Correct, you did not use the word illegal and being equally as picky as you are, neither did I suggest that you had used the word. If you read my posting again, you will see that much of it deals with the subject of cheating and breach of contract. You have not answered that in any detail because what I have said about it is right. Providing you fulfill your employer's scheduled requirements he cannot claim that he has been cheated because you perform similar duties for someone else. The rest of your time is your own and you are able to work for others on a part-time basis. Personally, I don't, but that is because I value my spare time more than the money I might earn working part time elsewhere.

An employer will have difficulty winning a claim for breach of an exclusivity clause unless he can prove that he has suffered some demonstrable loss as a direct result of you working for someone else. I accept that there may be occasional cases where, for example, an employee may fulfill his employer's work schedule properly and satisfactorily but may then work part-time for a direct competitor of his own employer. Under such circumstances his employer may have a justifiable claim but even then he has to prove his loss.

Furthermore, very few employers "bring" their employees to China. An employee who accepts a job offer whilst still in his home country usually receive an Invitation Letter from the employer and then have to pay their own costs for a Z-Visa at their nearest Chinese Embassy, plus a medical certificate at a place approved by that Embassy. Rarely, if ever, are any of the latter costs refunded by the employer and the employee's air fare to China is not usually refunded until at least half way through his 12 month contract and in many cases not until the end of it. In virtually all cases where an employee is hired in his own country, the employer's costs are limited only to that of obtaining an Invitation Letter and the courier costs of sending it to the employee. Yet the way you describe it suggests a major expense and logistical exercise on the part of the employer.

But what about 10 month contracts? These employers will usually renew the employee's visa and let him live in their accommodation providing he has renewed the contract for a further 10 months, but will not pay him a single penny of salary for the two months between working periods. These contracts also have exclusivity clauses and on the basis of your argument, the employee has to sit doing nothing and being paid nothing for two months? How does he eat?

There are also thousands of cases where the employee changes his job whilst already working in China. Then the new employer doesn't "bring" the employee anywhere except maybe will pay his train fare. He doesn't even need to bother with a Letter of Invitation.

Chinese employers do not "own" their employee's free time. The purpose of the exclusivity clause is not to stop the employee working for others - but to stop him working for others in any way that prejudices the employer's right to his performance of the duties detailed in the contract. That purpose is fair and reasonable.

But I ask you again - what about the Big Lion job offer? Is that fair and reasonable? Let's see you make some response in direct connection with their offer instead of playing 'Devil's Advocate'.

Dave