Fellow Foreign teachers:(specially from the Philippines)
Weve received several mail messages and through YM some invitations to teach in a certain Gymboree school in Foshan, Guanzhou. During the daily conversation, they presented the schools offer and all other benefits. When I finally ask the black and white of the contract, they can't provide, but rather asked me to go to Guanzhou ASAP as they said, there they will give the signed contract. Prior to that they asked me to pay 8,000.00 yuan for the placement fee without shouldering the visa expenses and all other related documents. Im not that stupid to pay any amount unless proven some legalities of the contract and if the persons i'm dealing with were all authorized schools representative agent or recruiters. These two persons from the Philippines namely: Lei Romero of Antipolo and a certain Imelda from Urdaneta, Pangasinan (as what they introduced themselves) has been recruiting in the Philippines bearing the name of school (Gymboree). Two Philippine teachers paid 50,000 pesos each for them as what they said in the previous telephone conversation. Lei Romero is currently in the Phlippines busy recruiting teachers, while a certain Imelda is currently in Guanzhou waiting the recruited teachers from Lei. But the former denied her partner when I personally asked her if she knew the latter.
I hope the gymboree school will do something so will not use it's name by these illegal recruiters. Here is the telephone no. of a certain Imelda 0086-15976225030, and Lei Romeros YM I.D: lei_romero@yahoo.com,
Beware to these kind of people. To all Filipinos who have been recruited from these people and already paid, act now. If you think this is your dream come true, you're wrong, this will be your worst nightmare! Why? Check the copy of the contract below. You'll learn that you need to work for 40hrs. This is not the standard contract issued by the Foreign Experts Bureau. Below is the contract copy they sent to us, claiming its from Gymboree school, check it out!...
Employee Contract
A. Preamble
This employment contract is between Guangdong Foshan Gymboree Company (hereafter Party A) and employee ______________________ (hereafter Party B).
According to the stipulations of the Contract Law of the Peoples Republic of China, the Labor Law of Guangdong other relevant laws and regulations, and Party A Employee Handbook, and in the principle of equality and mutual benefits, the two parties reach this Labor Service Contract (hereinafter to as This Contract) through friendly consultation with respect to employment of Chinese Staff by Party B.
1) Hiring Period
1. Party A hires the employee for a period of about two years, commencing
from the date of arrival in China of the Employee.
2. This contract can be renewed by mutual agreement if both parties choose to
do so.
II) Job Title
1. Instructor
2. Position Adjustment: Party A will adjust Party Bs position and working
place according to company requirements and Party B personal ability. Party B has the rights to consult with Party A but should obey the order if Party B does not allow Party As suggestion.
III) Working Conditions and Labor Protection
1. Party A shall provide Labor Protection and Labor conditions in conformity
with the laws, decrees and stipulations of the PRC and provide working places and operating conditions in compliance with the states regulations.
2. Party A will offer any safety items if necessary according to national
standards.
IV) Working Hours
1. Standard work hours will be 40 hours (5 days) per week, 8:30am to 6 pm,
with one and a half hour each day for lunch. Party B needs to be able to work overtime when necessary.
Copyright 2003, Gymboree Co. Ltd.
2. Taking 5 business days or more of annual leave requires 14 days
Advance written notice to Party A. Unpaid leave for personal reasons may or may not
be approved, according to the needs of the company. Party A will not pay Party B during the period of working leave.
V.) Labor renumeration
1. Party Bs basic salary is RMB 5000_( including all the social benefits) based on national related rules and company actual situation in terms of Party Bs position, responsibility and skills. Party B shall pay individual income tax according to the law from Basic salary. Party A shall make deductions from Party Bs monthly salary as required by Law.
2. Party A shall compensate Party B for overtime working or give Party B the same time later as compensation.
3. Party B,will get basic salary pay at 15th of the following month. During the national holiday the basic salary payment will be the following working day.
4. Party A can change Party B salary when the time Party A implement new salary system or Party B changes title and position.
5. Salary adjustment will be on the premise of the companys revenue and Party Bs personal performance.
6. Party A has the right to readjust Party Bs salary on the condition that Party B leaves their position for any reason.
VI.) Company Training
1. Party A has responsibility to train Party B in the fields of professional ethic, specialized skill and labor discipline, etc. Party B has the responsibility to accept training offered by Party A. Both sides should sign a training agreement if Party A sends Party B to get specialized skill training paid by Party A. The training agreement will have legal priority if there is a disagreement between the labor contract and training agreement.
