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Ask Headmaster Ken

Contractual Problems From Day One

For private school employment, teaching contracts, salaries, visas, and other employment questions.

Contractual Problems From Day One

Postby Diverse » Thu Nov 17, 2011 7:33 am

Dear Dr. Greg,

I have a problem in that when I first arrived in China on a Monday evening I was informed that I was teaching first thing in the morning. This gave me no time for preparation at all.

When I looked at the teaching schedule I found out that the teaching hours were, on average, over 20 academic periods per week and way in excess of the number stated in the temporary contract (to get my Z visa) of 12 to 16.

After much discussion and prevarication by the administration, they agreed to drop these hours to sixteen (16). I did an analysis of the other teachers hours and found out that the average was between 10 and 12 hours.

Here is the problem:

The administration has not applied for my expert certificate and red book as they say I have to sign another contract.

I was asked what contract duration would I like and I replied six months. The Director of Studies agreed. Now I find out that they calculate each year into two semesters each of six-months' duration. They are saying that the six-month contract (which I have not yet signed) ends mid-January. With my limited mathematical skills I calculate this to be two months.

How do I stand legally? If I have no expert certificate and red book and decide to leave can I still get a job with another establishment? As I have not signed this other contract, does that mean that I am not working for them and therefore do not need a letter of release to obtain employment elsewhere?

The problems stated above are only a few of problems with the continuing battle with this administration.

I am considering just packing it all in and leaving as this was not what I envisaged when I came to teach in China.
Diverse
 
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Joined: Thu Nov 17, 2011 7:20 am

Re: Contractual Problems From Day One

Postby Dr. Greg » Thu Nov 17, 2011 10:44 pm

I have asked Mr. Hayes to weigh in on this as I am no longer up-to-date on the various nuances of contracts.

Strictly from a phenomenological perspective, this doesn’t sound very good. Generally speaking, when you encounter these many problems at a prospective position even before signing a contract, you have nothing but heartache to look forward to.

Let’s see what Headmaster Ken has to say.
Dr. Greg
Site Admin
 
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Location: Abu Dhabi, UAE

Re: Contractual Problems From Day One

Postby Headmaster Ken » Fri Nov 18, 2011 5:55 pm

Assuming you arrived on a Z-visa, you cannot just up and leave for another employer. You have to get your working visa through the employer who sponsored you.

You only have 30 days to have your documents converted. You likely do not have enough time, at this point, to find another employer, have all the paperwork done and get a new visa in Hong Kong.

I definitely understand your thinking about leaving now. I have never heard of a situation like this that gets better as time goes by.
Headmaster Ken
 
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Joined: Sat Apr 11, 2009 2:37 pm


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