CONTRACTS (Sample Contract)

When in China, Americans are subject to Chinese law, regardless of American citizenship. Rights as a U.S. citizen do not carry over to other countries and disputes are resolved through the local legal system.

Foreign instructors in China occasionally have contract disputes with their employers. Employees should be sure to have all agreements put into writing and not to rely on verbal promises. If possible one should receive an official copy of the contract before arriving in China, including a copy in Chinese.  Even so, American teachers may find that Chinese contracts are not considered as binding as contracts in the United States. These contracts will sometimes contain unexpected alterations when the prospective teacher arrives, during the duration of their employment, or at the end of the period specified by the contract.  Taking an employer to court over breach of contract is far less common in China than it is in the United States, and is a particularly difficult process for foreigners.  Culturally, oral negotiation and a solid relationship with the employer are of paramount importance.  A good working relationship with your school, institution, or business is vital to reaching an agreement over contractual difficulties.

Basic Features of Most Teaching Contracts

Contracts for teaching positions typically last for one year and should include provisions for salary, housing, working hours, class size, medical insurance, taxes, early termination, and in some cases, a plane ticket home. Any bonuses, such as travel bonuses or contract termination bonuses, should be clearly spelled out in the contract.  Further information on these topics is below.

- Salary

The majority of English teaching jobs in China pay monthly salaries.  Nevertheless, the salary should be clearly defined in terms of hours per month and compensation per hour.  Also, in the interest of clarity, numeric figures as well as written amounts should be included on the contract.  Payment dates, methods, and currency should be specified in advance.  Chinese bank accounts are not generally accessible overseas, and many schools place a limit on the amount of RMB you can convert into US dollars. If possible, specify this number or percentage in the contract. 

Teachers should bring sufficient funds to cover at least a month of room and board, as the institution might not be willing to forward any part of the salary upon arrival.

- Hours

Full-time teaching is generally considered to be between 12-20 hours per week in China.   However, this number varies according to the type of school or institute.  Most teachers end up with approximately 15 hours of class per week, supplemented with additional hours running conversational groups or participating in cultural activities.  Those teaching younger children will generally find the hours to be greater, but will not be required to do as much outside specified teaching hours.  Conversely, teaching at a higher level, such as at a university, will generally require office hours.  Additional hours should be specified in the contract, preferably with a confirmed hourly rate.  Prospective teachers should make sure that contracts specify the maximum number of classroom hours per day and per week, as well as the maximum number of workdays per week, and any vacation periods. Teachers generally receive vacation time for Chinese New Year; however, this is not always paid vacation. 

- Housing

Many schools offer, or even require, on-campus housing. This can take the form of a dormitory or an apartment.  Other institutions will occasionally offer a housing allowance. If housing is included in the contract, it should specify details. If the accommodation is classified as “furnished” one may want to ask for a basic inventory of the dormitory or apartment and its attendant facilities.  Another issue to address is whether the housing has heating and/or air-conditioning, telephone, and internet, and, if these are provided, who pays for them.  Also, be sure to verify if the accommodation is single or shared.  Other items which you may want to verify include whether the bathroom is private or shared, and if there is access to a kitchen.  Some Chinese universities, particularly in the provinces, have been known to establish curfews for their foreign teachers living on campus.

- Plane Tickets

Many contracts include a return plane ticket to the United States upon completion of the contract, and some even provide round-trip airfare.  While this is a very common practice, teachers have occasionally run into difficulties when their employers refuse to provide the promised plane ticket upon completion of the contract.  In this situation the Embassy is not authorized to provide citizens with the funds to return to the United States.  While emergency repatriation loans are available to U.S. citizens who become destitute overseas, we recommend that you ensure access to sufficient funds for a return plane ticket in case of emergencies, regardless of what is specified in your contract.  Also, many schools and institutions will reimburse the teacher for the cost of the airfare, rather than provide them with a pre-paid ticket. 

- Bonuses

A standard feature of English-teaching contracts in China is the “Contract Completion Bonus.” This may comprise a sizeable portion of monthly salary, and will be paid upon completion of the contract.  Another common feature, though by no means universal, is the “Travel Bonus” which provides funds to travel occasionally during the duration of the contract.

- Class Size

Class size is not typically addressed in contracts, so be sure to ask. Class size will vary, depending upon the type of institution.  Expect classes to be relatively small in private language institutes (often between 10 and 20 pupils), and large in most schools and universities.

