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higgsboson
- Posts: 150
- Joined: Mon Jun 14, 2010 1:13 am
Its mid April and you don't have a contract; orientation probably starts Aug 1st - that's 3.5 months from now and you haven't even started on a visa.
What will you do if they say "Sorry, because .... we can no longer offer you a job." What will you do?
I have an idea - why not find another job JUST IN CASE this happens and then you'll be the one sending the Dear John letter instead of on the much more painful receiving end.
Teachers are so routinely screwed over in this manner it boggles my mind why more teachers don't sign at least a second contract. Is it beyond the realm of possibility that this school is stringing YOU along just in case there first choice backs out?
What will you do if they say "Sorry, because .... we can no longer offer you a job." What will you do?
I have an idea - why not find another job JUST IN CASE this happens and then you'll be the one sending the Dear John letter instead of on the much more painful receiving end.
Teachers are so routinely screwed over in this manner it boggles my mind why more teachers don't sign at least a second contract. Is it beyond the realm of possibility that this school is stringing YOU along just in case there first choice backs out?
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shadowjack
- Posts: 2140
- Joined: Sat Oct 06, 2012 9:49 am
I signed my contract at the job fair. The school has been in touch and paperwork started. Further instructions to come this April.
Has your school taken a copy of your passport, asked for your medical test results, etc?
That might be a warning sign to me.
Perhaps send a couple of emails to the teachers you mentioned, and ask them about their experience regarding the contract. It may be that you don't sign until you arrive (which can happen, but is not usual). Talking to them and hearing their experience will make things clearer.
Has your school taken a copy of your passport, asked for your medical test results, etc?
That might be a warning sign to me.
Perhaps send a couple of emails to the teachers you mentioned, and ask them about their experience regarding the contract. It may be that you don't sign until you arrive (which can happen, but is not usual). Talking to them and hearing their experience will make things clearer.
I see a red flag, but not for the same reason you do. From all the contact you've had with the school and the information they've given you about your teaching next year, it sounds to me like they legitimately plan to bring you over. However, it also sounds like their HR department is disorganized and/or doesn't know how to do the job. That's the red flag I see. Even my current school, which isn't the greatest about organization and communication, had my contract sent to me before April.
I am also moving to China this year. I was hired at the Cambridge Fair. The recruiters continued on to the SF fair afterwards while I came back to my current location. Then, about a week after they returned to China from SF, they sent me my contract. HR is currently in the process of getting together my Foreign Expert Permit and letter of invitation so I can go to my Chinese consulate and get the Z-visa in a couple of months. But who knows? Maybe your school is planning to bring you over on a tourist visa and then get your work permit, so they don't feel the need to start the process so early.
I am also moving to China this year. I was hired at the Cambridge Fair. The recruiters continued on to the SF fair afterwards while I came back to my current location. Then, about a week after they returned to China from SF, they sent me my contract. HR is currently in the process of getting together my Foreign Expert Permit and letter of invitation so I can go to my Chinese consulate and get the Z-visa in a couple of months. But who knows? Maybe your school is planning to bring you over on a tourist visa and then get your work permit, so they don't feel the need to start the process so early.
My guess
Is that this will work out all right. From what you say, it sounds like the school is a serious one rather than a fly- by-night, and the fact that you have been in touch with the department head and know your teaching assignment all point to the fact that this is a bureaucratic problem. Like the previous poster, I am surprised that it has been five months since the job offer, and the contract is still not with you. I presume you still have a formal job offer on paper. If so, you may have the direct e mail address of the school head or principal? I would send a message to explain that this delay is causing you some worry.
The school needs to be above board in the process. The contract and visa procedure is different from state to state. Beijing beingnthe most -, Shanghai the least...maybe.
What you signed may not actually be the legally binding contract, depending on which state. It might have been the amendment, which holds equal weight, only if signed with the Chinese contract.
Visas, depends on which state. But if you are going into China with anything other than a Z visa, find another job.
My advice is to get HR to tell you the entire process. If they are getting you a Z visa, they have already gone through the formalities to hire you, and you should be ok. They don't want to be scrutinized for giving out Z visas to people not employed by the school. The contract, well, they shouldn't change it on you, but it is the Chinese version that is legal, and the Chinglish version which may be vague is not.
At the end of the day, a Chinese contract is a starting point for negotiations, which is beneficial for those that can do so with tact.
What you signed may not actually be the legally binding contract, depending on which state. It might have been the amendment, which holds equal weight, only if signed with the Chinese contract.
Visas, depends on which state. But if you are going into China with anything other than a Z visa, find another job.
My advice is to get HR to tell you the entire process. If they are getting you a Z visa, they have already gone through the formalities to hire you, and you should be ok. They don't want to be scrutinized for giving out Z visas to people not employed by the school. The contract, well, they shouldn't change it on you, but it is the Chinese version that is legal, and the Chinglish version which may be vague is not.
At the end of the day, a Chinese contract is a starting point for negotiations, which is beneficial for those that can do so with tact.
I'll echo what Mathman has said - if they do not offer you a Z visa, then run away from this school. Ask them when you will receive the paperwork for the Z visa. It usually takes about a month after you say "yes" to their offer. They should DHL the paperwork to you, and you in turn will go to the nearest Chinese consulate/embassy to apply for your visa. If they tell you to enter the country on a tourist "L" visa, then the school is no good.
About the contract - it is the Chinese version that is the legal one. But it is not unheard of for schools to add and delete things from contracts once you arrived (happened to me).
The Chinese have a lot of difficulty with transparency when it comes to anything to do with money. I still don't know the salary scale at my school...in fact, I don't even know the particulars of the taxes either. Just expect to be in the dark for your tenure here.
About the contract - it is the Chinese version that is the legal one. But it is not unheard of for schools to add and delete things from contracts once you arrived (happened to me).
The Chinese have a lot of difficulty with transparency when it comes to anything to do with money. I still don't know the salary scale at my school...in fact, I don't even know the particulars of the taxes either. Just expect to be in the dark for your tenure here.
Reply
Something is very wrong, and most likely the school is jerking you around. It takes about 15 minutes to fill in the blanks ona contract and even if they were drafting one it should take no longer then a month. December to April is far too long to wait on a contract. The school doesnt get you a visa actually. They provide you with a contract, invitation letter and a work permit. They send them to you and you apply at the embassy/consulate for your visa yourself. The invitation takes about 15 minutes (and most of that is finding the schools chop). The hardest part is getting the work permit from the immigration department, but that should take no longer then a week 2 at the tops.
In China you actually get two contracts one is the official state contract for foreign experts and its standard boiler plate except for your name, and salary pretty much. The second contract is the addendum that includes all the specifics youd expect to find in a contract.
This is way too late to be waiting for a contract still. Id start looking for a backup plan. All the talk, discussions, flattery, brochures, FAQ's, and other literature dont mean anything in absence of a contract. The contract is what matters, and even in Chinas shadowy world of contract interpretation, not having a contract definitely means you dont have a job.
In China you actually get two contracts one is the official state contract for foreign experts and its standard boiler plate except for your name, and salary pretty much. The second contract is the addendum that includes all the specifics youd expect to find in a contract.
This is way too late to be waiting for a contract still. Id start looking for a backup plan. All the talk, discussions, flattery, brochures, FAQ's, and other literature dont mean anything in absence of a contract. The contract is what matters, and even in Chinas shadowy world of contract interpretation, not having a contract definitely means you dont have a job.
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shadowjack
- Posts: 2140
- Joined: Sat Oct 06, 2012 9:49 am