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file Most China foreign ESL Teachers cheating themselves of 40% with illegal contract

  • CFTU
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1 week 3 days ago - 1 week 3 days ago #1515 by CFTU
CFTU created the topic: Most China foreign ESL Teachers cheating themselves of 40% with illegal contract

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The Devil Is Always In The Details!


If you are one of the 6,000 foreign English teachers in China who used a China job agent or recruiter to find your teaching job, you are probably part of the 70% of expats losing 30%-50% of their total earnings through illegal contracts that authorize illegal deductions. After reading this you will understand WHY your employers in China forbid you to discuss your salaries with other teachers...

Read this carefully and you will probably earn 30%-50% more on your next payday. 70% of all contracts signed by foreign English teachers are illegal and never in favor of the teacher. YOU CAN BREAK THOSE CONTRACTS WITHOUT PENALTY TODAY!

First of all, you need to know that Chinese labor law includes foreigners and it is ILLEGAL IN CHINA for third parties to sign employment contracts with employees. As an employee in China, the only contract that legally binds you is one that you sign with your direct actual employer (i.e. Shandong University). A recruiter or China job agent is not allowed to sign an "employment agreement" with you. They can, however, try to get you to sign one and most newbies do not know any better and follow their instructions. This allows the recruiter or agent to skim your wages - as much as 50% and you would never know.

Legally, agents and recruiters can ask you to sign a "service" or "fee agreement" and this is where you must be alert and smart. No such agreement should require you to pay a dime NOR AUTHORIZE ANY DEDUCTIONS FROM YOUR PAY. In China it is standard for the employer to pay any and all recruiter and agent fees. But the devil is always in the details, and if you do not read your contract carefully, you will get screwed. Here is one sample contract used by 11 different recruiters in China that are named for you at https://reddit.com/r/chinascamcentral . This is quite typical of a contract newbies are asked to sign, and many do so out of ignorance: https://myalbum.com/album/Qt6TWGP0olx3

NEVER ever sign a contract that is given to you on the spot. Take it home and read it thoroughly and ask a Chinese friend if the Chinese terms exactly match those in English. Of course, you should never sign a contract that is only in Chinese, and it is important that you only sign a contract that you agree with. If something is vague and unclear it was done so deliberately so your employer can take advantage of you and then simply say that YOU "misunderstood".

Where you work exactly and your exact job description must be included in the contract or you may find yourself working at many locations in one week spending half of your daily life on buses and subways!

Every single page of your contract needs to bear your signature and date, and chop (seal)of your employer as many are known to swap out complete pages of your contract and they only ask you to sign the last page. Before you know it, you will be asked to hand out brochures about the school on a street corner and they will remind you that it is in the contract that you signed! Don't assume that you will automatically be given a copy of your contract - you must demand AN ORIGINAL HARD COPY WITH THE RED SEAL and complete Chinese name of the person who signed it and the SAIC business license number of the company who is hiring you..

As to what should actually be in your contract to protect you from abuses, read here carefully: https://www.chinaforeignteachersunion.com/2014/01/china-foreign-teachers-union-contract.html

So now after reading this, you suddenly realize you were snookered. What to do? Relax.You simply break the contract and request a new one in a way where the management will not argue with you. For these instructions, just visit https://www.chinaforeignteachersunion.com and look at the top of the page for the link that will rescue you in less than a week and give yourself a raise. It would also be a good idea if you also clicked on the link that explains your 15 employee rights. (Also found at the same website) Good Luck!
Last Edit: 1 week 3 days ago by CFTU.

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