VII.) Social Benefits
( Take a look at Employee Handbook)
1. In case Party B gets sick or suffers work related injuries or death, Party A shall give Party B medical treatment according to the laws and regulations of the PRC.
2. Party A shall give Party B corresponding period and treatment to recover from sickness or work related injuries that requires hospitalization, according to PRC laws and the Employee Handbook.
3. Party B shall enjoy the yearly vacation with pay granted to an employee according to this contract, according to the Employee Handbook.
4. Party B enjoys national holidays, wedding leave, and death in the family with pay granted to an employee according to the laws and regulations of PRC and according to the employee handbook.
Copyright 2003, Gymboree Co. Ltd.
VIII.) Labor Discipline
1. Party B shall abide by the laws and regulations of the PRC.
2. Party B shall abide by company rules, company secrecy of Party A.
IX.) Cancellation of Employment Relationship
1. This contract will be terminated when it expires, except as according to Part I, Section 2.
2. This contract can be terminated or renewed when both sides agree.
3. In any of the following circumstances, Party B may be dismissed by Party A who shall informed thereon in written notice:
1. To be proven not up to the requirement for recruitment during the probation period: or to be proven unable to work in Party A due to Party Bs personal reason.
2. To seriously violate labor disciplines or the rules and regulations of Party A;
3. To be absent from work more than 3 days continually;
4. To be investigated for criminal activity in accordance with the law;
4. In any of the following circumstances, Party A can terminate this contract but must inform Party B of this in written notice 30 days in advance. Party A shall pay Party B the sum of economic compensation for dismissal or medical care treatment according to the law.
1. The change in companys organization structure ( adjustment or merge, etc) that may cause Party A to become over staffed.
2. Party B have diseases or work related injuries and cannot engage in their former work or suitable work or suitable work assigned by Party A upon expiration of the prescribed period of medical care.
3. Party a break down or at the expiration of the program.
5. In any of the following circumstances, Party B shall not be dismissed with exception of the stipulation in VIII 3/2 of this article.
1. To be confirmed to have totally or partially lost the ability to work due to occupational diseases or injuries suffered at work.
2. To be receiving medical treatment for diseases or injuries with the prescribed period of time.
3. To be a female during pregnancy, menstrual period or breastfeeding period.
4. Other circumstances specified by laws, administration, rules and regulations.
Copyright 2003, Gymboree Co. Ltd.
X.) Responsibility for breach of This Contract
1. Either party of this contract in breach of agreement in this contract shall bear the economic losses caused thereby to the other party.
2. Party A has the right to punish Party B because of the violation of related rules and regulation of Party A.
XI.) Settlement of Disputes
1. Any dispute arising in the course of implementation of This Contract by the two parties shall be settled through their friendly consultation.
2. If such consultation fails, it can be submitted to China International Economic and Arbitration Commission Guangzhou Branch or the Local arbitration court where Party A located for arbitration within 60 days starting from the dispute.
XII.) Miscellaneous
1. This contact is prepared in duplicate with each party holding a copy of both them having the same effect.
2. Supplementary agreements shall be reached in conformity with the laws and regulations of the PRC with respect to matters found to be not addressed in detail in This Contract in course of its implementation.
3. Both parties shall abide by special agreement and employee handbook.
4. This contract and all matters concerning This contract shall be subject to laws and regulations of the PRC. When articles of this contract do not correspond with the laws and regulations of the PRC, the latter shall prevail.
XIII.) Passport and Visa
1. Party B will shoulder the whole working permit and visa expense, while Party A will pay the annual renewal of the Visa.
2. During the contract period, Party A will hold the passport of Party B. If Party B need to use his/her passport, he/ she can borrow it from Party A. after the contract period if both parties agree not to continue the contract, Party B shall take back his/ her passport without payment.
3. In circumstances Part IX section 3, Party B may be dismissed by Party A, Party A shall pay back the expense of working visa mentioned above according to the contract period that Party B cannot finish.
Signature of Party As Representative:
Date:
Signature of Party B:
Date:
Passport:
Copyright 2003, Gymboree Co. Ltd.
This was sent in Msword format, but Ill keep it original for all concern people or victims. I guess Gymboree school is unaware of the dissimination of this contract by Lei Romero.
Note: the 50,000 pesos or 8,000 RMB was not included in the contract. I'm calling all the victims to stand against any abusive and illegal recruiters or agencies. If you are in the Philippines, please report Lei Romero to the nearest police station or at least blotter these kind of animals!!!