SHANDONG University of political science and law
SHANDONG University of political science and law
Administration

Notices for Working in China for Foreign Teachers

I Preparation before coming to China The foreign experts shall complete the following two preparations before coming to China :   1 Mental preparation The foreign experts shall complete mental preparations before leaving for China. You might have visited some views and interests of one or more cities of China in a short period before, but the communication with Chinese and the understanding of Chinese culture and custom are far from deep. This time, however, you are supposed to live and work with Chinese culture for one or more years in a country where the history, culture, tradition and social system are entirely different from those in your country.   2 Material Preparations The foreign experts generally have the travelling experience and are aware of what kind of luggage and paraphernalia should be carried. Your host institution has prepared excellent living and working conditions for you. As is known to all, China is still a developing country. Except some big-size and middle-size cities are in preferable conditions, the conditions in remote areas are much worse. However, in order to welcome the foreign experts, the host institutions have tried their best to ensure a comfortable life and a convenient job environment. It is advised that foreign experts be not hypercritical in material requirements. What is important is that your goal is to work in China. You need to prepare relevant articles such as portal personal computer, instruments, and teaching materials if the preparation is not plenty, your work may be affected. In case you are not sure, you are advised to inquire your host institution about what living and working articles should be carried with. II The foreign expert should provide the following materials to the host institution when applying for a job: • Personal Resume • Degree Certificate (copy) • Certificate of Teacher or relevant professional skill certificate • Health evidence (the foreign expert may download Medical Examination Record of Aliens made by Ministry of Sanitation of China and do physical examination thereafter.)   Notice: 1) According to the stipulations of Chinese law, the validity period of Medical Examination Record of Aliens is 6 months. Therefore, the foreign experts should pay attention to the time for medical examination and make sure the Medical Examination Record of Aliens is valid within30 days desirable for handling of necessary formalities after entering China. 2) Every item in the Medical Examination Record of Aliens shall be filled without blanks. III After the foreign expert and the host institution formed the employment relationship, the uniform Standard Employment Contract made by the State Administration of Foreign Experts Affairs shall be reached .In case the employment is by way of self-recommendation or other introduction, to ensure you are surely willing to take office in the institution, the host institution may require you to render credit bail of $600-1000 (the amount can be negotiated) in advance according to the stipulations of State Administration of Foreign Experts Affairs. After receiving the bail, the host institution is ready to handle the formalities for you to enter China. After you take office or before the contract expires, the host institution may provide you the out and homeinternational airplane ticket in advance, which shall be kept as the credit bail and may be reimbursed before the expiration of the contract.   IV According to the regulations of Chinese government, where the employment term of foreign experts is more than 6 months, the host institution is obliged to send the Confirmation Letter for Foreign Expert (original piece), which proves the identity of the expert, to the expert himself. Only when the invitation letter and the Confirmation Letter for Foreign Expert are possessed (none of them shall be absent) can the foreign expert apply to the Chinese embassy or consulate in his country for visa for working in China (Z); where the employment term is less than 6 months, visa for visiting China (F) can be applied by the invitation letter presented by the engaging unit.   Note: Foreign experts entering China for work must apply for the corresponding working or visiting visa according to the employment term or invitation term, and not for the traveling visa. Otherwise, you may get in great trouble. For according to the stipulations of Chinese law, traveling visa is not convenient to be changed into working visa or visiting visa. The visa can be changed only when outside the border (for example, you can switch to Hong Kong SAP of China) and after the host institution presents the working invitation letter for a second time, the working visa can be granted for entry into China. V According to stipulations of Chinese law, aliens who hold the working visa shall handle the Residence for Aliens within 30 days after entry. If it exceeds the term, a fine of RMB500 per day will be imposed. We hope that the foreign experts settle down the residence permit within specified term and such unhappy things do not happen.   The handling of Residence Permit for Aliens shall be based on: * Valid passport (working visa) * Foreign Expert Certificate * Authentication Certificate issued by the sanitation   Note: • Foreign experts shall pay attention to the residence term of their own Residence Permit for Aliens. In case the term needs to be prolonged, procedures for prolonging the residence term shall be promptly handled in local public security organ. Overtime will be subjected to fine according to stipulations of Chinese law. • According to stipulations of Chinese law, the aliens shall, when changing their residences, settle down the domicile out-moving procedures in the local public security organ in advance and then handle the domicile in-moving procedures in public security organ of the new domicile. • According to the Chinese law, in the valid period of Residence Permit for Aliens, the aliens shall settle down the re-entry procedures in the local public security organ in advance before temporary exit. Otherwise, the frontier inspection organ may capture the Residence Permit for Aliens and you have to request the host institution spend a lot of time to re-handle the entry procedures when you seek another entry.   VI Chinese government specifies that all the foreign experts engaged for work in China shall settle down the Foreign Expert Certificate so as to differentiate from the Occupation Certificate of Aliens acquired by the foreign employees from the department of labor. The foreign experts who hold the working visa (Z) or visiting visa (F) may acquire the Foreign Expert Certificate. The foreign experts shall return the Foreign Expert Certificate to the host institution when leaving China. In case they want to keep the Foreign Expert Certificate as a memorial, the host institution may consent, but the certificate shall be cancelled. The handling of our Foreign Expert Certificate shall be passed on: * Valid passport (working visa) * Standard Employment Contract signed with the host institution or copy of agreement between governments or colleges; the contract of dispatch document of the teachers or managing personnel of schools that specifically enroll children of foreigners; the staff of the standing body of foreign organizations in China shall have the appointment or dispatch document issued by the organization.   