Ash Guilbeault
- 2013-09-21
I'm not sure if posting the schools contract is something you should be doing and I'm quite sure that if you were to pull that kind of of BS in our countries the consequences would surely be greater! We're given a lot of leeway as foreign teachers in China and by the sound of your thread you're abusing that leeway! I don't know Philip at all but I can say this, I am a Canadian teacher that has worked at Chicago International English for 3 years and I had a fantastic working experience. If you don't know how to teach as well as adapt to the system that you're in don't be there! I hate miserable foreigners that complain about everything in China and try to fix everything. I highly recommend this school and it's staff and I would especially like to single out Wang He in charge of student affairs, Chinese English teachers Summer and Kathy and CEO Da hai.
Turino
- 2009-11-23
5)air fare reimbursement, usually for a business class flight between Beijing and the major airport in your homeland nearest to your residence there,for a two-semester contract.For a one-semester contract,a single business class flight. You may be able to negotiate a payment of around 8 or 9000 Yuan in lieu of air tickets not required as a 'bonus' for foregoing your rights to reclaim for a return air ticket,on the basis that if you don't intend to return to your homeland,you're doing your employer a big favor financially.
I'm sorry for misinforming you in my last post.I should have said economy class flight(s) instead of business class.Please accept my apologies.
Turino
- 2009-11-22
Contrast a non-Al-Capone contract and appendix:
No.
CONTRACT
ISSUED BY
THE STATE ADMINISTRATION OF FOREIGN EXPERTS AFFAIRS
CONTRACT
I. Party A wishes to engage the service of Party B as . 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 the day of , to the day of , .
Ⅲ. The Duties of Party B (see attached pages)
Ⅳ. Party Bs monthly salary will be ￥ Yuan RMB, % of which can be converted into foreign currency monthly.
Ⅴ. Party As Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party As work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party Bs work.
3. Party A shall provide Party B necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party Bs salary regularly by the month.
Ⅵ. Party Bs Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
2. Part B shall observe Party As work system and regulations concerning administration of foreign experts and shall accept Party As arrangement, 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.
3. Party B shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Party B shall respect China s religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese peoples moral standards and customs.
Ⅶ. Revision, Cancellation and Termination of the Contract
1. Both parties should abide by the contract and should refrain from revising, canceling, or terminating the contract without mutual consent.
2. The contract can be revised, cancelled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out.
(2) According to the doctors diagnosis, Party B cannot resume normal work after a continued 30 days sick leave.
4. Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.
Ⅷ. Breach Penalty
When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $500 to 2,000 (or the equivalent in RMB).
If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party As consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.
If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party Bs return expenses; if Party A cancels the contract without valid reason, it should pay Party Bs return expenses and a breach penalty to Party B.
Ⅸ. The appendix of this contract is an inseparable part of the contract and has equal effect.
Ⅹ. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.
Party B shall bear all expenses incurred when staying on after the contract expires.
Ⅺ. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in the State Administration of Foreign Experts and ask for a final arbitration.
This Contract is signed at , in duplicate, this day of , , in the Chinese and languages, both texts being equally authentic.
Party A Party B
(Signature) (Signature)
合同编号：
合 同
国家外国专家局编制
合 同
一、 聘请 籍
（外文姓名） （译名）女士（先生）为 。双方本着友好合作精神，自愿签订合同并保证认真履行合同中的各项义务.
