A funny thing happened at the office the other day. Well, at the time, it wasn’t funny for any of us. But now we can laugh about it – at least some of us can! A handful of people came down with the flu. Remember that? Depending on who you talk to, the flu is COVID-19’s less lethal albeit extremely annoying sister or cousin.  We were all basically able to avoid the winter flu because we were shut up in our houses as we watched the world descend into total COVID-19 chaos. Then there were the usual spring sniffles thanks to Beijing’s infamous catkins infestation. But we also dodged that bullet. Most of us were still working from home well into spring and the majority of public spaces weren’t open. Those spots that were open enforced strict social distancing policies accompanied by mandatory mask-wearing. Then summer rolled in, normally accompanied by the summer sniffles, but we were able to avoid those. That is, until Beijing returned to a semblance of normalcy after the threat of a second COVID-19 wave. Suddenly, we had our summer back, and all the usual expat haunts have been operating at capacity ever since. And it is in such spaces and with such sustained contact that we are likely to pick up that pesky, contagious flu bug.

The COVID-19 testing site right outside Chaoyang Hospital’s main entrance.

Which brings us to the funny event at the office, when some of us began to complain about sore throats and even mild fevers. It is safe to say that the words sore throat and fever shall never sound the same again in a post-COVID-19 world. This is why I, being one of those suffering from these symptoms, had to get a COVID-19 test; if not for my own peace of mind, then for those in the office.

It was pretty simple really. I went to Chaoyang Hospital to get my nucleic acid test. It cost a total of RMB 120 for the test and I picked up my results 24 hours later. But if you have never had a COVID-19 test, there are a couple of things to keep in mind beforehand.

1. Please be sure to bring your passport along. You will need it.
2. It is recommended that you not have any food or drink at least half an hour before the test is done.
3. Also, do not brush your teeth before the test. It’s a good idea to get a portable toothbrush to do the needful once the test is done.

When you arrive, you will be expected to fill in a standard information form, including your name, contact information, and whether or not you might have been to any high-risk areas in Beijing, or whether you have been around anyone who has displayed any COVID-19 symptoms. Next, you will be ushered to where the information on your passport is registered, after which you can pay for your test. You get a bar-code sticker that will be used to track your test and also will be used to retrieve your results when they are ready for collection.

From registration to payment, to testing, the process is fairly straightforward and fast!

Now, I know the test itself is the most dreaded part for most of us. We have all seen the photos and videos of medical staff poking swabs into people’s noses. It just looks plain uncomfortable and painful. But that doesn’t happen at Chaoyang Hospital. They actually take a mouth swab, scraping the back end of your mouth gently to retrieve the sample. It’s over before you know it. I dare say it would not be an uncomfortable experience even for those with extremely sensitive gag reflexes. It took altogether 15 minutes. I went in the afternoon so there weren’t that many people queued up. If you would rather prefer to have it done in the morning, they start at 8.00 am and break at 11.30 am. Then they resume from 1.00 pm to 4.30 pm. Results are to be collected the next day between 3.00 pm and 4.00 pm.

What’s the moral of the story? As far as I am concerned, maybe masks aren’t bad in the meantime if only to keep the flu and the potential panic of a possible COVID-19 outbreak away!

KEEP READING: Hotel Family Quarantine: It Has Made my Children More Resilient

Photos: Courtesy of Mark Allan Karanja

We are all currently holding our breath hoping that Beijing, and China’s current good fortune as far as new COVID-19 cases go, continues. Inter-provincial travel is back on and people we are all scrambling to claim what is left of our summer. Foreigners across China are planning summer vacations as far away from the cities and provinces that have held them captive through the first half of this year.

But do a quick tour of a few expat groups, particularly international teachers in China Wechat groups and you will find something very alarming. International teachers, usually affiliated to training centers are reporting that they are barred from leaving their provinces, or even the cities in which their schools are located. These teachers claim that they have been coerced into signing contracts that bar them from leaving their cities or provinces under penalty of contract termination. Others also say they have had their salaries arbitrarily slashed and office hours increased.

