Home TEFL forum Teaching in China Who keeps deleting links to employee rights of China foreign TEFL Teacher & WHY?

Who keeps deleting links to employee rights of China foreign TEFL Teacher & WHY?

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  • Laowai Lao Shi
    Participant
    21 June, 2017 at 5:05
    • Total posts: 26

    This censorship is not only annoying, but it is making me think that one of the mods may not want the foreign teachers of China to know they actually have the very same employee rights as Chinese executives. Here are some examples of what has been deleted in the last month without explanation;

    http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1071&context=lawfirms

    http://www.china.org.cn/living_in_china/abc/2009-07/15/content_18140508.htm

    http://www.opnlttr.com/letter/15-employee-rights-chinas-expat-foreign-english-teachers-esl-tefl-are-now-being-enforced


    Want to teach in China? Great, but be sure to check http://reddit.com/r/ChinaTEFL first! Plenty of surprises for all!

    Eslbase
    Administrator
    21 June, 2017 at 22:27
    • Total posts: 81

    Laowai Lao Shi

    The removal of your posts has nothing to do with censorship. It has to do with flooding the forum. If you are in contact with China Scam Patrol, please speak to him about this – he is aware of my repeated requests regarding flooding the forum. I will contact you by email too with a more detailed response.

    Bandit
    Participant
    1 July, 2017 at 13:26
    • Total posts: 30

    How the hell can we discuss this subject when our actual rights keep getting censored? Below are what China Labor laws forbid and the rights given to expat teachers and other workiers in China. There are not many labor laws as compared to the Western labor laws but these are good enough to protect us from abuses. It is important that we know what these rights mean so we can sign contracts that do not violate these employee rights.

    The following is legally prohibited by China’s Labor Laws and employee rights relating to expat workers who now have the same identical legal protections as Chinese executives:

    * Unpaid Overtime

    * Being Used As A Marketing Monkey

    * Having your personal image used in promotions

    * Having your personal information disclosed to third parties

    * Not getting a copy of your original chopped contract in English

    * Not knowing the ownership identification of your employer

    * Not knowing the SAIC business license No.of your employer

    * Not being provided a written job description

    * Being told to lie to customers about your citizenship or credentials

    * Being given illegal probationary periods exceeding 30 days

    * Being forced to sign illegal contracts

    * Not given 72 hours advance notice of work schedule changes

    * Not provided the proper Z work visa required by law

    * Being forced to pay money for your release letter or Z visa

    * Not being provided medical insurance as a full-time employee

    * Not being paid within 48 working hours of a regular payday

    * Illegal deductions and “deposits” withheld from your pay

    * The right to see your employment tax records and receipts

    Teachers who find themselves being exploited by schools and or recruiters now have plenty of ammunition to fight back in a meaningful way that not only gets results but serves as a deterrent for future abuses. Companies with having to pay a $90,000 settlement, reimburse your legal fees (about 20,000 rmb, and a SAFEA, PSB, or SAIC fine of 100,000 rmb) are not likely going to be playing more games with expat employees.

    The CFTU and Renmin University Law School provides free legal guides about the employee rights of foreign workers and we suggest you read them ASAP. **Of course, do not even think of suing anyone if you are working illegally in China without a Z visa that matches your invitation letter, or YOU will be in for a bitter cup of tea when they arrest and deport YOU!”**

    HERE ARE YOUR 15 BASIC EMPLOYEE RIGHTS IN CHINA. IF YOU WANT ALL 367 PAGES OF CHINA LAW, VISIT THE LAW LIBRARY OF RENMIN UNIVERSITY (Line 4 & 10) IN HAIDIAN DISTRICT OR CONTACT THE CFTU FOR A COPY

    1. You have the right to seek and obtain employment if legally allowed to do so after obtaining a work visa (Z visa) and resident permit.

    2. You have the right to work in a safe work environment.

    3. You have a right to be provided a written work schedule in advance.

    4. You have a right speak with management about safety concerns

    5. You have a right to sick, holiday, and maternity leave & pay

    6. You have a right to resign your position in accordance with the law

    7. You have a right to request job training

    8. You have a right to pay your taxes to the government authorities and to file a grievance with the Labor Arbitration Authority in your Province
    .
    9. You have the right to be compensated for overtime hours worked and may not be compelled to work said hours if not stipulated in your employment agreement.

    10. You have the right to receive an original hard copy of your contract that is signed and chopped (red sealed) at the time you sign an employee agreement.

    11. You have the right to receive a written job description prior to signing your
    contract.

    12. You cannot be compelled nor forced to do anything not specified in your job description.

    13. Your probationary period cannot exceed one month for each year of your employment contract.

    14. You have the right to receive both an invitation letter and release letter free of charge.

    15. If hired by a duly authorized employer you have a right to be provided a work visa (Z Visa) prior to the commencement of your assigned duties.

    More details about teaching legalities in China can be found at http://reddit.com/r/ChinaTEFL.


    Don’t get ripped off working in China. Check out http://reddit.com/r/eslscams

    Davis
    Participant
    2 July, 2017 at 2:27
    • Total posts: 48

    Only responsible teachers deserve employee rights in my opinion. I taught TEFL 10 years in China and recently retired. I have had more irresponsible and unqualified teacher colleagues in China than you would ever see in America or the UK, or Canada. If you go to teach in a foreign land, your host school will expect “the 5 Ps” from you…

    * Professionalism
    * Punctuality
    * Politeness
    * Proper Preparation
    * Personality (friendly)

    If you cannot be on time for a class with a prepared lesson plan and look and act like a profesisonal teacher, you really have no grounds to demand any rights. In fact, when I was a vice-principal, I fined my expat foreign TEFL teachers for coming to school in grimy torn blue jeans, or smelling like beer or cigarettes, and docked them 100 yuan for every minute they were late for a class, and 1,000 yuan for every curse word that came out of their mouth on the school premises.

    So if you expect to get rights and privileges, please at least be responsible and professional enough to deserve them. Most foreign teachers in China do not realize it, but principals have their own blacklist of foreign teachers who are “problematic” or simply unreliable. This is there own way of weeding out bad apple teachers since it only takes one bad teacher to ruin the good rep of a school. Just imagine yourself as a school owner and you will see both sides of this coin.


    Questions about contracts, expat labor rights, teachers requirements and visa laws for China are found at http://chinascamwatch.org

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