TEACHERS DISCUSSION FORUM
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#1 Parent Peter - 2010-03-31
Re: Subject To Medical? NO!

If I had been in Relative Newbie's shoes I'd have done exactly the same without having to think twice.
Given that many Chinese employers have no compunction breaking contracts they've signed with their FT's, I wouldn't dismiss any loopholes that were to my advantage in the English translation of the contract. If my employer tried to get out of an obligation by saying that the original Chinese version was different from the English version, I wouldn't accept his feeble excuse. Get what you deserve according to the contract in English by first discussing a dispute. If that fails, threaten strike action. Forget SAFEA, that body is not neutral. Never quibble about minor matters - the Chinese dislike wowsers.
Best to teach out in the sticks. Then you cannot be replaced quickly or easily. Get your job through an agent so that your employer will have forked out an introduction fee, which he won't be able to get back. He's invested in you -that's to your advantage. If he makes you walk, and he's got no replacement, he will have lost face bigtime. He'll never tell you that, but that's the true situation. In my experience, you'll be there till your contract expires. Then move on! Don't expect everything to be perfect, it won't be. Remember you're in China. You should take the good with the bad gracefully, but ensure the good far outweighs the bad by speaking out on major issues as and when necessary. Work in the public sector, if at all possible.

#2 Parent A-Z - 2010-03-31
Re: Subject To Medical? NO!

I would agree with what you said in regard to a medical. If it is not in the contract you should not have to take one. If it is not in the contract it is optional for an FT, not compulsory!

Anyway, who do the Chinese think they are, expecting foreigners to take medical examinations! I will do a medical in my own country if needed, not in some Chinese medical centre with arrogant, rude, racist, and incompetent "doctors"!

#3 Parent Relative Newbie - 2010-03-29
Re: Subject To Medical? NO!

With all respect due to you, I have not failed to realise anything since I have only reported what I personally have experienced and what is common practice in China - including the fact that normally employers do not state in their contracts the need for a medical the foreign employee has to go through as a part of the procedure. You should have done your homework before going there, man.

With all respect due to you, man, my employer should have done his homework re contracts. and offered me one to sign after he had asked me to take a medical, not before, given that there's no 'subject to medical' clause in said contract. So, he has blundered - I had known immediately when I signed!
Actually, I'm the first FT to have taught there, and he was so eager to sign me up that he overlooked what is standard procedure here, that is medical first, sign contract later. He even had a lawyer present to countersign when the contract was signed!
If I make a mistake, I'll suffer for it. If my employer makes one, why shouldn't he suffer for it too? - he ain't God, neither am I!
Chinese sign contracts with Westerners according to Western principles. Chinese contracts are written in similar ways to Western ones.
Update: The college FAO told me at the weekend that the PSB have changed their mind, and agreed to accept my four-year old medical. But I was required to take an HIV test, which I have already taken this Monday in the provincial capital. As soon as the result is available, I'll get my RP on surrendering the RP from the other city that still has 5 months to run, subject to my not having Aids! I'm very happy with the deal. I was told that the PSB were well rewarded by the college leaders for 'co-operating'.
As for the tone of your reply, it could be friendlier!

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