“Teachers claim being coerced into signing contracts that bar them from leaving their cities or provinces under penalty of contract termination.”

As a foreign employee in China, it can be rather difficult to know what actions by employers are sanctioned by law, and how many are fly-by-night tactics by unscrupulous employers. That covers everything from working without a work permit to arbitrary changes effected on employment contracts without informing the teachers. So let’s get down to the black and white of it.

We spoke to Attorney Steve Li, an expert in legislation, arbitration, and trade in China to get some clarity on the issue.

First things first, working without a work contract is a massive no-no. According to Chinese law, it is the duty of the employer to apply for a work permit for their employees. But should you be caught working without a work permit, it won’t just be your employer held accountable. You shall also be liable to punishment, with fines of up to RMB 20,000 and a jail stint of up to 15 days, and even face the dreaded D-word, deportation. The employer might be fined anything from RMB 10,000 to RMB 100,000 for each employee working illegally at their premises.

Can your employee prevent you from traveling?

Now, down to the burning question. Does your company have a right to restrict your movement under penalty of termination? Yes and no. Yes, if it is as per government requirements such as a quarantine measure to help limit the spread of COVID-19. Certain companies around Beijing and across China have instituted this measure, prohibiting employees from leaving without explicit permission.

But what happens if COVID-19 situation is under control before contracts with limited mobility clauses expire? In that case, a direction to obey the contract would be a contravention of your right of movement, and as such, you are free to challenge it, and challenging your employer’s decision to limit your movement isn’t enough to legally fire you.

“Only under very limited circumstances may the employer terminate the labor relationship with the employee”

Then there is the issue of reduced salaries and increased workloads. This period has been difficult for everyone and companies have indeed suffered great losses. Many workers have had their salaries slashed. However, these reduced salaries also come with reduced amounts of responsibility. What happens in cases where the boss decides to half your salary while doubling your workload?

What happens if your employee arbitrarily reduces your salary?

1. • The employee may request the employer to correct this action based on Article 4 of the Labor Contract Law of China. This means the employee can challenge their employer’s decision to reduce their salary, and ask it to be reinstated to the previous amount.
   • The employee may apply for a court order requiring the employer to pay the full salary specified by the labor contract based on Article 30 of the Labor Contract of China.
   • The employee may report the employer’s breach of the labor contract to the local labor bureau based on Article 85 of the Labor Contract Law of China.
   • The employee may terminate the labor contract based on Article 38 of the Labor Contract Law of China and article 32 of the Labor Law of China.

What if your employee increases your workload?

• Generally, if the employee works overtime, the employee is entitled to overtime pay based on article 44 of the Labor Law of China and article 31, article 62, and article 85 of Labor Contract Law of China.

Even with all of these clarifications, it is also important to take note of the most important fact. What is good for the goose might not necessarily be what is good for the gander. Meaning, these rights, and recourses may apply fully to Chinese employees but not fully to you. As Attorney Steve puts it, “The application of those laws to foreigners are sometimes disputable, even the application of Labor Contract Law of China towards foreigners might be challenged by some local judicial practice.”

Should you wish to pursue legal action against an employee, arbitration is always an option, and you do not have to worry about retaining a lawyer as you can choose to represent yourself at such hearings. A lawyer is not necessary for doing so as you are allowed to represent yourself and the court clerks will help you with the filing.

Steve Li practice covers International Trade, Maritime Affairs, Litigation and Arbitration, Real Estate, FDI and more. To get in touch, call  15201876913 or email:steve.li@sinoparlaw.com

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Photos: Unsplash

Because of COVID-19, masks have become every man’s new best friend, and leaving the house with a mask is the equivalent of remembering to bring keys. One year ago, this lifestyle would have been utterly unimaginable to most of the world, yet for some people, it’s been this way for a long time. The Chinese, in particular, have a long history when it comes to masks.