Note: • According to the stipulations of Chinese government, the valid term of Foreign Expert Certificate is one year. If the foreign expert and the host institution jointly determine that the term be prolonged, the procedures for prolonging the Foreign Expert Certificate shall be handled in the certificate issuing authority in evidence of the new employment contract. Afterwards, the procedures for prolonging the Residence Permit for Aliens shall be settled down in the public security organ by the Foreign Expert Certificate. • According to the stipulations of Chinese government, in case the foreign expert has finished his work in one host institution and is employed by another institution, the former Foreign Expert Certificate will become invalid and shall be returned to the former host institution. The new host institution shall handle new certificate for the expert. • According to the stipulations of the Chinese government, Foreign Expert Certificate applies to the principle of territorial governing. Therefore, in case the foreign expert finished his work in one city and is employed in another city, the former Foreign Expert Certificate will become invalid and shall be returned to the former host institution. The new host institution shall handle new certificate for the expert.   VII According to the stipulations of Chinese government, for the purpose of protecting the legitimate rights and interests of foreign experts in China, the foreign experts should enter into the Standard Employment Contract uniformly made by the State Administration of Foreign Experts Affairs with the host institution and definitely stipulate in form of contractual attachment the working assignment and quality, the salary, treatment and other matters the two parties consider the Standard  Contract has not covered. All these comprise an integral contract. • In order to protect the legitimate rights and interests of foreign experts in China, when entering the contract, please note: • The conclusion of Standard Employment Contract shall use the original document. The copy is valid. The Standard Employment Contract has six translated version as English, French, German, Spanish, Japanese, and Arabic. Version of other languages can be instituted by the English version or be translated and made by the host institution. • The employment contract shall be concluded in written form. Any oral agreement will be regarded as valid. • The foreign expert shall sign the contract before coming to China; those who have been staying in China shall enter the contract before taking office. • Considering the foreign expert is in need of renovating his knowledge and shall adapt his native life and find a new job as soon as possible after repatriation, the continuous term of the contract for the foreign expert to work in China is not suitable for over 5 years. The next employment shall be after two years. • The host institution may stipulation a probation period of 60 days for foreign expert. In the probation period, if the host institution finds out that such situation of the foreign expert as the health condition or professional ability is not fit for the working assignment agreed upon in the employment contract, he is entitled the right to cancel the contract. • When signing the attachment of the employment contract, please note: • The Standard Employment Contract made by the State Administration of Foreign Affairs has the uniform serial number. Therefore, the attachment shall be marked as the attachment of which number of standard contract in order to show the coherence with the standard contract. • The working assignment shall be concrete and not ambiguous. The quality of the work shall also be definitely stipulated. • Other matters the foreign expert considers the Standard Contract has not covered. • It shall be explained that the attachment has equal validity to the Standard Employment Contract and comprises an integral part of the contract • The attachment shall take effect after the foreign expert and the representative of the host institution sign it. Note: The foreign expert must consult the host institution about salary and living treatment before coming to China and stipulate such matters in form of attachment of the contract. The salary and living conditions mentioned below are applicable to the general conditions and are possibly unfit for the requirement of your host institution and yourself.   1 Salary and Treatment • Direct payment monetary salary The salary will be paid monthly by RMB from the day of starting work to the expiration of the contract. In case it is not enough for a whole month, the payment shall be counted by day. The daily wage will be 1/30 of the monthly salary (February will be the same). No more than 70% of the salary can be changed into foreign currencies monthly. The employed party shall pay the personal income tax in accord with the Personal Income Tax Law of the PR China. The starting amount of taxation is RMB 4001. The monthly salary standard for reference: where the expert has got the bachelor degree and the working experience is more than two years, the monthly salary shall be no less than RMB 2500. For those who has got a master degree and the working experience is more than three years, the monthly salary shall be around RMB3500. For those who has got a doctor's degree and the working experience is over five years, the monthly salary shall be about RMB 4000. No more than 70% of the monthly salary can be changed into foreign currencies.   • Indirect payment The host institution will guarantee the fundamental living conditions for the foreign experts in China:   * Providing the lodgings with furniture, bedding, telephone, television, refrigerator, toilet, and heating and cooling facilities. (The lodgings provided to the experts whose employment term is more than half a year (or one semester) shall be equipped with a kitchen).   * Providing the medical care at public expense. The foreign expert must see the doctor in the foreign-involved hospital appointed by the host institution. If not in the hospital appointed, the expert shall undertake the cost. Such costs such as registration, transportation for medical care, tooth inlaying, face lifting, health protection rubdown, glasses, meals in hospital, restorative but not for medical purpose, and examination outside the hospital charged shall be undertaken by the expert.   * Paying the traffic expenses for and off work or providing proper traffic allowances for the expert whose working place is far from his domicile.   * International airplane tickets (international tourist class airplane ticket of the nearest distance from China to the country of the expert).   Note: Since the economic situation of the host institution may differ, the indirect payment for each expert is possibly different. According to the statistics, the indirect payment for each expert varies from RMB 80,000 to RMB 100,000.   2 Working time, rest, and holidays  • The working time of the foreign expert shall be 8 hours per day, 5 days per week. • In case the foreign expert is arranged to work overtime, reward above the regular pay in normal work time shall be paid in accord with legal standard. • The foreign expert shall enjoy the following holidays and festivals in China: New Year's Day, Spring Festival, Labor Day, National Day, Christmas and other holidays stipulated by laws and regulations. • The foreign expert may enjoy the annual holiday with payment. Where the contract term of the foreign expert is one year, the holiday with payment shall be four weeks. Where the expert works in an educational institution and the contract term is one academic year, he may enjoy one holiday (winter holiday or summer holiday) in the institution with payment.   3 Sick leave and private affair leave • Request for sick leave by the foreign expert shall be proved by the foreign-involved hospital appointed by the host institution. Where the sick leave amount to less than 30 days in one contract term (one year or one academic year), the foreign expert shall be paid 100% of the salary. In case the leave exceeds 30 days, the host institution is entitled the right to dissolve the contract, or if the contract is not dissolved, the salary will be paid by 70% until the normal work is resumed. In the contract term, the medical care cost of the foreign expert in the foreign-involved hospital appointed by the local government during errands on business shall be paid the host institution; the medical cost for private business shall be undertaken by the expert. In the contract term, the foreign expert shall undertake the medical cost spent in Taiwan Province, Hong Kong SAR, Macao SAR or outside China. • Private affairs leave of the foreign expert shall acquire the approval of the host institution. The host institution may deduct the salary by day. In the contract term (one year or one academic year), the private affairs leave shall not exceed 10 days. Where one day exceeds, salary for two days will be deducted.   In case of absence off work without allowance of the employing party, where absence amounts to one day, payment for three days will be deducted. Where the situation is serious, the host institution has the right to dissolve the contract and investigate the liability of the foreign expert for violation of the contract.   • How to settle the dispute on the employment contract   • The two parties shall seek settlement through friendly consultation. • Where the consultation is not a effective, the parties may apply for mediation or arbitration to the Arbitration Committee on dispute arising from the Employment Contract for Foreign Culture and Educational Expert established by the State Administration of Foreign Experts Affairs according to the arbitration terms in the standard contract. • In case the contract is not a standard contract and has no arbitration terms, only when the two parties jointly apply for mediation or arbitration can the arbitration committee accept it. The application brought forward by one party alone will not be accepted and each party may sue to the local court.   VIII Protection of foreign experts' intellectual property rights   Great attention is paid to intellectual property rights the important requirements of international exchange of technology, economy, culture and talents. The Chinese government keeps strengthening the making and implementation of laws and tries to create the correct environment for the protection of intellectual property rights. Foreign experts' intellectual property rights of patents, works, special techniques and trademarks are respected and protected by the Chinese government. If the expert or his company applies for patent or trademark protection, they will own it and the right will be rewarded. The Chinese government and the departments concerned will maintain the business secrets according to law. The secrets cover designing plans, production processes, formulas, crafts, strategies of management, name lists of customers, information of material resources, policies of manufacture and sales, any bids and documents. Chinese law forbids illegal acts such as stealing, enticing, threatening or exposing the agreement. At present Chinese laws concerning the protection of the intellectual property rights are mainly the “General Rules of the Citizen Law of the People's Republic of China”, and the "Trademark Law of the People's Republic of China”,” Patent Law of the People's Republic of China”,” Contract Law of the People's Republic of China”, the" Rules of Computer Software Management”,” Corporation Law of the People's Republic of China”,"Foreign Trade Protection Law of the People's Republic of China”, and” Commercial Banking Law of the People's Republic of China”.” The Scientific Fruit Transferring Rules Law of the People's Republic of China " also concerns the protection of intellectual property rights. The Chinese government has participated in international protective actions of intellectual property rights, the negotiation of important agreements, and has accepted international duties of protecting intellectual property rights.   IX Insurance in China Chinese insurance companies cover a large range of business. Foreign experts working in China are advised to buy the following insurance: • Property insurance • Personal accident insurance • Vehicle insurance • Employer responsibility insurance • Public responsibility insurance • Investment insurance The People's insurance Company of China and other large insurance companies operate many branches in Beijing and other major cities to cater to the needs of foreign customers.   X Medical care in China The health system in China covers the whole country. Most of the host institutions have their own clients to deal with minor complaints. There are hospitals in almost every city where patients can get treatment without having to travel too far. Big cities like Beijing, Shanghai, Guangzhou and all the provincial capitals have well-equipped hospitals which employ many experienced doctors with specialized departments including that of traditional Chinese medicine. Many cities have special departments for foreign experts where patients receive first-class attention. China adopts a partly free medical care service. Particular issues concerning foreign experts' medical care should be covered in the contract.


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