TEACHERS DISCUSSION FORUM
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Dave - 2009-09-18
Holiday 'Adjustments'

This may interest Turnoi, who has commented on an earlier issue I raised in this forum.

The subject herein is: Expecting teachers to work Making up days on rest days and weekends to repay the employer for declared future holidays.

Example. The holiday declared on the school calendar from September 25th to October 9th is said to be somewhat longer than public schools have in the same Province, so the employer has declared on the same calendar that we must work three Saturdays to make up for the overage. No reason stated on the school calendar for this, but in a reminder memo the foregoing reason was stated. Can they do this? Can they declare a holiday on one hand and then take it away bit by bit over a period of time with the other hand?

Moreover the additional working periods consequent on that requirement take the periods taught in both those weeks, to 25 classes, which is noticeably in excess of my contractual responsibility to work 20 classes per week. No mention of overtime pay for these extra periods.

Is this permissible in China and if not, should I take this, first to the PSB, or to the State Bureau of Foreign Experts, and should I engage a lawyer too?

Another incident if I may:

A scheduled long weekend for the entire school was scrapped by the Principal because of an H1N1 outbreak in a nearby city. I had made arrangements some six weeks in advance, well known to the school, to travel to visit a new employer and have a PSB interview. This visit had been arranged so as to coincide with the long weekend so I would lose no working time.

My present employer raised no objection to me continuing with that arrangement and I missed eight classes that were restored to existence by the cancellation of the long weekend. Are they entitled to either - require me to make up those classes - or to lose pay for them. It was their decision to cancel the break which was done at short notice and my contention is that although they may have been acting within their power and with the best interests of the students at heart, they nevertheless changed the contract by canceling a long-declared period of holiday. In my opinion those classes are a casualty of their decision and thus any loss or expense so caused, should be borne by the school and not by me.

Any advice or comments please?

Dave

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