Documentations dating back to as early as the 13th century suggest covering one’s nose and mouth was a tradition in China. For instance, servants in the Yuan Dynasty did so with a piece of cloth when serving food. However, the medical masks we recognize today were actually a result of Western influence and only became popular in the 20th century. As China experienced waves of malaria, scarlet fever, and more in the 1900s, the government strongly recommended masks, just as they are doing now.

Life in Beijing just wouldn’t be complete without face masks. When I was in elementary school, every now and then we would have an indoor recess day because of the appalling air pollution, and the SARS outbreak of 2003 reinforced the need to wear them to minimize infection rates.

Just two semesters ago, I used to get to school via subway. Most passengers, including myself, would casually put on a reusable mask in case someone nearby had a cold. I remember once FaceTiming a foreign friend on the ride home and she was beyond shocked to find a mask on my face.

Learning from past experiences, the Chinese have been one step ahead during the COVID-19, already well-aware that surgical and N95 masks could minimize infection rates. When COVID-19 made its debut appearance here in late February, my family’s first reaction was to put on a mask, even though it drew immense attention to us. The policy was that only confirmed patients were required to mask up, mainly because the limited supplies had to be reserved for those on the frontline.

Unfortunately, many in the West are struggling to wear them. When COVID-19 first made its way abroad, many governments deemed masks to be unhelpful and optional. But when cases grew out of control, they changed their mind and declared masks mandatory.

Since I’ve been stranded abroad in Jerusalem, I witnessed firsthand how foreigners have gradually followed in China’s footsteps and adopted masks into their daily life. As soon as China began exporting masks, they became mandatory and their insane prices dropped. Nonetheless, it was still too much for the public to absorb. Walking down the street, most citizens would either leave their nose out, wear it on their chin, or even dangle it on their wrist. The silliest thing I’ve seen so far was a scrunched up mask worn between the nose and mouth.

Police cars are constantly searching the city for rule-breakers. I’ve watched officers remind citizens to wear their masks properly or even hand out masks for free. Oftentimes, people only rummage through their pockets for a mask when they hear the police siren approaching, a far less common situation in China.

The other week, at a Scout meeting, an Israeli teacher and I went to purchase snacks for the rest of the group. The supermarket worker had to constantly remind her to wear her mask properly. As we exited, she asked me: “How do you manage to keep your mask on all the time?” So I explained to her about the air pollution, the SARS outbreak, and the way masks have become part of Chinese culture. She was absolutely stunned.

I’m sure countless foreigners living in Beijing feel that way too. If that’s you, maybe you’re glad you had a chance to adapt before facing a global pandemic. Or maybe you recall days when you struggled just like these Israelis. Either way, it’s at times like these when we uncover culture gaps we’d never have thought of before. A custom so common in Beijing can be so unbelievable elsewhere in the world.

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Qinglan Du is a 16-year-old student from Beijing City International School. She’s originally from Beijing but is currently living in Jerusalem with her mother due to the COVID-19 pandemic. Aside from her passion for writing, she enjoys singing, spending time with friends and family, and experiencing new cultures.

Photos: Unsplash

Food is the cornerstone of all life. But what if one is deprived of that cornerstone? That’s exactly what many vulnerable people around the world have faced with the burden of the pandemic on their shoulders. Countless have become unemployed and others who traveled from abroad still must enter quarantine, becoming cut off from their usual food supplies.

Older people appear to be most susceptible to the disease, so many find themselves unable to leave the house, even for grocery-shopping without putting their lives at risk. Thankfully, many communities around the world are catering to this very need, by organizing volunteers who can package and deliver food to the doorsteps of the elderly, disabled, and other individuals with underlying health conditions. And upon discovering that adolescents are the least vulnerable to coronavirus, many young people across the globe have taken it upon themselves to help those who are less fortunate.

