Magister
- 2012-09-14
I agree with your comments and I wouldn't recommend a new teacher to try finding their own accommodation based on the points you made. However, this is the problem with trying to establish 'essential' conditions as opposed to personal preferences. I'm going to stick my neck out on the line and say that all teachers would expect to be paid in full and on time but beyond that things get a little less black & white and what might seem essential to a happy working environment for one person may not be so for another. A case in point would be the recent spat between two regulars over how essential it is to hold a 'proper' working visa.
foxy
- 2012-09-14
The fact that crap employers will lie about salary along with giving and taking different amounts from teachers depending on whom they like/dislike or depending on the teachers' age, background, ethnicity, etc. makes this a risky proposition.
Drag, you're on the ball, as usual! Nothing wrong with school accommodation, especially as it's at least rent-free, and possibly offers utilities free including central heating in winter/spring.
Dragonized
- 2012-09-14
I don't think it is essential for the employer to provide accommodation or be the signatory on the lease because some teachers prefer to find their own accommodation.
The problem with this is new teachers who don't speak the language will have trouble finding houses on their own. Even people who understand chinese won't necessarily want to go through the trouble of finding their own place immediately in a new city as they get settled in.
One thing to keep in mind is the fact that crooked employers will offer the same salary to teachers looking for their own place as teachers who choose to live at school or company accomodations. The fact that crap employers will lie about salary along with giving and taking different amounts from teachers depending on whom they like/dislike or depending on the teachers' age, background, ethnicity, etc. makes this a risky proposition.
Magister
- 2012-09-14
I agree with most points, perhaps with the exception of point 6. I don't think it is essential for the employer to provide accommodation or be the signatory on the lease because some teachers prefer to find their own accommodation. So long as both parties are clear about the arrangement then it just becomes a matter of personal choice. I dare say that a good contract would give you the choice of either staying in rent free school accommodation or living outside of school accommodation at which point a contribution towards rent is usually made.
The general problem in china at least is not that the conditions you stated aren't written within an employment contract or promised to teachers before they arrive because most of the time they are. It's the fact that those contracts and promises are often broken. The basic idea of contract law in china is not on a par with that of the west. It is usually that gap in expectations that causes the most problems between foreign employees and local employers rather than any single condition.
What are the essential conditions that teachers should insist upon ? There must be a minimum list that management must meet in order to hire and retain you as a teacher.
Any failure on the part of the school would be cause for the teacher to leave immediately without advanced notice. The teacher would only be required to indicate the time and date that the school violated the contractual terms.
1) The school must be registered and licensed appropriately with all relevant government departments.
2) The school must provide the appropriate working visa for the teacher (Z Visa?). The school is responsible to establish and maintain the legal status of the teacher in compliance with Chinese laws. The teacher may be liable in law with respect to the Chinese State but the school is responsible for this in terms of the employment contract.
3) The school must provide a schedule in advance for all wage payments and a list of the deductions to be made. This would eliminate the sort of monkey business that many people report where a school traps the teacher because they don't have the money to leave. This is important in the West as nobody should work for a company that can not meet payroll on the due date. In the West failure to meet payroll means that the business has failed and is effectively bankrupt. This is important for employees because secured creditors are paid before unsecured creditors (such as includes employees and pensioners).
4) I think that teachers should get a video receipt for their passport before they turn it over to a school for visa application purposes. This will be important if the passport goes 'missing'. The video should be saved on the Internet, out of reach of the employer.
5) The maximum number of working hours should be agreed to in advance and adhered to. You can always be a good employee and remain flexible to a certain point because we are all in the real world but abuse of this condition should be cause for the teacher to leave after a short warning period.
6) The accommodation provided must be clean, properly maintained and secure. All payments to the landlord are the responsibility of the employer. The landlord should be provided with a statement to this effect by the employer with a copy for the employee.
7) The employer may not enter the employee's accommodation without advance notice to the employee.
The employer has certain expectations that must be met by the employee. For example, intoxication in the workplace, or failure to report for work due to intoxication or drug abuse are almost always cause for immediate dismissal. In the more tolerant West, in some workplaces the employer may require the employee to participate in appropriate treatment through mandatory referral. Repeated abuse is cause for dismissal.
What others are there ?