二、合同期自 年 月 日起至 年 月
日止。
三、 受聘方的工作任务（另附页）：
四、受聘方的月薪为人民币 元，其中 %可按月兑换外汇。
五、聘方的义务：
１、向受聘方介绍中国有关法律、法规和聘方有关工作制度以及有关外国专家的管理规定。
2、对受聘方的工作进行指导、检查和评估。
3、向受聘方提供必要的工作和生活条件。
4、配备合作共事人员。
5、按时支付受聘方的报酬。
六、受聘方的义务：
1、遵守中国的法律、法规，不干预中国的内部事务。
2、遵守聘方的工作制度和有关外国专家的管理规定，接受聘方的工作安排、业务指导、检查和评估。未经聘方同意，不得兼任与聘方无关的其它劳务。
3、按期完成工作任务，保证工作质量。
4、尊重中国的宗教政策。不从事与专家身份不符的活动。
5、尊重中国人民的道德规范和风俗习惯。
七、合同的变更、解除和终止：
1、双方应信守合同，未经双方一致同意，任何一方不得擅自更改、解除和终止合同。
2、经当事人双方协商同意后，可以变更、解除和终止合同。在未达成一致意见前，仍应当严格履行合同。
3、聘方在下述条件下，有权以书面形式通知受聘方解除合同：
（１）受聘方不履行合同或者履行合同义务不符合约定条件，经聘方指出后，仍不改正的；
（２）根据医生诊断，受聘方在病假连续30天后不能恢复正常工作的。
4、受聘方在下述情况下，有权以书面形式通知聘方解除合同：
（1）聘方未按合同约定提供受聘方必要的工作和生活条件；
（2）聘方未按时支付受聘方报酬。
八、违约金：
当事人一方不履行合同或者履行合同义务不符合约定条件，即违反合同时，应当向另一方支付5002000美元（或相当数额的人民币）的违约金。
受聘方因不可抗力事件要求解除合同，需出具有关机构证明，经聘方同意后，离华的费用自理；受聘方若无故解除合同，除离华费用自理外，还应当向聘方支付违约金。
聘方因不可抗力事件要求解除合同，经受聘方同意后，离华费用由聘方负担；聘方若无故解除合同，除负担受聘方离华费用外，还应当向受聘方支付违约金。
九、本合同附件为合同不可分割的一部分，与合同具有同等效力。
十、本合同自双方签字之日起生效，合同期满即自行失效。当事人一方要求签订新合同，必须在合同期满90天前向另一方提出，经双方协商同意后签订新合同。
受聘方合同期满后，在华逗留期间的一切费用自理。
十一、仲裁
当事人双方发生合同纠纷时，尽可能通过协商或者调解解决。若协商、调解无效，可向国家外国专家局设立的外国文教专家事务仲裁机构申请仲裁。
本合同于 年 月 日在 （地点）签订，一式两份，每份都用中文和 文写成，两种文本同等作准。
聘方 受聘方
聘方 受聘方
A typical appendix will mention the following:
1)teaching load per week,ie 16 x 50 minute 'teaching hours'per week.
2)dates of monthly salary payments,ie on the first Friday of each month.
3)paid holidays within the initial and final dates of the contract.
4)holiday travel allowance,usuaslly 2200Yuan.
5)air fare reimbursement, usually for a business class flight between Beijing and the major airport in your homeland nearest to your residence there,for a two-semester contract.For a one-semester contract,a single business class flight. You may be able to negotiate a payment of around 8 or 9000 Yuan in lieu of air tickets not required as a 'bonus' for foregoing your rights to reclaim for a return air ticket,on the basis that if you don't intend to return to your homeland,you're doing your employer a big favor financially.
6)Overtime payments should be mentioned.Make sure you negotiate them at a teaching hour rate above that which you are normally paid,and make sure it has stated that overtime is not compulsory,as you may not wish to do it.
7)Paid breaks for Xmas and NEW Year should be given to an FT.
8)1000 Yuan should be paid to you at the end of your two-semester contract to reimburse your medical bills,even if you haven't had any!
9)You can negotiate that your new employer should reimburse you the cost of for your medical and your residents' permit.
Finally, you'll note that each contract has its own discrete number,and that some private employers have adopted this contract and its appendix.
Contracts issued by many private employers are vague and make it too easy for you to be let go.Avoid such employers!
englishgibson
- 2009-11-22
Sorry to come with yet another negative post of mine, but i must join in to say WATCH OUT for this chinese CHICAGO INTERNATIONAL. I myself have applied and recieved a Al Capone Contract.
