Employment & Professional Development

Dear Prof. Mavrides,

I read your article in the Internet Foreign Teacher's Guide to Living and Working in China. This is extraordinarily informative!

I just have one question about the SAFEA Contract. Have you signed a similar contract like this SAFEA one? I am asking you this because it includes a penalty clause under "breach penalty." This is a bit shocking to me. I think, with an international standard of employment practice, a penalty clause in an employment agreement is invalid. Or do foreign experts in China practically have no choice but having this penalty clause?

Best regards,

Steve

Dear Steve,

The official SAFEA contract (the one printed in both Chinese and English in booklet form with a unique red serial number) does in fact contain a breach penalty clause (section VIII), which lists damages ranging from USD $500 to $2,000. This is intended to protect both the employer and the foreign teacher and should not be regarded as a nullification clause. However, the amount can be negotiated and is often amended in the SAFEA contract addendum.

Your real concern should be focused on the addendum, which often does contain some very unusual, if not unfair, modifications. For a list of what the SAFEA contract addendum should (and should not) contain, take a look at that section in our Guide.

The truth of the matter is, contracts in China do not have the same meaning that they do in our respective Western countries. Chinese employers typically regard these contracts are simply a starting point for further ongoing, often impromptu, negotiations throughout the entire life of the contract.

Best of luck to you.