If you intend to teach in China it may be well worth your time reading the following sites so that you are aware of what you may encounter. Many foreign teachers in China are exploited and have no recourse to legal remedies, nor do they have anywhere to go to initiate recourse.

a) China TESOL org
b) China TESOL com
c) Information on teaching in China
d) A Case of False Advertising

Then please go to China introduction below for more information on: Labor Laws of China, Immigration Law, China FAQs, Employment Regulations, The Hong Kong NET scheme. It must be pointed out that despite Laws designed to help or protect you, you should not rely on them too much. Employers know there is little you can do if your contract is breached, thus breaches are all too common.

A submission from China, China help, is well worth reading.

Coming to China: Here is some advice for the Teacher planning to come to China:

If you are contemplating going to Hong Kong for the NET scheme, see this page.

see also China Immigration Law -- China Labor Laws

Of the countries under review, China presents the TEFL teacher with a unique set of circumstances arising out of working there. The EFL industry is rapidly expanding across the country, and some less than scrupulous operators have entered the market who try to lure Teachers to work in China based on False and Misleading information. Their goal is profit oriented at the expense of fairness for the TEFL professional who wishes to impart his/her knowledge and genuinely help the Chinese students develop their English L2 ability.

Clearly the problems a TEFL teacher encounters in China will be basically the same as encountered in Korea and Japan. However, with China's vast distance, sometimes non access to Internet or Internet sites, it is difficult to obtain a substantially clear picture of the pitfalls one can encounter. As with the other pages, if you have any knowledge or information which may be relevant to living and TEFL working in China, we do appreciate receiving your input. We do draw your attention to the commentary on Korean Recruiters which has some relevance to China.

However, China seems to be a place where problems associated with teaching contracts are quite common and no one seems interested in helping the teacher. A leading firm of lawyers summed up the situation as thus:-

"For most teaching contracts, there is very little at stake to everyone except the teacher and, consequently, the police, government, and even lawyers, are not too anxious to get involved. Although this might be discouraging to teachers already over here, the best advice is to negotiate what you can prior to arriving, make sure you have a written contract with an English translation that has been reviewed, and finally, be prepared to cut and run if necessary (always have the funds for a trip home)."

1. Question: What is the status of my employment contract signed outside of China purporting to be my employment contract in China between my new Chinese school employer and me?
   Answer: These will be subject to Chinese laws (Labor Law, etc) and generally enforceable in China
   
2. Question: My contract says it is a "Service Contract" and not an "employment contract." Is this designed to stop me being covered by Chinese Labor laws?
   Answer: These should be Employment contracts, and not service contracts. In any event, your employer employee relationship will be covered under Chinese Labor Law.
   
3. Question: What is the usual length for a contract if I go to work in China?
   Answer: One year is common for most contracts.
   
4. Question: If I have a contractual problem and dispute, what court would hear my case and when must I bring it?
   Answer: The claim must be bought before the Local Arbitration Board within 60 days of contract termination or dispute, otherwise your claim is time barred.
   
5. Question: I worked in Korea and paid into a National Pension fund and later received the money back after I left Korea. Is it the same in China?
   Answer: Payment is mandatory and not refundable, but some employers fail to pay into the fund.
   
6. Question: Do I receive a severance pay after I complete my contract as I did in Korea?
   Answer: No, severance pay is not mandatory, or common. You can always try to negotiate it into your contract as a term of the contract.
   
7. Question: Will my Chinese school employer take out health insurance premiums from my salary or must I provide my own cover?
   Answer: China has a system of employer/employee payments which are worked out on an ad hoc basis. Try to determine this before you sign your employment contract.
   
8. Question: Are the employment laws different in China to Hong Kong?
   Answer: Yes.

Some issues to consider on your future contract

If you are applying from within the country of employment, you have the advantage of meeting the school/institution owner and discussing any provisions of the contract you have been presented. Determine that the person you are negotiating with does in fact have authority to represent the institution and that contractual arrangements will be binding; (e.g. some universities leave the interview to western teachers on their staff. Though they may make promises, they are not in a position to legally bind their employer.) The key areas you will be discussing are:-
(a) monthly wage
(b) hours worked and when and what constitutes an 'hour'
(c) holiday and annual leave provisions
(d) health insurance and deductions
(e) accommodation
(f) contract length
(g) any other salary deductions
(h) pension contribution and return of said pension contribution at the end of contract
(i) accommodation.

As noted above, some institutions have fixed non negotiable contracts. If you do nevertheless, negotiate a change, confirm it is written into both English and local language versions of the contract. Oral agreements can be forgotten or explained as a miscommunication. Then do check the local version mirrors the English version.

Forum Help for Your Legal Problem
The Forum will now extend to other countries. Country specific forums will opened as queries come in. If you are in the Czech Republic please sign up. Once you have joined up, you can post your problem on the EFL-Law forum, where it will be answered quickly.

(1) Have your contract examined by a legal advisor before accepting
(2) Read the pages relating to Recruiters - play safe - the Recruiter will not be your employer
(3) Always advise your embassy of your address
(4) Have enough cash/credit to be able to leave urgently
(5) If you have any fears or problems, e-mail us or use our Forums
(6) Read the approved Contract on TESOL Law Journal