TEACHERS DISCUSSION FORUM
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#1 Parent DublinDave - 2016-03-24
Re Contract advice

I don't particularly want to mention the schools name. The province is Jiangsu.

#2 Parent claire - 2016-03-23
Re Contract advice

Hi Dave,

which city and school is the contract for?

:)

Claire.

#3 Parent AndrewPEK - 2016-03-21
Re Chinese contract red flags

The health check is normally arranged by the recruiting outfit or school AFTER you arrive in
China. Ask if they'll reimburse you for the expense.

Not anymore.

If you are applying for a z visa outside of China then your school will have had to obtain you an invitation letter. This requires the results of a health check exam to be uploaded electronically to SAFEA.

This procedure then has to be redone when you arrive in China to satisfy a Government requirement that it has been carried out by Chinese doctors.

Our school follows a similar stance, they will not pay for the health check when it is being done in your own or a third country but will for the China side of things. I don't regard that as nickel and diming per se.

a seven page contract is really excessive

Ours is eight pages and I am at a top school in Beijing. A recent one I saw from a top international school was over 10 pages including an appendix. Not as unusual as you suggest.

Overnight stays by guests depends usually on your relationship with the head of the faculty.

It depends on where you are. Some schools, particularly Government ones and ones in areas where the local powers at be consider morality a big thing can be strict.
We are not allowed overnight stayers unless they are immediate family if we are staying on site. Those who live in their own apartments have no problems so long as they register their guests with the PSB.

And be advised from a law practitioner that your Chinese language contract will supersede your English contract

Probably. I have never had need to worry about it in eleven years. It is point of fact though that you will have to sign another contract which is either all in Chinese or a combination of Chinese and English. All provinces require this.

#4 Parent DublinDave - 2016-03-21
Re Chinese contract red flags

The health check is normally arranged by the recruiting outfit or school AFTER you arrive in
China.

Incorrect. The health check has to be done nowadays before arrival in China as they need this as one of the documents to provide you with an invitation letter. If they do it after arrival then they are not providing you with a z visa.

Did you research the name of the school or
recruiter?

Absolutely. I did not use a recruiter. I spoke to three of the fifty seven foreign teachers already at the school. I was interviewed by the Vice Principal who is Canadian. The only Chinese person I have spoke to so far has been a HR assistant.

Overnight
stays by guests depends usually on your relationship with the head of the faculty

Perhaps, I mean of course you would know. I am sure you are well intentioned with all your red flag stuff but if I was a HR person on the receiving end of your multitude of stuff I would simply file your application in file 13, aka ' the bin '.

Further correspondence with the teachers there have said that because a lot of the foreigners are married with families, they have tried to discourage overnight guests who are not immediate family within the on site dedicated accommodation. Apparently this rule does not apply to those living off site but this is few and far between as it is at your own expense.

#5 Parent BG Stephens - 2016-03-21
Re Chinese contract red flags

The health check is normally arranged by the recruiting outfit or school AFTER you arrive in China. Ask if they'll reimburse you for the expense. Funny a big named tier 2 city international school is nickel and diming you over a health check. Convinced your well known international school is integrous? Did you research the name of the school or recruiter? And be advised from a law practitioner that your Chinese language contract will supersede your English contract and a seven page contract is really excessive. Also sending a contract back for revision is a normal process in negotiations. Overnight stays by guests depends usually on your relationship with the head of the faculty. Make friends first and ask for favors later. Sounds like you have all the answers. Good luck.

#6 Parent DublinDave - 2016-03-21
Re Chinese contract red flags

The contract I received was all in English, although I have been told I will have to sign a Chinese one as well later as SAFEA require it for my Foreign Experts Book to be issued later.

I don't doubt the schools integrity. They are a well known International school paying big bucks. What I asked was is it normal to pay for my own health check if I am not in China? Subsequent investigations lead me to believe it is, although I am shocked it looks like it is going to cost me over 300€ to do it. I also sought an opinion on whether it is normal to not be able to have visitors to my apartment. I asked the HR office and they said 'visit' is okay but 'overnight stay is forbidden'. The accommodation is within the school grounds anyway so perhaps that is why. This is a tier two city not some backwater.