In Jerusalem where I’m currently living, my friend’s brother began volunteering in late March. “It made me feel like I was helping even during a time like this,” he said, “there were cases when people cried in front of me because I brought them food.” Inspired, I decided to join him.

Boxes of goodies, ready to go out!

An organization that has played a major role in supplying and distributing the food here is Latet, an Israeli nonprofit organization founded in 1996. The name Latet originates from the Hebrew word לתת, meaning ‘to give’; to give to the elderly, to give to the poor, and to give to all those in need.

One of their warehouses is located half an hour away from my house. Along with other teenagers from various schools and Zionist youth movements in the area, we gather around an assembly line, packaging boxes containing all sorts of food for those in quarantine, ranging from chocolate spread to hummus to couscous.

Mingling with the teenagers is one volunteer in his 70s, who despite his old age, insists on being the one to carry heavy packages from the assembly line to the carts. This set an unparalleled example for the rest of us, and his exclamations of  “I’ve got the power!” light up everyone’s faces.

In Beijing, the workload is split up between communities. Each community has a group of young volunteers, typically in their 20s or 30s, responsible for taking care of quarantined members. To minimize infection risks, those in quarantine request the food and daily supplies they need via Wechat. Volunteers wearing their signature red cloth badge then complete the shopping for them and deliver it to their door. Wechat groups are often opened for both the volunteers and quarantined citizens, allowing communication to be as easy as ever.

This simple act of kindness became increasingly popular and was awarded the phrase 隔离不隔爱 gé lì bù gé ài, meaning “quarantined but not quarantined from love”. Whether it was back in the freezing days of February or under the current blazing July sun, these volunteers have been diligently looking after their communities, offering the most valuable and safest human connection in a world where human connection can be dangerous.

In the face of the coronavirus pandemic, we, as young people, must take advantage of our time and energy by stepping forward and providing for those who have provided for us all our lives. If I was to name one happy memory from 2020, it would have to be the satisfaction of sealing a packaged box of food, as I smiled broadly under my mask.

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Qinglan Du is a 16-year-old student from Beijing City International School. She’s originally from Beijing but is currently living in Jerusalem with her mother due to the COVID-19 pandemic. Aside from her passion for writing, she enjoys singing, spending time with friends and family, and experiencing new cultures.

Photos: Courtesy of Qinglan Du

Barring another outbreak, cinephiles in China may yet again find themselves in front of the big screen. The China Film Administration (CFA) announced via its website Thursday that the country’s movie theaters could begin opening to the public as early as Jul 20, as long as they are located in low-risk areas. As of Jul 16, Beijing has just four medium-risk areas, all of which are in Fengtai district, and no high-risk areas remaining.

Movie theaters have been the subject of much online debate as insiders have insisted that forced closures are doing undue damage to China’s film industry. Of course, movie makers are adept at playing up drama, and it seems this time, it really has gotten them their way.

As we are accustomed to expecting at this point, the reopenings will be accompanied by strict policies that aim to make the cinema a safe place for movie-goers.

Movie-goers will have to maintain social distance in cinemas

According to the document released by the CFA, cinemas will have to keep track of employee health, perform regular disinfections between screenings, and provide good ventilation. Moreover, screening times will be reduced and are limited to a maximum of two hours per screening.

Critically, ticket sales will be moved online, and a minimum of one meter between viewers who do not book together is required, meaning that there will be significantly less seating available.

The document does not mention requirements about mask-wearing for viewers, but the CFA wrote on its website that cinemas must adhere to local requirements. As of yet, there is no word from the city about whether it will implement stricter policies for cinemas than the national standard.

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This article originally appeared on our sister site, theBeijinger

Images: Corina Rainer via Unsplash, Sina

On Jul 5, International Baccalaureate Organization released candidate results for 2020, and many students were disappointed by their awarded grades, which were significantly below what had been predicted. Close to 10,000 students have since signed a petition, calling for “justice” for their low grades. Another separate petition was also created, pushing for new grades to be issued. Furthermore, the hashtag #IBScandal has been used on social media platforms as students express their frustration.

