lovely lemming
- 2010-02-14
I think the contract is crap, your no degree situation is irrelevant, you should be treated well at a school or university regardless of whether you have a degree or not.
Here a a few things about the contract I do not like:
1) The school does not pay you during your vacation time ( winter holiday ), it is also unlikely they will pay you for summer vacation also. I have never worked at a school that did not pay me during winter or summer vacation. I think that is crap.
2) Party B ( you ) pays all the expenses himself. No, your employer should pay for gas, electricity, internet access etc themselves. You should not have to pay for any of this. You will pay for all the expenses? That is also crap.
3) Party B does not teach well. The STUDENTS or the PARENTS or the principal are not satisfied with Party B. This one is highly suspicious, from personal experience I can tell that this is the contract of a crappy training centre. Students and Chinese parents should never be judging/evaluating the teaching quality of FT's, as they are in no way qualified to do so. That is crap.
4) Party B has any accident or sickness, such as traffic accident or a fever. That is disturbing, the school should look after you in the event of any unforseen accident or illness. I highly suspect that the school has no insurance policy for it's teachers, it is the responsibility of the school to look after you when you are sick or involved in an accident. No responsibilty, the school will not live up to it's obligations, you should not work for them.
5) Any school that threatens you with any sort fine or penalty is a crap school, this is immoral, unethical and also illegal.
6) Back to fines, no, you should never pay any school or university in China 6000 RMB for breaking a contract with them. That is extortion, it is illegal, I have been threatened before for breaking my contract ( was asked to pay more than 6000 RMB! ), well , I told them to go stick the contract where the sun don't shine, then I just left.
TO ALL FT's, NEVER PAY ANY MONEY TO ANY SCHOOL OR UNIVERSITY IN CHINA AS A "BREACH OF CONTRACT" FEE OR A "FINE"
Nathan, I woulld not work for that school under any circumstances! The contract is not a standard SAFEA contract, it is a BS one-sided contract that is heavily in favour of the employer ( Party A )
You can find a much better school than this with a decent contract!
Nathan
- 2010-02-14
Here is a copy of the contract with the school, what do you think??
Have you got any suggestions?? I dont have a degree, so should i b grateful?
I. Party A wishes to engage the service of Party B as a full time English teacher. The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.
II. The period of service will be from January 30th 2010 to January 30th 2011.
III. Party Bs salary will be 6000 Yuan/month (After tax).During the winter holidays(15 days), party A will not pay Party B for these days.The pay day is on 10th of next month. If not a full month, the salary will be prorated ((monthly salary / working days that month)) x days worked). If Party B can not finish the contract, Party A will deduct 2000 Yuan from Party Bs salary as penalty, but Party A will pay Party B until the last working day. Party A will provide Party B free accommodation, well furnished, has TV, air conditional, washing machine, microwave, shower, furniture, heating, internet access. Party A will pay for the rent, Party B pays all the expenses himself. For the visa extension, Party A will totally pay for Party Bs visa extension. If Party B can finish one year contract, Party A will pay Party B 4000 yuan as airfare.
IV. Party As Obligations
1. Party A shall give Party B a specific timetable about the working hours and the details about the school and the students. If the time schedule has to be changed, Party A will tell Party B at least one day before. But the total teaching hours and office hours will be the same.
2. Party A shall pay Party B on time according to worked days. Party A will pay Party B visa for the time Party B works for Party A. If the contract is cancelled, for whatever reason, whether Party B is going to stay in China or not, Party B shall pay Party A the time Party B still has for his or her visa. The expense will be calculated as the expense of the visa/days of the visa Party A gets for Party B* the days left in Party Bs visa. Party A will only pay for visa expenses incurred in Mainland China.
3. The teaching hours will not exceed 25 hours per week.
4. If under below circumstances Party A can cancel the contract right away without paying any penalty and Party A doesnt have the responsibility to find Party B any further employment, but Party A shall pay Party B until the last working day, the contract expires automatically.
1) If in any given month, Party B doesnt show up class ten times without telling Party A before or telling Party A less than one day in advance.
2）Party B doesnt teach well. The students or the parents or the principal are not satisfied with Party B.
5. If Party B has any accident or sickness, such as a traffic accident or a fever, Party A is not responsible.
6. If Party A asks Party B to work over time, Party B may request to use those hours at any other point to take time off.
V. Party Bs Obligations
1. Party B shall write teaching plans, observe the schools work system and regulations concerning administration of foreign teachers and shall accept Party As direction, supervision and evaluation in regard to his/her work. Without Party As consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
2. Party B shall complete the tasks agreed on schedule and guarantee the quality of work. Party B shall put their cell phone in the office when he/she is teaching. Party B shall not physically punish the students or abuse the students.
3. If Party B has to ask for sick leave during work time, he/she shall tell Party A at least one day in advance, the salary will be deducted from Party Bs monthly salary.
4. If Party B has to ask for personal leave during work time, he/she shall tell Party A at least four days before; the salary will be deducted from Party Bs monthly salary. If Party B doesnt tell Party A or tells Party A less than four days in advance, Party A will deduct 500 Yuan each day from Party Bs monthly salary besides other salary reductions incurred.
5. If Party B asks to cancel the contract, Party B shall tell Party A at least one month in advance, Party B shall work until the last working day as per the agreement. If Party B cancels the contract without telling Party A one month before, Party B shall pay Party A 6000 Yuan as penalty besides the visa extension expense.
6. If Party B is late for work by more than 30mins, Party A will deduct 100 Yuan each time from Party Bs salary.