One final response, Mr Turino.

1) An employment contract sets out the nature of the duties required and the amount of pay and benefits etc. This part of the contract is usually set out quite clearly and precisely. Once those duties have been performed, the employee's free time is his own and the exclusivity clause would not apply. The employer has no rights to control his employee's free time nor to dictate what he shall/shall not do in his free time as long as the employee does not break the law of the land.

2) If an employer fires an employee for working for someone else after the employee has fulfilled his contractual working duties, the employer may be liable for legal action for breach of contract himself, as he can prove no loss, expense, or other detriment due to the exclusivity clause being 'breached' The purpose of that clause is to reasonably protect the employer against loss and expense that might be caused if an employee performs work for someone else at times when he should be physically working for his employer. Thus when he has fulfilled his employer's duties there is no likelihood of this happening.

3) There is no question of 'cheating' as the purpose of the contract is not to restrict the employee's rights but to form the basis of an agreement as to what each party shall do for the other. I repeat - Once the employee has fulfilled his working duties his free time is his to do with as he pleases.

4) Thousands of foreign teachers in China perform teaching jobs for other schools 'on the side' without depriving their employer of anything at all. Thus the employer cannot claim he is being cheated simply because his employee uses his own spare time to earn extra cash. What is the employer losing by this? What cost is he being put to by this? All his costs (salary, accommodation, fares, utilities etc) are costed into the pay and benefits package offered to the employee and after he has performed his duties he has fulfilled his contract. So what exactly is the employer being cheated of? Answer - nothing!

5) How many foreign teachers do you hear of being caught by the PSB? How many do you hear of being fired for working elsewhere? In all my years in China I can count such examples on the fingers of just one hand. Working elsewhere is not policed nor enforced to any significant degree, for it is something of a grey area.

6) You say (quite rightly) that my honesty or lack thereof is none of your business - but does the same comment apply to the honesty or lack thereof of all other foreign teachers - if so, why are you writing all your verbage at all? For if what I do is none of your business, neither is what they do and thus you shoot yourself in the foot for jumping in where you readily admit you have no business to be.

That is my last word on this issue - of course, you will doubtless insist on having THE final word and if that is your choice, then please enjoy.

Dave