMB for Shanghai is extremely low. Shanghai is expensive to live in.

B) China labor law: "The employer may not seek damages against their employees. Doing so incurs fines and penalties".

C) The employer may not restrict the employees wage earning to only its work for the employee.

D) China labor law: "Any threats against the employee immediately cancels the contract".

E) The teacher is not required to assist the employer in cancelling the experts certification or any other official documents for that matter. This is an attempt to paint the employee as: "A bad teacher who makes many problems". This is the sole responsibility of the employer.

F) China labor law: "The employer may not recover fees from the employee for the cost of doing business".

Good call on this contract: extremely bad. This contract is a bait and switch with arm-bending down the road.

Your contract is illegal, the SAFEA states that both parties should have a way to terminate the contract without any penalty.

Salary offer was 12k + 1700 housing in Shanghai.........

XX.
Cancellation and Termination of the Contract
All Parties shall abide by the contract and should refrain from revising, cancelling, or terminating
the contract without mutual consent.

1.
A minimum of seven (7) days’ written notice shall be given in the event that the school
wishes to cancel the contract only in the case where after two written warnings the teacher
still has not fulfilled the contractual obligations according to the terms stipulated by the
school or if the performance of the teacher has not improved.

2.
If a minimum of thirty (30) days’ written notice is given to the school wishing to cancel the
contract and
after getting approval from the school
, the teacher shall be entitled to receive
the salary for the previous month and the salary for the actual days worked up to the day of
departure for that current month. Otherwise, the school will not pay the previous month's
salary and the actual working days' salary for the current month.

3.
Furthermore, should the teacher resign, or his or her employment be terminated due to
teacher breach of contract, prior to the completion of the contract, the school will be entitled
to withhold the overall costs of obtaining the teacher’s visa, Foreign Expert Certificate (total
1000RMB), inclusive of fees that were payed by the school and paperwork that was done by
the school during the application stage. The amount shall be deducted from the teacher’s
salary prior to their departure.

4.
Any actions by the teacher that violate Terms 1-4, Section III or Term 1-4, Section IV of this
agreement will be considered as a unilateral breach of the contract. The teacher will not
receive the previous month's salary or any completion bonus. The teacher will bear all costs
of transportation back to their departing country and will be instructed to leave PRC
immediately. If the teacher is responsible for the breach of the contract, it is the teacher's
responsibility to bear all costs incurred by the contract breach. If the teacher does not leave
the country, they will be responsible and legally liable for all their actions.

5.
According to a doctor’s diagnosis, if the teacher cannot work after a continued thirty (30)
days sick leave, the school may terminate this contract after providing a written notice.

6.
This is a full-time position and any individual business is prohibited, including private
tutoring sessions within or outside the school. The penalty for breaking this rule is a fine of
50,000RMB, immediate termination of the contract and deduction of the remaining salary.

7.
The teacher is obliged to assist the school and cancel Foreign Expert Certificate and residence
permit upon the completion or termination of the contract according to the rules of the
security Bureau of China.

8.
The contract comes into force on the day
and automatically becomes invalid on the expiration day. Anyone who wishes to renew the contract must
submit written notice thirty (30) days prior to the expiration, and sign the new contract after
its terms have been agreed to by both the school and the teacher.