Here below are a few parts of the Chicago International teacher's contract that I've actually tried to negotiate (all fell on deaf ear) with Philip (not Al)
My request was as follows; "I do not know what the feedback contains and/or who would evaluate me there. Could you please send one of these feedbacks to me so that I know what I will work for?"Contract clause
Evaluations of the individual will be based on feedback from teachers and students
My following request was; "My appologies, but I was under the impression that I would teach teenagers and up, not "kids". Also, your corporate training is a bit of a surprise to me, a pleasant one as I enjoy teaching them. However, what are your academic materials that you use? And, if you do go to the companies, will you add the traveling time into my schedules and towards my hours worked? I really hope I don't have to be in the school, when I am not on schedule too.Contract clause
2. Work, Position, Tasks and Responsibilities
The initial responsibilities shall be specified in the Schedule 1 below. Including adults classes, kids classes, corporate training, marketing activities, TV appearances, lectures on or off site.
Would you pay extras for my lectures and TV appearances and then would you count my marketing activities into my weekly schedule and teaching hours?
Here above is the evidence that Philip has misadvertised the job position on esl teachers board and here is his reply to my above inquiry;Philip said;
Further more, here below I pointed out that Philip and the Chicago International teacher's Contract was not following the Chinese laws
My reply and request for Philip went as: "With all due respect to you and your company, I do not really think that you have a legal right to fingerprint me and I will not allow you to do so. Not that I am a criminal (with my family behind me, wife and one-year old son), to me it is a complete invasion of privacy. This is a teaching job, not a bank security or government one, isn't it? Confused or confusing Philip followed up, but not with his lawyer or knowledge of the Chinese or "Chicago" international laws; "They will make pay ment based on the sign in and sigh out. Everybody in the company do that.If you do'nt do that you can sign in and out every time when you come and go."Contract clause
Attendance Rules
1.Effective immediately there will be a sign-in-and-out sheet or a fingerprint time clock at the school. It is every Foreign Teachers responsibility to indicate arrival and departure times. Chicago pays each Foreign Teachers salary according to their attendance over the period from the 20th one month to the 19th of the next.
Here's another clause of the Chicago International contract where I pointed out some legal issues they (Philip) have
I tried to reason;"That makes me feel I will have to work for quite a few managers. Forgive me but it sounds like a case of too many chiefs and just a few indians. I hope you know what that phrase means there. By the way, according to the central government's labor law in China, you aren't allowed to "deduct" but keep it the same as long as a doctors note is submitted. Do you know that ??? Here's yet another confused/confusing Chicago's Philp's answer;"Most of the time the teacher doesn't come to teach and all the students sitting in the class waiting for him or her.Usurally they will tell the school earlier that he or she has been sick and could not come to teach,but some of them do not tell the school or anyone else.The school has got much troubles from the students and their parents.What will the school do if the teacher is dishonest."Contract clause
Illness must be reported to the relevant manager at the earliest possible time to allow for a classroom replacement. 60RMB is to be deducted from the months salary for each hour missed due to illness
Finally, after I tried to reason and negotiate with Chicago's Philip, he came with a Chinese saying replyright into my email box
Dear Matthew,I thought suddenly an old saying in Chinese for your reference.
签约双方表示，这种先小人后君子的方式可以更好地维护双方利益，最大限度地避免可能的纠纷。
The contracting parties that such "first person, gentlemanly" manner can better safeguard the interests of both sides, the maximum avoid potential disputes.Best regards,
Philip
Now, I am glad I have not chosen Shenyang Chicago International as that would have been my second in a row tragedy in China. You all watch out for these kinda schools/centers and managers that think they can create their own Al Capone gangs around China!!!
Cheers and beers to the few reasonable schools/centers around this apparently 5,000 years old country with 5,000 years old approach to employment contracts :)