- Medical Insurance

Many Chinese schools provide health insurance to their foreign teachers.  This can cover up to 80% of medical expenses.  Note that employees are usually required to pay a certain percentage of medical expenses, which can grow quickly in event of a serious injury, a hospital stay, or extended medical attention. Chinese hospitals often demand payment in cash in advance before providing service. The Chinese medical system, particularly in rural areas, often does not meet U.S. standards.  For this reason, all Americans traveling to China are strongly encouraged to buy foreign medical care and medical evacuation insurance prior to their arrival.  Since U.S. medical insurance is not always valid outside the United States, please check with your insurance company to confirm whether your policy applies overseas and if it includes a provision for medical evacuation.  Travelers interested in a list of modern medical facilities in China can view a list of hospitals, by province, on the Embassy’s web site at http://www.usembassy-china.org.cn/us-citizen/medical.html

- Early Termination

Contracts should always include an acceptable early termination clause.  If a contract is terminated early and the employee wants to work at another school in China, a “Letter of Release” from the previous school will be required.  This letter allows the next school to officially register the teacher; without it one cannot work legally at a new institution. 

- Taxes

- Chinese

All schools in China that hire foreign teachers must pay taxes on their salaries. Most employers will deduct this tax amount from the employee’s salary. The employer will arrange for this, and you should receive a receipt for any taxes that have been deducted from your salary. Tax amounts vary depending on the province and salary.  Questions should be directed to the local tax office.   

- United States

Americans residing abroad are not exempt from filing requirements, but are, under certain conditions, entitled to exclusions on foreign-earned income.  More information on overseas income and filing is available from the IRS publications “Tax Guide for U.S. Citizens Abroad” and “Overseas Filers of Form 1040”.  These and other Federal tax forms may be downloaded at U.S. Federal Tax Forms on the Internal Revenue Service web site at http://www.irs.gov.

CULTURAL CHALLENGES

Different Expectations

Many types of people teach English in China, with a variety of different aims.  Some come to China with ESL degrees specifically to teach English. Others see teaching English as a means to experience a new culture.  There are those who teach to support themselves while looking for other jobs in China, or while doing research in other fields.  As a result, English teachers in China arrive with a wide range of expectations.  Each individual brings his or her own unique perspective to the job and will have different reactions to new circumstances.  While China is developing rapidly and is increasingly open to global markets, it is still very different from the United States.  Do not expect to encounter the same standard of living, particularly when working outside of the major cities.  Having realistic expectations and a flexible attitude will help prepare you for the stress that can accompany living and working in a different culture.

Foreigners in China

China’s major cities all host large populations of foreigners; however if you choose to work in a smaller city or in the provinces, foreigners may still be regarded as a curiosity.  While the Chinese media does not always present Americans in a positive light, Chinese people are generally friendly and interested to learn about Western culture. Given their foreign status, American teachers will likely find themselves in highly visible positions no matter where they are employed, and the locals will be watching with interest. Remember that in some ways, Chinese society is more conservative than American society, and it is best to abide by local norms.

ADAPTING TO CHINA

Culture Shock

When first arriving in a country, visitors are usually excited and eager for new experiences.  After a while, the newness wears off and homesickness begins.  Do not judge yourself too severely at this point, as it happens to most people.  Culture shock usually dissipates in a relatively short time.  Continuing to cope with the realities of living here will help overcome most culture shock. Perhaps most importantly, make the effort to get to know students and colleagues.  Chinese friends will provide many valuable insights into the country and culture that will not be possible by interacting only with other foreigners.  

Location

China is a very large country, featuring several different climate zones and a sharp urban/rural divide.  Consequently, teaching experiences will vary.  Researching different locales ahead of time via the internet and guide books will help prospective teachers find a job in an area that best suits their preferences.

China’s major cities, Beijing, Shanghai, and Guangzhou, offer a more cosmopolitan experience.  While they can be crowded, and pollution is a problem, western food and amenities tend to be easily accessible, there are a number of establishments which cater to foreign clientele, and the health care available in these cities is the best in China.  Those interested in teaching English in a business environment, or planning to look for a substantial number of private pupils should consider focusing on these cities.  Many find that the transition for foreigners living abroad is easiest in these cities. 

Teaching outside of the major cities, either in a provincial city or in a small town in the provinces, provides a very different experience.  In China, a city of one million people can be quite provincial and might not have a modern infrastructure, western food and amenities, or adequate healthcare. Also, in areas that are far from urban centers, there will be fewer people who speak English.  Non-Chinese speakers may want to find out if someone at the school speaks both Chinese and English and can provide assistance.  Nevertheless, teaching in these areas provides the teacher with a view of the “real China” that may escape those who remain in the major cities.  For those who enjoy challenges and adventure, teaching in these areas can be a great option.     

YOUR EMBASSY AS A RESOURCE

The Embassy and U.S. Consulates in Guangzhou, Shanghai, Shenyang, Chengdu and Hong Kong can assist Americans in a variety of ways.  The Embassy and Consulates offer notary services, renews passports, add additional visa pages into passports, assist with absentee voting registration, and stock basic U.S. Federal Tax Forms. The Embassy’s web site provides additional information on marriage, voting, birth registration, and other issues Americans often encounter, at http://beijing.usembassy.gov/service.html

The U.S. Mission China provides services to American citizens throughout China.  More information is available at travel.state.gov and http://beijing.usembassy.gov/

FORMS

ETS Application Form

Medical Exam Form