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

Basic Rules
Before coming
Education Institutions In China
Money
Visas
Tourist Visas. ('L' Visa)
Work visa ('Z' Visa)
Visas for dependents
After arriving in China.
Contacts
Contract

Basic Rules
Rule 1. Before you sign your contract, make sure you understand it clearly.
Rule 2. Lawyers in China are either very expensive, or do not speak English therefore you may want to to also hire a professional translator.
Rule 3. Have enough reserve cash to survive for a few weeks if things go wrong; (about 4000RMB)

Before coming:
Understand your contractual duties well in advance.
Have financial reserves that enable you to buy a plane ticket should you have to leave at short notice due to some unforeseen situation.
Read materials pertaining to China and her culture before coming here.
Be prepared to find things quite different from what you expected.
The wise teacher has medical insurance cover that is valid in Korea. Some employers do not provide coverage for you, whilst some have been known to promise it in the contract, yet subsequent inquiry showed it was not in existence. An emergency operation may cost you in excess of U.S. $1000.00
On Arrival in China at the Immigration Control in the Airport:

Nothing special, that's for one. They look at your passport and tap a few things into their computer, stamp and you're on your way. That's it. No formalities.

Education Institutions In China
There are two very different types of schools in China. As in Korea and elsewhere, governmental and private institutions. The governmental schools/universities are, without question, the best type to work for as they provide all legal documents with any hassle or expense to the employee. However, the private schools on the other hand, will make you find your own visas and certificates, or if they do it, they normally charge an admin/laowei (foreigner) fee.

There are many educational establishments within which you can be employed in China. From preschool to University, large businesses to private in-house students (which happens to be getting more and more popular every season). The only problem I faced was choosing an employer. If you place your CV/ad on a third party TEFL website, you WILL, without question be inundated with offers; especially if it's China specific. This is partly because you will get schools that will pay money just to have a foreign face in the establishment. Please read every contract carefully and be careful or cleverly worded contracts or over-exaggerated website ads. The former is less common because of the language commonly used in contracts. Read through the best offers. Immediately throw away any offers that say they'll pay you 10K plus (unless you have a Ph.D. and living in Shanghai or Hong-Kong). Also, disreguard offers of over 35 hours a week. No explanation needed there. Another one to look out for is either 'subsidized housing' or 'classes of a Chinese average size'. The former being, ' you find a house and pay for it and travel and...and...'. The latter being about 50-80 students per class. You try teaching 80 Chinese grade 4s with no Chinese teacher or language at hand.

Money.
Due to the size and diversity of China, one cannot state what is good money and what isn't. For example, a job that pays 5500 a month in Jinan, Shandong will give you an easy lifestyle. The same money in Shanghai won't give you bus rides to-and-from work. A mild exaggeration but one can get the gist of it. Again, do some homework on the subject. A good place to start is www.chinatefl.com. They list the average prices for things and standard wages etc. Good starting point, but by all means, not the last.

Visas.

At this point most people start to worry. Passports, immigration, visas, laowei tax, entrance, etc. Simple answer is......DON'T. The single, best reason to come to China as opposed to the other big two (Kor,Jpn) is that visas are so easy. I cannot stress that enough. There are several ways the correct visa can be obtained;

Tourist Visas. ('L' Visa)

Most of the foreign population comes to China on a tourist visa. I must state that if a school asks you to come to China on said visa, do not panic. This is the norm. You can go to your local consulate/embassy and pick one up with ease. Please visit the following sites for your local embassy. You will need your passport (obviously), the application, the fee and proof of travel document. The application can be obtained in PDF format from the following sites. The fee is in local currency, wherever you are and is listed on the following sites. Proof of travel document is a plane ticket. Both one-way and return are fine. They know what you are doing if you only have a one-way ticket. But don't worry. You are NEVER turned down. China needs the figures/laoweis. Pay the fee and then either; 1) Wait for a few hours for it to be processed if you selected same day processing which normally requires an additional fee or 2) It can picked up at a later date that you state on the application form or 3) Sent to you. Be careful with this one. Some passports have been known to 'disappear' from the post and 'reappear' in other places. You are forewarned.


When you arrive in your school, stress on the importance of changing the visa. I quote from the 'Foreigners' Guide to Teaching in China' (priv. pub. Chase O'Neill)

'No matter how silly something may seem, ask! Trust the experience of others: ask long in advance. Though an answer may not be forthcoming, your question may prompt some action at a later stage'

Although you have a 30-90 day visa, it may take that exact amount of time to change said visa. But again, if it runs over;

Work visa ('Z' Visa)

The following is needed for a 'Z' if applying from inside your homecountry along with everything that an 'L' visa needs. An employment permit from the Ministry of Labour or the State Bureau of Foreign Experts of China together with an invitation letter from the company authorized by the Chinese Government. It takes a long time to do this one if you are not inside China. The school will send you scanned copies attached to an e-mail of which you print off and take to the embassy. Yes, copies are fine as long as there is only one. Suggestion, keep an extra copy for your own person records but don't, DON'T let them see it!

