Chinese Contract Info Request

[Raoul Duke]

Hi Kids!

I am soliciting info on contracts from ESL teaching venues in China.

Please note that this is not intended to be a venue for bitching about the way you were treated at a school! Rather, we're looking for general impressions of the wording, the way they work, things to watch out for, and so on. In a nutshell: How do contracts work in China, at least theoretically? What should a newcomer expect from a contract here? If you have the actual text of contracts, that would be great. Otherwise just a summation is good enough.

If the wording of a contract has led you to disputes and problems, that would be an appropriate thing to discuss here.

This info has been requested by our friends over at English School Watch (http://www.englishschoolwatch.org). We'll definitely keep the info up here at the Saloon, but it may be made into a digest form and posted there, with names of specific schools and people edited out for anonymity.

We'll make sure you get credited for generally contributing if your info gets posted there.

Thanks,
Raoul

[burlives]

The following text is copied from www.anesl.com/doc.htm

I copied instead of simply linking because that which I have copied is the standard text I have seen in every contract thus far, but the rest of the appendix stuff at anesl is vastly more detailed than I have ever seen in any appendix. Appendicies have of late begun to be itemised lists of such apartment contents as may be provided and some lists of possible fines for various not-doings of things.

(I suspect that the provision of such fines may be illegal in some sense. I have yet to have an employer fine me though the signed contract in some cases explicitly allowed it. Breach penalties are taken much more seriously, however.)

The one difference I note is my contracts usually have said "in the spirit of mutual cooperation...". Also, in practice, I have rarely seen a contract signed in duplicate or in the presence of the co-signatory.

---

(All documents from the State Administration of Foreign Experts Affairs,P.R.of China)

CONTRACT
(SAMPLE)

â… 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 fufil conscientiously all the obligations stipulated in it.

â…¡The period of service will be from the______day of______,20__ to the ______day of______,20__

â…¢ The duties of Party B (see attached pages)

â…£ Party B's monthly salary will be ï¿¥_______ yuan RMB,__ % of which can be converted into foreign currency monthly.

â…¤ Party A's Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A' work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B's work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B's salary regularly by the month.

â…¥ Party B's 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. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A's 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 people's moral standards and customs.

â…¦ 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, canceled, 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 doctor's diagnosis, Party B cannot resume normal work after a continued 30 day 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.

â…§ 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 A's 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 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 B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.

â…¨ The appendix of this contract is an inseparable part of the contract and has equal effect

â…© 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.

â…ª 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 Affairs and ask for a final arbitration.

This Contract is signed at_____________ , in duplicate, this_____ day of _______,20__, in the Chinese and _______ languages ,both texts being equally authentic.

Party A Party B
(Signature) (Signature)

[tom]

Contract, conflict, two parties, where do I sign?

[burlives]

â…¢ The duties of Party B (see attached pages)

This one could stand some fleshing out. Often there is some clause that allows for the school to direct the teacher to accept more classes than otherwise stipulated, though in practice it has never happened to me.


â…£ Party B's monthly salary will be ï¿¥_______ yuan RMB,__ % of which can be converted into foreign currency monthly.

In practice, the conversion happens by the semester, especialy if one is officially earning more than 4000 a month.


â…¤ Party A's Obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A' work system and regulations concerning administration of foreign experts.

Sometimes this is a friendly chat; other times it's a hammerering from on high. A really shocking change came over one FAO at a buffet lunch one time when she had to make the leap from affable, intelligent, well-educated conversationalist to head-kicking, authoritarian FAO.


2. Party A shall conduct direction, supervision and evaluation of Party B's work.
3. Party A shall provide Party B with necessary working and living conditions.
4. Party A shall provide co-workers.

Oh, yeah?

5. Party A shall pay Party B's salary regularly by the month.

Yep, usually.

And so on. The rest I've never had cause me difficulties, except insofar as various officers and appointees have attempted to impose some kind of order on what is taught and when.

[tom]

I've come to believe that contracts signed in China are not the same as ones signed in the US. No more handshakes and your word is as good as your name. I miss that kind of trust. I was born too late.
Stick up for yourselfs boys, and don't hit anybody.

[tom]

"Yourselfs" Another new word.

[Sunaru]

At my last school I wrote the appendices for the contract. Slightly different wording that the chinese did not take into account as they have no eye for detail or critical thinking skills on the whole and it did save me from losing 6000rmb at the end.

Remember you are the valuable commodity and are in the position of power when it comes to dealing with them on contracts and such.

And hitting people works.

"Violence is a necessary part of life here"

[Raoul Duke]

I've done this a few times too.
And this refers both to writing my own appendices and taking my umbrella, The Neige-Nokka, upside a few heads.

[Raoul Duke]

One little trick I'm currently encountering with Chinese contracts involves the administration of holidays.

Some schools will only write a small number of hours into the contract, but verbally promise you a larger number. Although they will repeat the promise over and over, and they may well indeed schedule you into the promised number of hours, they will stubbornly refuse to put these additional hours in writing.

