TEACHERS DISCUSSION FORUM
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#1 Parent Former FT in China - 2016-07-11
Re Probationary Clauses

I signed my first SAFEA contract in September 1994 after having initially taught with a Z visa, but no RP for 21 days. The SAFEA contract does not include any probationary clauses. It needn't because you are effectively on probation during the whole duration of your contract. That is because if the employer isn't happy about your work performance, he/she has the right to point out your failings to you and give you 14 days or so to improve. Should you still disappoint at that time, you will be fired.

A stipulated probationary period means you can be fired at a particular time without given the opportunity to improve. The probationary period clause favors your employer, not you. You have no right to give up your job at that time if you don't like working there. It's not reciprocal!

#2 Parent paul fox - 2016-07-11
Re Probationary Clauses

My advice is that if a job offer stipulates any probationary periods, bin it at once.

Oh Pleease! Even domestic contracts include probationary clauses. My advice would be to check the DURATION of that clause. One month is acceptable. During that first month you can walk without penalty, and they can fire you without penalty. You don't know them, they don't know you. Anything over one month, then I suggest you take Former FT's advice.

Former FT in China - 2016-07-10
Probationary Clauses

My advice is that if a job offer stipulates any probationary periods, bin it at once.

The SAFEA contract contains no such clauses!

Another thing I should mention about SAFEA is that that org is disinclined to deliver justice. You shouldn't presume its impartiality in the event of a dispute with your employer. It's been proved to be lame and anaemic.

And western embassies won't help you either.

The ball's very much in your court, but without reliable recourse to other bodies.You might well need to solve your work problems with your Chinese employer solely on your own. It can be done this way, and I advise you to do so if necessary.

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