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Employment & Prof. Development

Is the 5-Year Rule Being Enforced in Zhejiang Province?

Employment choices and professional development issues.

Is the 5-Year Rule Being Enforced in Zhejiang Province?

Postby Brian » Sat Apr 11, 2009 10:57 pm

I have been teaching at a university in Zhejiang province for 4 1/2 years.

During this time I have had a good rapport with the dean of the university, the students, and the FAO. I have just been informed that my contract can be renewed only for the fall semester of this year because of the 5-year rule.

So, this is at least one place where the rule is being strictly enforced (or at least it seems that way).

Do you know if anyone who has skated past the 5-year rule? If so, how did they do it?

Thanks!!
Brian
 

Re: Is the 5-Year Rule Being Enforced in Zhejiang Province?

Postby Dr. Greg » Sat Apr 11, 2009 10:58 pm

Most foreigners I know of personally have lived and worked in China for more than five years, including me. However, this is the first time I’ve heard of anyone working for the same public university for five consecutive years and this could possibly be the problem (although I seriously doubt it).

China’s employment law for foreigners seems to limit contiguous employment to five years (legally, this is the longest contract duration a foreign teacher can be signed for). Having just written this, I know of at least two foreign teachers in Haikou (Hainan province) who have worked for the same private school for more than five continuous years. I am also aware of one elderly American woman who has lived in Haikou and worked for the same university for many years (perhaps close to eight or nine years, BUT there was a six-month break in employment when she had to return home to take care of a family matter and this may have reset the clock so to speak).

My best advice is that you should sit down with the FAO and find out more details about the limitations they are working with. It’s very difficult for me to believe that there is no way for them to keep you if they really want you to stay.

For reasons I am not 100% certain of, most public universities do not seem to want to hold onto foreign teachers for more than three years in duration, even if they are happy with them. I don’t know if this is because they fear the teacher will develop some real power or influence or what.

I wouldn’t give up yet. While it is true that there are a few rules that are strictly enforced in various cities, it is highly unlikely that exceptions can’t and won’t be made for the right person in mainland China.

Let us know what happens.
Dr. Greg
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Re: Is the 5-Year Rule Being Enforced in Zhejiang Province?

Postby Brian » Sat Apr 11, 2009 10:59 pm

OK, so here is the upshot:

I'm fairly certain that my contract extension was supported by both the FAO and the Dean of our English Department. I had worked with the current head of our FAO on a project three years ago, when he was dean of biology, and we have always gotten along well. In fact, I have asked him to write a letter of recommendation for me, which he did. It says, in part, that “Due to the local policy in Zhejiang Province, a foreigner may not stay in the same school for more than five years.” There is no mention of having to leave China, which is quite a different story from the one I was told initially [by a different person].

The story I get now is that my extension was nixed by a vice-president of the school, and, reading tea leaves, one might suspect that there is some sort of office politics going on. But who knows?
Brian
 

Re: Is the 5-Year Rule Being Enforced in Zhejiang Province?

Postby Dr. Greg » Sat Apr 11, 2009 10:59 pm

Thanks for the update.

In every case I am aware of in which the “5-year rule” has been invoked, it is strictly a matter of politics or an absence of the desire to retain, and not law per se. Unfortunately, because this is China, you will never learn the real reason behind the vice president’s decision. Also, as you point out, the literal translation of the law refers to time spent in mainland China, not the school itself.

You won’t have any difficulty finding a job at another school on the basis of your length of time in China.

Best of luck to you. Let us know where you land.
Dr. Greg
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