Here's why: Some Chinese holidays, especially Spring Festival ("Chinese New Year") and the Summer break, can stretch on for weeks or months. Chinese contracts will generally promise receipt of your base pay over these holidays...and under the verbal system they only have to pay you the low number of hours.

As a result, you can find yourself going for very long stretches on a much lower salary. The Chinese will refer to this as "Flexibility".

When signing a contract here, be sure and consider the impact of these long holidays upon your budget. This is much more of a problem with public schools and universities, although the privates can also have a fairly long Spring Festival break.

[burlives]

I was cleaning out my email box and came across a contract. It's happened more of late that FAOs send out blank contracts for you to look over as part of the recruitment process. Anyway, this one is fairly standard but includes one of those lengthy appendicies that seem to be more a feature of contracts in these here eastern provinces. There's a chamerpot on offer but the downside is you can be fired if you steal. Steal what, I don't know, but curse this intrusion into my liberties as an untouchable!



Appendix
The three appendixes are the supplements of the contract and have the same equal legal effect.
Appendix 1
Foreign Teacher Housing Facility

Party A provides Party B with an apartment of approximately 40-50 square meters furnished with
1. air conditioning
2. refrigerator
3. color TV set
4. washing machine
5. drinking water machine
6. water heater
7. oil-smoke drains machine
8. gas stove
9. two gas bottles
10. curtain
11. bed
12. desk
13. closet
14. telephone
15. sofa and tea several
16. television cabinet
17. western-style chamberpot
18. two sets of bedding
19. bookshelf
20. showing
21. spring mattress
22. clothes rack
23. kitchen utensils (pot, teapot, cups, bowls)
24. chairs

Requirement:

Party B should take care of the facilities and furnitures provided by Party A and observe the operating process. In case of any damage to the facilities and furnitures, Party B should compensate according to its initial price.

Party B should save water, electricity and protect fire. When Party B leaves room, please switch off any electronic appliances such as air conditioning, television, lights and so on.





Appendix 2
Teaching Requirements for Party B at XXXX College

1. Party B hereby agrees and accepts to fulfill a teaching calendar and prepare a teaching plan before the beginning of a course. The teaching calendar and teaching plan are required to be presented to the dean of studies, and with his/her approval Party B can start the work.
2. Party B hereby agrees and accepts not to use materials or introduce topics related with sensitive internal affairs of Chinese government.
3. Party B hereby agrees and accepts to pay attention to his/her personal appearance and make sure he or she wears neat clothes, use standard and professional terminology in teaching; to be friendly to students, fellow teachers and Chinese colleagues and not insult them in words or actions.
4. Party B hereby agrees and accepts not to be late for class nor leaving class early. Due to sickness or important matters, Party B accepts and agrees to ask for leave from the dean of studies by fulfilling an application form of suspending/transferring lesson and getting the approval from the dean of studies. Party B agrees and accepts not to suspend, transfer, adjust or take over a class for an absent teacher without authorization.
5. Party B hereby agrees and accepts to close the mobile phone when having a class and check student attendance and make records of students roll book. Party B understands the responsibility of carrying on management on classroom discipline and maintain the good order of the classroom. Party B also fully understands the obligation of reporting work to the dean of studies regularly.
6. Party B hereby agrees and accepts to assign the homework according to the teaching plan, supervises students to submit the homework in time and correct the homework conscientiously. The result of homework should be kept in the teaching notebook.
7. Party B hereby agrees and accepts to have at least two office hours per week at the school and attend teaching seminars according to the requirements of the dean of studies
8. Party B hereby agrees and accepts to take the examination work conscientiously such as setting up marking criteria, unrevealing the content of the paper and marking the paper objectively and justly. The result of examination and paper of each student should be submitted to the dean of studies after three to five days of the test. For required courses, Party B agrees and accepts to produce two sets of final examination papers (called Paper A and Paper B, Paper A for final examination and Paper B for re-examination).
9. Party B hereby agrees and accepts school’s teaching supervision such as attending lessons, checking teaching plans and collecting students’ feedbacks, Party B agrees to accept the suggestions or requirements related to his/her teaching and make improvements accordingly.
10. Party B hereby agrees and accepts to actively participate in the school’s teaching and research activities, cooperate with Chinese teachers to develop educational and scientific research. For any English activities that the school holds, Party B agrees and accepts to give necessary instructions and assistance.



Appendix 3

Regulation Rules for Party B at XXXX College

1. Before signing the contract, Party B hereby agrees and accepts to present the following documents 1) resume 2) degree certificate 3) former employer recommendation 4) passport photocopy 5) contract termination proof produced by other Chinese schools (required to those from other Chinese schools to XXXX College)

2. Upon Party B’s arrival, Party A has the responsibility to apply for the work visa, residence permit and foreign expert certificate and pay the fees incurred accordingly. The physical examination will be arranged by Party A and the fee should be covered by Party B. For the requirements of visa extension, alternation, increase visa entries, etc, Party B agrees and accepts to notify Party A one month ago, fill in relevant forms, hand in required documents and pay the fees incurred.