Whilst your advice is useful, I think advising people to send their contracts back because they have a Chinese element is ill conceived as even at a top International School they have to submit a Chinese version. If you were to be pedantic about it, the Chinese version would set precedence legally anyway.

Short of pasting my whole contract here (seven pages) I will have to make up my own mind. I asked for clarification on the key points I thought were unusual not some propaganda from the CFTU, CTU (or whatever they call themselves these days) brigade.

#7 Parent BG Stephens - 2016-03-21
Chinese contract red flags

1. Chinese characters in the contract sections. Unless you have an education in writing Mandarin

send the contract back and ask that the contract be only in English. They will always say the

items match but there is no way for a teacher to know that for sure. In fact what is written can

actually contradict what is written in English or give conditions which cannot be met or are

unknown.

2. Salary should ALWAYS be after tax. Make sure you specify this in your salary request. Many

have complained about how low their salary is on paydays. By law you are supposed to get an

itemized list of the taxes taken out but don't count on it. Some outfits actually deduct double

the required taxation and the teacher has no recourse.

3. Long probation periods. By law in China probation is only 30 days. There should also be no tie

to salary during this period. Ex.: "Salary of 10,000 RMB per month during probation and then

salary raised to 12,000 RMB per month after". Guess what? Your probation will be extended to

avoid paying you the higher rate. Some contracts ask the teacher to be on probation for as long

as six months. This is about the time of a teacher's useful shelf life to the school after which the

school will re-assess the budget and don't be surprised if you're told you didn't pass probation

and you're released from your contract.

4. Salary that is tied to bonus structures or conditions. Salary should be paid straight every month.

Ex.: "10,000 RMB per month with a 2,000 RMB attendance bonus or performance bonus".

No the salary is 10,000 RMB per month and it will be guaranteed that you won't qualify for

the bonus ever. Also contract completion bonuses that can easily be undermined by simply

telling the teacher in June of the following year that the school wants the students to concentrate

on studying for their exams in July. Guess what you didn't complete the contract so no bonus.

5. Find out how much you're being paid in your own country's currency. Use an online currency

converter to determine exactly how much you're being paid. Ex.: 6,000 RMB sounds great

until you find out it's only around $1,000 U.S. dollars. You have to live there meaning you'll

be buying food, cleaning supplies, etc. Always deduct the salary by 25% for living expenses

and then you'll have a clearer picture of how much you'll be making or saving.

6. Floating paydays. Ex.: "Payday is from the 10th to the 15th". With weekends or holidays you

might not get paid for two or three weeks. It will be a waiting time even if your payday is on a

particular date.

7. "Apartment allowance" as opposed to "free apartment provided". Beijing and Shanghai are

extremely expensive to live in. Often you'll see offers such as 1,500 to 2,000 RMB per month

for rental allowance. This does not cover things like: internet, utilities, or garbage pickup.

Also deposits can be very high as well. The rental of apartments in the above cities can be as

high as 5,000 RMB per month or more. The places you can rent for the allowance mentioned

are usually slum type.

8. "Travel reimbursement" as opposed to "Travel allowance" or "we arrange the travel". It should

always be travel allowance not connected to any performance or attendance qualification.

A teacher could spend as much as two to three thousand U.S. dollars with connecting flights

not arranged by the originating airline, hotel stays, ground transportation, food, etc.

The city you may be going to may not have an airport nearby or be a great distance from the

airport you land at. You may have to arrange for train travel. Travel allowance should be

a minimum of 6,000 RMB but really should be around ten to twelve thousand RMB.

9. Visa fees and expenses. A good outfit will offer to pay for the expenses for obtaining a visa: fees,

travel, and hotel. Food is on the teacher as well as local transportation. Sometimes the outfit

will cover travel from the airport to the hotel. Ask.