How were the results calculated?

Under the International Baccalaureate, each subject group is graded on a scale from 1 to 7, with seven being the highest score. Furthermore, up to 3 additional points can be awarded for the Extended Essay(EE) and Theory of Knowledge (TOK). The maximum score for the Diploma Programme is 45 points. This year 170,343 candidates took the IB, culminating in a global average of 29.9. The diploma pass rate is 79.1%.

IB scores are usually calculated using end-of-year written examination results, and to a lesser degree, coursework and in-school assessments. This year, due to COVID-19, the May 2020 series of exams were canceled and the IB announced that results will be calculated based on coursework, internal assessments, teacher predictions, and historical data.

“We will be using vast historical assessment data to ensure that we follow a rigorous process of due diligence in what is a truly unprecedented situation” they announced at the time. “We will be undertaking significant data analysis from previous exam sessions, individual school data, subject data as well as comparative data of schools who have already completed uploading requirements and those who have not. We will require schools to submit the coursework for all candidates. We will externally mark work that is usually marked by teachers, instead of taking samples and applying moderation.”

Criticism of the 2020 grading model

The recent grading model the IB has used to award grades has received much attention, with critics expressed concerns regarding issues such as the socioeconomic status of schools. Furthermore, a widely expressed concern related to the effect of teacher predictions on the scores, as teachers have been found to provide lower predicted scores for students of color and students from disadvantaged communities.

In response to criticism from an article, the IB stated that the recent grade distribution of results corresponds to grades from past years. Furthermore, they are confident that grades have been awarded fairly.

In regard to their grading model, the IB stated that: “It was also checked against the last five years’ sets of results data, to ensure that it would provide reliable and valid grades for students. Prior to the attribution of final grades, this process was subjected to rigorous testing by educational statistical specialists to ensure our methods were robust.”

“The stability of results for students has been maintained for the May 2020 session. The mean total points for May 2020 DP students show small increases in the average grade achieved compared to previous years. The grade distribution level is also in line with the previous four years of results data.”

“The IB is confident that it has awarded grades in the fairest and most robust way possible in the absence of examinations, and the grades awarded to students are of equal value to those awarded in any other year. This level of confidence means that the DP and CP certification documents awarded to students for the May 2020 session will be the same as any other session.”

Candidates react

Linda Yang, a recent graduate from Beanstalk International Bilingual School (BIBS) believes that the issue is more nuanced than students simply receiving lower grades than they hoped for. “Candidates were both harmed and encouraged under the IB’s mode of assessment this year.” She emphasized that each group subject came with different challenges such as oral assessments and internal assessments (IA’s).

“The justice of the IB results very much depended on each independent subject group. The nature of various assessments offered different challenges and requirements for each individual candidate. Additionally, some candidates may have had more opportunities to work/study for their assessments.”

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Images: Green Chameleon (via Unsplash), International Baccalaureate Organization 2020

A US federal judge announced yesterday that the Trump administration has revoked its policy that would prevent international students from taking online-only courses in educational institutions to stay in the United States. The move is a rare backflip for the administration which has built a reputation for draconian immigration policies.

The decision comes a week after the US Immigration and Customs Enforcement (ICE) agency announced that students that had F-1 or M-1 visas and enrolled in schools providing online-only instruction for the Fall 2020 semester would have to leave the country, or transfer to another university that was offering in-person or hybrid (mix of online and in-person) instruction. The announcement threw many international students and their academic plans into a quandary, as they contemplated deferring their studies. Many also feared being forcibly deported from the US, due to the lack of international flights preventing them from leaving voluntarily. It also prompted a wave of lawsuits against ICE and the Department of Homeland Security (DHS) from the country’s leading universities and a coalition of 17 states. Universities like Harvard University and the Massachusetts Institute of Technology (MIT), where international students make up more than 20% of the student body, were the first to file such lawsuits.

