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October 19, 2020 at 11:57 am #87901ExpatInfoDeskKeymaster
Posted by Squire , 1 reply
Anyone who has worked in China knows that only half of employers can be trusted not to exploit you. That is why you must ALWAYS get a written contract. But all contracts are not created equal – especially in China! What you sign better be something you agree with and understand fully.
The difference between having a great teaching adventure in China and having a miserable time comes down to 2 basic items: 1) Who you choose to work for and 2) The contract you sign. According to a recent CFTU teacher survey done in China, 39% of existing China foreign teachers claimed to be “unsatisfied” with their contracts while only 12% said they were “satisfied”.
Signing any contract put in front of you is generally a mistake and will usually allow the employer to exploit your work hours. location, and wages. Here are some of the more important contract clauses you may want to add to your next contract to keep things fair…
* Party B does not under any circumstances waive his/her employee rights and labor board protections, and retains the right to seek legal remedies in the courts of China.
* Party B shall not be compelled to do any non-teaching work for Party A.
* Party B shall be compensated for all overtime hours worked in accordance with central and provincial laws.
* Party B shall not be compelled to provide testimonials or his/her image for any public display purposes by Party A.
* Upon termination for any cause, Party A will provide Party B a release letter within 10 consecutive days of termination, at no cost.
* Existing lesson plans, teaching materials, and ppts of Party B are proprietary and may not be copied nor used without express written consent.
* Party B agrees to work exclusively at one campus located at __________ for Party A.
* Party B is not liable for any fines nor other penalties if this employment agreement is breached by Party A.
More details about China employment contracts and your rights as an expat employee can be found at http://chinascamwatch.org
Remember your legal rights when it comes to contracts in China – you do not have to sign any contract that is a) Not in English, b) Is illegal, and c) containing terms and conditions not acceptable to you. If you do find yourself being exploited because you signed a bad or vague contract, you had better read this article here or you may be stuck due to your own ignorance.
This was a very useful post. I have already worked in China and was exploited quite a bit. I wish I had seen this advice before I arrived in China. – Thanks a lot.
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