Visas for dependents

There are a few ways of doing this. Either a 'D' (permanent) visa or a 12-month 'L' (tourist) visa. But, as always, different countries have different rules. Please check you local Chinglish website for clarification.

Contacts

In China, it's a real big thing to know people. From shopping for a new mobile phone to getting arrested, these contacts will help you out. Allow me to explain. I have never seen such a system in China. If your visa runs over, the school just pays the local police to turn a blind eye. Now I know what you must be saying; what are you on about? How can they do that? Why would they want to do that? Well, China have there own (extremely primitive) ways of doing EVERYTHING and this type of thing is just another one of the country's charms. If you try and change it you will get yourself into trouble yourself. 'We have had over 5000 years to evolve our systems and they are perfect' - Recently quoted from an 'unofficial governmental member'. Just accept it. You can do nothing else...

After arriving in China.

Establish a bank account in ZhongGuoYingHang (Bank of China). The best bank for foreigners. Foreign currencies, traveler's cheques, international bank transfers and the like.
Determine where the best dentists and doctors are located close to you.
Chinese are on the whole, very friendly and helpful. Find a Chinese friend/colleague who can speak Chinglish/English and help settle you in. Your school must register at your local ZhengFu (government) office (your name and details from your Foreigner's Residence Book (FRB) are recorded and a stamp placed inside the FRB.

The following contract is the standard contract for ALL TEFLers in China. If the school does not give you one of these, start worrying! All legal schools are given these by the local government, no matter where you are. This is your only lifeline if you get into any trouble and no, you cannot phone a friend.

The booklet is printed on preprinted cream-colour paper.

The front cover of the contract should have a unique serial number in red in the top red hand corner. CONTRACT printed in the top-centre of the booklet and 'ISSUED AND PRINTED BY THE STATE ADMINISTRATION OF FOREIGN EXPERTS AFFAIRS (Copies Are Invalid)' at the bottom of the cover.

CONTRACT

I. Party A (school's name here) wishes to engage the service of Party B (your name here) as (your job title here). The two parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

II. The period of service will be from the (day) day of (month), 20__ to the (day) day of (month) , 20__.

III. The duties of Party B (see attached pages) <=this is the appendix I talked about yesterday.

IV. Party B's monthly salary will be (four digit figure goes here) yuan RMB, ___% of which can be converted into foreign currency monthly.

V. Party A's obligations
1. Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, Party A's work system and regulations concerning administration of foreign experts.
2. Party A shall conduct direction, supervision and evaluation of Party B's work.
3. Party A shall provide Party B necessary working and living conditions.
4. Party A shall provide co-workers.
5. Party A shall pay Party B's salary regularly by the month.

VI. Party B's Obligations
1. Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China's internal affairs.
2. Party B shall observe Party A's work system and regulations concerning administration of foreign experts and shall accept Party A's arrangement, direction, supervision and evaluation in regard to his/her work. Without Party A's consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
3. Party B shall complete the tasks agreed on on schedule and guarantee the quality of work.
4. Party B shall respect China's religious policy, and shall not conduct religious activities incompatible with the status of an expert.
5. Party B shall respect the Chinese people's moral standards and customs.

VII. Revision, cancellation and termination of the contract.
1. Both parties should abide by the contract and should refrain from revising, canceling or terminating the contract without mutual consent.
2. The contract can be revised, canceled or terminated with mutual consent. Before both partied have reached an agreement,the contract should be strictly observed.
3. Party A has the right to cancel the contract with a written notice to Party B under the following conditions:
(1) Party B does not fulfill the contract or does not fulfill the contract obligations according to the terms stipulated and has failed to amend after Party A has pointed it out.
(2) According to the doctor's diagnosis, Party B cannot resume normal work after a continued 30 days of sick leave.
4. Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(1) Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.
(2) Party A has not paid Party B as scheduled.

V1II. Breach Penalty

When either of the two parties fail to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of USD 500 - 2 000 (or the equivalent in RMB).

If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.

If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.

IX. The appendix of this contract is and inseparable part of the contract and has an equal effect.

X. This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties ask for a new contract, it should forward its request to another party 90 days prior to the expiration of the contract, and sign the new contract with mutual consent.

Party B shall bear all expenses incurred when staying on after the contract expires.

XI. Arbitration.

The two parties shall consult with each other and mediate any disputes which may (will) arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts' affairs in the State Administration of Foreign Expert Affairs and ask for a final arbitration.

This contract is signed at (venue or school's name), in duplicate, this (day) day of (month) 20__, in the Chinese and English languages, both texts being equally authentic.

Party A Party B
(sign) (sign)

This contract is in both Chinese and English and are equally authentic

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Business Set Up
Caveat Emptor
Coming to Korea
Contracts
Criminal Law
Crucial Information
Deceptive Practices
EPIK
Hogwans & the Law
Immigration Laws
Labor Law
Medical Insurance
Pension Issues
Philippines
Recruiters
Starting a Business
Taxation Issues
Visa Run
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Copyright © 1997-2008 EFL Law Group.................last updated 8th/December/2008