10. Nickel and dime reductions. Look closely for sections that deduct pay for certain things:

performance, activity participationl, "popularity wordings", etc. The only things that should ever

be deducted for are days you take off for personal things and usually unless it's several days a good

outfit won't deduct for one or two days. Straight salary paid every month.

Posted with permission from the CFT Watchers website.

#8 Parent paul fox - 2016-03-20
Re Contract advice

I guess it means you can't have anyone else LIVING there. Some schools get a bit 'itchy' over 'girls' - especially if you are bringing a different girl back every night (so to speak)

If you have a 'steady girlfriend' then there is no reason why the school shouldn't allow her into your apartment. After all, it's your PRIMARY residence!

DublinDave - 2016-03-20
Contract advice

Hi

I am a newbie and am in contact with a school for a new start in the fall. The contract I have received seems fine, I just want some advice about the following clauses which I have copied and pasted below. For those of you experienced do you think it is reasonable? I was a little taken aback by the hard line on visitors. I was hoping I could have my girlfriend visit on the odd occasion. Also the clause about having to pay for a medical exam because I am not in China now, is this normal?

Thanks in advance for your help. Much appreciated.

Dave

Processing of Visa, Residence Permit and Alien Employment Permit

All employees are required to hold the appropriate PRC work and residence documentation, including visa, residence permit and alien employment permit as a condition of his or her employment by the School. The School will arrange for and pay the cost of a letter of invitation, alien employment permit and residence permit with respect to a multiple entry visa for each Academic Year of the term of employment. The Employer will be responsible for the cost of any medical examination or diagnostic procedure that the PRC may require as a condition of the residence or employment or in maintaining continued residence and employment where such an examination is carried out within the PRC.

The Employee will be responsible for all the costs involved in any medical examination or diagnostic procedure that the PRC may require which is carried out outside of the PRC.

The Employee agrees to submit to any medical examinations or diagnostic procedures that the PRC may require as a condition of issuance of such documents.

The Employee is responsible for the cost of arranging and carrying out police checks and the travel costs incurred as a result of obtaining such checks whether or not these are carried out within or outside the PRC.

The Employee is responsible for all costs involved in the issuance or renewal of the Employee’s passport, the translation of the Employee’s documents if obtained from outside the PRC and any legalization or authentication of documents for the purpose of submission to PRC authorities.

In order to process your resident permit the Public Security Bureau require that you produce the original or officially authenticated copy (this being carried out an an authorized place or by an authorized agency as directed by your local PRC Consulate) of your degree and criminal record check. These documents must exactly match those documents provided to the authorities for the purpose of obtaining your letter of invitation and initial ‘z’ visa.

If subsequently you are unable to produce these documents within fourteen days of arrival, your employment will be terminated and you will be charged a visa processing fee of 3,000RMB.

Accommodation

The School will provide the Employee, while employed with the School, with furnished accommodation, to be assigned by the School, and a monthly utility credit in the amount of three hundred (300) RMB to be applied against utility charges billed directly to the School. The Employee will be billed for monthly utility charges in excess of this amount.

The Employee is expected to use the assigned accommodation as his or her primary residence in China. The assigned accommodation is provided to the Employee on the understanding that it is for the sole use of the Employee and on the condition that the Employee will not allow another person to occupy it for any period of time whatsoever.

Failure to use the assigned accommodation as the Employee’s primary residence, or allowing another person to occupy the assigned accommodation will result in forfeiture of the assigned accommodation and is cause for summary dismissal.

Local Public Security regulations strictly regulate the provision of accommodation to foreigners and as such The School is bound by these regulations.

An employee who is not returning for the next Academic Year, or who is being assigned different accommodation for the next Academic Year will be required to vacate the assigned accommodation within seven (7) days of the end of the Academic Year.

In the event of The Employee having been accepted for a new school year, he/she will have access to the accommodation during the summer vacation upon receiving written confirmation from a person of at least Vice Principal status.

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