According to a CNN source, the White House caved in to the strong opposition to this proposal outside the administration, and the man staff within the West Wing believed the policy to be poorly devised and implemented. The policy did not include instructions for international students if they wished to transfer to schools with in-person or hybrid instruction. China Daily reported on Harvard and MIT’s joint lawsuit, which argued that ICE and the DHS did not take into account the “reality” of the pandemic continuing. By enforcing this policy, the agencies would be putting the health and safety of students, faculty, and staff members across the country at risk.

According to the very same CNN article, the White House is now focused on having the new rule apply only to new and incoming international students, rather than those already based in the US. On this matter and any other ongoing international students’ visa policy decisions, the White House declined to comment. For now, however, the move to rescind the proposal will bring a sigh of relief to the more than 1 million international students based in the US. They will now not be forced to return to their home countries or transfer to another school, college, or university. The administration will now return to the policy that was in effect from March, which gave more flexibility by allowing international students to take online-only courses and simultaneously remain in the US.

KEEP READING: UK Surpasses US as Preferred Study Destination for Chinese Students

Images: Yushang Xu (via Unsplash)

On Monday, Jul 6, the US Immigration and Customs Enforcement agency (ICE) updated its policy regarding temporary exemptions for nonimmigrant students. As per the update, international students studying in the US holding an F-1 or M-1 nonimmigrant visa will be forced to leave the country if their school continues to conduct online courses only. Under the change, around 1.2 million students might face deportation.

Universities such as Harvard and Princeton have already announced that some students will have to take online courses due to the ongoing COVID-19 pandemic, with Harvard stating that all their undergraduate courses – excluding the Faculty of Arts and Science, which will allow 40% of their undergrads on campus – will be online for the entire school year. In fact, 8% of all US colleges have reported that they plan on online-only courses.

This has created quite a conundrum for many students, as traveling restrictions and periodic lockdowns in their home countries leave them without a safe haven to turn to. ICE has yet to expand on what will happen to such students, should they remain stranded. Many students have already voiced their concerns on social media, stating their fears around local COVID-19 management, the economic recession it is causing, and the health issues that immunocompromised students must face. Even the fate of Chinese students with a Chinese passport remains uncertain, as China currently only permits two round trips per week with U.S. airlines. 

According to former Beijing World Youth Academy student Yvonne W who will be attending Pratt Institute in New York this Fall, the COVID-19 pandemic has already had a huge impact on student prospects. “A lot of my friends are taking a gap year or deferring due to this. Overall, it’s just making students’ lives harder.” She may be forced to return to China if her university does not offer a hybrid model, yet tickets are hard to obtain and prices are high.

With many colleges moving to a hybrid online model, lecture halls the world over will stand empty when school resumes in the Fall

However, hope still remains for international students in the US. Students that attend schools that offer a hybrid model – that is with some classes on campus and some online, will be allowed to stay in the US. It is reported that at least 23% of colleges are planning on operating under such models including Stanford, Yale, Northwestern, Georgetown, and the University of Pennsylvania, although the specifics of how the system will operate remain unknown. However, that exception does not apply to those with an F-1 visa in English language training programs or an M-1 visa studying for a vocational degree. Schools have been given 10 days to update their plans and report to the Student and Exchange Visitor Information System (SEVIS).

International students can also seek to transfer to a school that offers a hybrid model, but under such short notice and without clear instructions as to how to do so, their future remains unclear. 

It is important to note that the new policy has not been officially published in the Federal Register. Certain universities have started to take action, including the University of Washington, which will be working with the state’s congressional delegation and key federal officials to attempt to influence the final rule.

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Credit: Patricia Beatrix Villanueva (via Unsplash), Nathan Dumlao (via Unsplash)