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Employment & Prof. Development

5-Year Rule for China Foreign Teachers

Employment choices and professional development issues.

5-Year Rule for China Foreign Teachers

Postby smjohnson5 » Sun Jun 03, 2012 5:54 pm

In 2013, I'll complete my fourth year teaching English in China.

I've heard that the maximum number of years that foreign teachers are allowed to work in China is five years. Then, they must leave for two years before they can return. Is this true? Is this regulation enforced? I can't find reliable information about it, so thanks in advance for any guidance.
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Re: 5-Year Rule for China Foreign Teachers

Postby Dr. Greg » Sun Jun 03, 2012 9:47 pm

Technically speaking, there is in fact a 5-year rule on the books, i.e., a regulation that requires foreign teachers to leave China after five continuous years of employment.

We address this regulation, as well as the general role of law in China, in an article I strongly recommend that you take a careful look at: SAFEA, Foreign Teachers, and Chinese Boxes. Basically, all such rules in China are only irregularly enforced and when they are enforced, they are being used to give face to foreign employees who are otherwise no longer wanted, i.e., as a rationalization.

My advice is for you to speak directly and honestly with your current FAO or school owner (whichever applies). Simply say that you’ve heard about such a rule and you were wondering if it is in effect in your province or city. If the Chinese official replies that he or she has never heard of such a rule, then you shouldn’t worry about it.

The bottom-line is this: if your school officials have any guanxi (clout) at all with the local government and they want to retain you, then it truly doesn’t matter whether the rule is in effect or not. Conversely, if they don’t want to retain you, they may call into effect this or any other “rule” they can think of to justify the termination.
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