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15 Employee Rights of China Foreign TEFL Teachers Kept Secre

 
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Shannon



Joined: 28 Jan 2015
Posts: 37

PostPosted: Fri Jun 02, 2017 4:19 am    Post subject: 15 Employee Rights of China Foreign TEFL Teachers Kept Secre Reply with quote



Did you ever wonder why your recruiter never tells you about your employee rights as a China foreign TEFL teacher? Well if he or she did tell you, you would find out that the contract they want you to sign in ILLEGAL! In fact according to Professor Guo a labor law expert who graduated with his JD fromRenmin University and specializes in labor law says 70% of us expat teachers now hold contracts that are not legal in China and we do not even know it. All employment contracts in China must be signed directly with employers - not recruiters.

Also we cannot be forced to do marketing work or compelled to work overtime without extra pay. And recently we foreign employees were added to China's Privacy Act which now prevents employers from using our photos in any promotion without our written consent.

We also cannot be asked to lie about our citizenship or about out employer (ie. false praise). Read up here and get even more info at the CFTU website. https://www.scam.com/showthread.php?704467-UPDATED-China-Liars-List-ESL-TEFL-Teacher-Job-Scams-Internships-Exporters-etc-BLACKLIST&p=1961398#post1961398 This will also help explain why so many China job agents and recruiters always bash and trash the CFTU.
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Ms. Molly



Joined: 15 Nov 2016
Posts: 17

PostPosted: Thu Jun 15, 2017 4:07 am    Post subject: Let's Celebrate- China Courts Enforcing Expat Employee Right Reply with quote



I found this great news at http://reddit.com/r/chinascamcentral....

PSA ANNOUNCEMENT: In the June copy of China Scam Patrol newsletter, I learned the following;

"Most of China's 29, 879 foreign teachers do not even know that President Xi Jin Ping sign an amendment in 2014 to China's Labor Laws that gives foreign expat workers in China the same employee rights as Chinese executives (15 employee rights listed in OP link), and last year included us China'sPrivacy Act as well. Chinese employers and recruiters want to keep this general ignorance in place, however, since it is already difficult enough to find and recruit qualified teachers for China. The inconvenient truths of these powerful rights is simply not good for the recruitment business since it exposes such things as illegal contracts, and how expats have the right to walk away from such contracts "without penalty" See here: https://www.scam.com/entry.php?8576-Most-China-foreign-TEFL-English-teachers-cheating-themselves-of-40-with-illegal-contracts

Better still, the Ministry of Labor and the Courts of China have recently been ruling in favor of foreign teachers who have filed formal complaints and/or lawsuits and have prevailed over three large chain operations including Disney English, English First, and Webb. Although gag orders are always issued to "save face" of violators, we learned that the average settlement of the last three cases (2 in Haidian and 1 in Chaoyang) was 570,000rmb or about $90,000. The rule of law is now enforced by default, and no longer do teachers have to tolerate any of the following abuses;

*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!"

So what are the actual 15 Rights? You can read them here: https://www.scam.com/showthread.php?704467-UPDATED-China-Liars-List-ESL-TEFL-Teacher-Job-Scams-Internships-Exporters-etc-BLACKLIST&p=1970246#post1970246
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