3. Without the agreement from Party A, Party B hereby agrees and accepts not to put up notices, advertisements or distribute inappropriate publicity materials, printed matter in the school. If Party A agrees Party B to put up notice, it should be posted at the designated place.

4. In consideration of personal safety, Party B hereby accepts and agrees to inform Party A of his/her whereabouts when Party B is out of XXXX.

5. Party B hereby agrees and accepts to observe the daily schedule, keep foreign teacher's apartment building quiet, not to involve in any activities that will influence fellow teachers’ study, work and rest.

6. Party B hereby agrees and accepts to ask for permission from Party A if he/she has friends or guests to visit and need to stay overnight. Party B understands to hold visitor’s valid identification (passport or ID card) and fill in temporary lodging registration form in advance.

7. Party B hereby agrees and accepts that instant dismissal without payment will occur if Party B has found involved in the following activities.

1) stealing 2) insulting language towards students or the teachers 3) violent actions towards students or teachers

[Raoul Duke]

Steal wool?

I've always boggled at the provisions requiring permission to have overnight guests. Interference in our personal non-work-related affairs beyond my wildest dreams, and I've always totally ignored them.

However, I've always thought it could be fun to go out and hire on half the whores and massage girls in town (purely for purposes of this stunt of course), march to my school with them all in tow, walk up to the school manager with big smiles on our faces, and request permission to have overnight guests.

Seriously, while I understand that the "overnight" clause is usually just there to give the school ass coverage if you get yourself into trouble, I've seen some attempts to curtail personal behavior that goes way beyond any reasonable necessity. These have included things like no drinking (ever) clauses, and requirements to check in with the school before traveling out of town. I've often been able to negotiate them out. If not, I walk away from the contract without signing.

What it comes down to is that employees in China are basically machine tools, to be used, abused, controlled, or cast aside at the pleasure of the owners. For example, did you know that many Chinese have to have permission from their boss in order to get married? Or to conceive a child? We foreigners have some ability to fight this...and we must and should fight it. I do feel sorry for the poor homeys who have no choice but to grin and bear it.

By the way, having contract material, commentary, and experience here will help us all in a lot of ways. I encourage more of you to contribute. Kudos and thanks, Burl, for leaping into the breach so splendidly!

[burlives]

Yeah, there's a vast number of restrictive stipulations beginning to appear in contracts which in the past were known to the FAO but not actually written out -- things like informing the office when you plan on leaving the work site, and other things like guest rules. The FAO was just supposed to enforce it.

Now looking through that appendix above what seems to strike me is that some FAO has made a list of all the poo he had to put up with from foreigners in the past -- the one about insulting language to students and Chinese teachers stands out. But the troubling thing is it's written out. Certainly it is of highly dubious practical legal force but it does seem to represent an overt change in attitude. With things like this written down, they are available to the FAO as overt criticisms which in the past had to be kept as grumblings behind the foreigners sanctified back.

So instead of experience leading to more liberal understanding, it leads to less personal involvement. These appendicies are manifestations of distaste.

But...

these appendicies are more than 50 percent bullpoo. Very little of it becomes part of the way your life works, unless you are unlucky enough to get an officious guard on the school gate, or doubly unlucky enough to wind up at a school with a fence around the foreigners building.

Still...

it's all there, all written, all part of the understanding of your superiors, and it ends up being part of their sense of grievance with you if you haven't done something else to make a relationship.

Or so my paranoia tells me.

[Lager]

I guess youv'e covered this...but the old saw about a CLASS vs. an HOUR. You may expect 25 classes and then find out they mean hours--and get over 30 X 40 minute classes.

And the length should be in the contract. In Jinan last winter they made the classes 5-10 minutes longer in October. At the time I was the only teacher upset about it. But really that was a way of sneaking an extra few hours on us. IN retrospect I wish I fought it. It's a (small maybe) breach of contract...

And make sure everything is in there. I assumed the travel allowance is always there--maybe by law. Usually 1100 a term...Not there in this contract which they have now used as a bargaining ploy to to get me to pay utils --which are NOT in there. GOD the more I think of it these places can be shifty..

[MK]

So instead of experience leading to more liberal understanding, it leads to less personal involvement. These appendicies are manifestations of distaste.

My school has been employing foreign teachers for many years...in fact I am told it was one of the first places in the country to be allowed to do so. I don't know if that's true or not, but the school rules are pretty restrictive...no overnight guests, ten thirty pm curfew, locked gates, etc etc. At first I wondered how they could have such a long history of foreign experts and such a small understanding of how we live..then I figured out that a lot of these rules probably came into being in reaction to foreigners behaviour in the past. Less compromise, more control.