For the uninitiated, navigating the bureaucratic systems in China carries a certain degree of challenge. Differences in language and legal system alone will make contracts unfamiliar and intimidating for most foreign residents, increasing the risk that the average expat will sign without a full understanding of the terms of the agreement, or is left without much recourse should terms be violated. To avoid the headache of common contract problems, here’s a basic primer.

The Basics

• Language: Contract language can be chosen by both parties, meaning that you have the option of Mandarin or English. If the contract has an English and Chinese version, only the Chinese version is legally binding. This feature can leave foreigners who do not speak Chinese in a vulnerable position, as terms may differ in the Chinese language version, so if possible, ask to have the contract written in English only.
• Structure: Chinese contracts tend to use simple language and are generally shorter than in most Western legal systems.
• Key provisions: When crafting a business contract with a Chinese counterpart, make sure to include an amendment for damages with the correct business name. Preventing any confusion and clearly establishing legal penalties will save time in the event of a conflict.

Rental Agreements

• Contract length: Rental agreements are quite variable in length and highly subject to a case-by-case negotiation. While you might pay month to month, paying in installments of three to six months is more common.
• Deposit: Landlords may mandate two months’ rent in an upfront deposit. When paying your deposit, avoid paying in cash when possible. Creating a paper trail will help protect you in the event of a dispute.
• Disputes: Renters, whether foreign nationals or PRC citizens, have limited recourse in the event of a rental dispute. In recognition of the challenges faced by renters, the Ministry of Housing and Urban-Rural Development rolled nationwide laws to clarify the obligations of landlords and protect the rights of tenants in spring 2017. These stipulations prohibited landlords from arbitrarily evicting their tenants, and instituted fines for raising rents prior to the end of lease agreements. Should you need to dispute your rental contract with your landlord, you can take the case to Chinese court. However, expect the process to be lengthy and unlikely to gain a favorable resolution. To save yourself the headache later on, ask for feedback from previous tenants when possible.

READ: How to Find and Rent an Apartment in Beijing: Everything You Need to Know

Work Contracts

• Length: Most contracts for foreigners in China are for one year only and are designed to align with yearly work visa renewal requirements.
• Probation and termination: Inclusion of a probationary period is common, within this timeframe either you or your employer are able to terminate the contract without penalty. When negotiating your contract, pay attention to termination terms. When possible, make sure your employer is mandated to give you at least 30 days’ notice.
• Annual leave: Under Chinese law, workers are guaranteed mandatory annual leave. For more than one year and less than 10 years of work experience in China, you are guaranteed five days of vacation in addition to national holidays. If you have worked for less than a year in China, you are not legally guaranteed any additional leave.

Want to Work for Us? The Beijinger is Hiring!

Phone Contracts

• Key players: the largest mobile companies in China are China Mobile, China Telecom, and China Unicom. While you will receive similar service with all providers, there are a few differences worthy of note. China Mobile has the largest market share of the three, so will provide the most options for service no matter where you travel domestically. China Unicom is the only provider that offers 3G services for phones purchased outside of China. China Telecom, in contrast, will not work with any phones bought internationally.
• Getting service: The most common option for foreigners purchasing phones in China is to buy a pre-paid SIM card with a set amount of data and minutes and then top up as needed. If you will be in China for a longer period, monthly service contracts (referred to as “set meals,” or 包月套餐 bāoyuè tàocān in Mandarin) will automatically deduct funds for a set number of minutes and data per month.
• Location: Whenever you purchase your SIM card determines your location restrictions. Although your phone will work in other parts of China, you may need to purchase additional data when traveling domestically.

READ: Everything You Need to Know About How to Get the Elusive Chinese Green Card

Image: talkingconstruction.com

Moving house is always a stressful time. Moving house in a foreign country however can lead you to the brink of insanity, heightening your levels of anxiety, and leaving you with a sense of utter helplessness. Add a baby, a disgruntled landlord, and incompetent agents, and you’ve got yourself a whirlwind of taxing unease.

A constant worry for expats living in Beijing is renting a home, particularly for families trying to negotiate their way through the concrete jungle of real estate. What is the best location? Where can you get value for money? Are there adequate amenities in the vicinity of your apartment or house? What about your landlord’s disposition with foreigners? Who will communicate with you? Will it be possible to communicate directly at all? These and more carry you into an abyss of uncertainty about whether or not you are making the right choices.

When approaching the beautifully laid-out compound of Upper East Side, Lido, I was seven months pregnant and ready to nest. I instantly fell in love with the neighborhood and was even more set on occupying a spacious two-bedroom, with access to a roof terrace, when I waddled into the real estate agency’s office and spoke to English-speaking staff who offered a parched pregnant lady an ice cold paper cup of water.

Both looks and words can be deceiving. The can-do attitude and candid approach of the agent, the sturdy and somewhat staunch proprietor, led me to believe that all was above board. How could anything go wrong? They specialize in “rental and sales of high-end apartments and villas in Lido,” and on their website provide you with glossy assurances, “We aim to win your trust with sincerity and get your recognition with great efforts. We will always be here, ready to serve you.” Surely they would only have the very best properties and even better landlords on their books. I was wrong.

After meeting the landlord, there were signs that not all was well. He seemed disappointed upon arrival when we all turned up for the handover of the apartment, and both my husband and I felt that for one reason or another we weren’t quite what he was expecting. Broken agreements, faulty items in the home, repaired and replaced large purchases, and a tiring back-and-forth WeChat conversation over the course of the first month all ensued, and was the start of disastrous things to come.

The apartment hadn’t been serviced in a while and my husband and I found items dating back to as early as 2008. We agreed to replace the sofa and the fridge, re-grout all the tiles in the home, and replace the pipes under the sink on the condition that those items from the moment of purchase belonged to our family. Inventory amended, agreement made, and we all thought we could now breathe.

Fast-forward one year later. My husband is at work and I’m packing up my home with my 9-month-old baby in tow. The large purchases we’ve made have been successfully sold, and although we decided to leave a year earlier than planned, we gave the required notice, forfeited our deposit, and informed the agency. This was somewhat a challenge as just eight weeks into our signed contract the real estate agent had blocked us on WeChat and refused to deal with the most basic of requirements; which doesn’t really mirror the promises made on their website to “serve” clients with their “expertise” and “sincerity.” Further down the rabbit hole we went.

The landlord refused to grant us a permit to clear our things from the compound, stating that the sofa that had now been sold was his. Our personal intermediary agent and my husband and I explained that this was not legal and we had every right to remove our belongings.

A moving company came, and while bringing down our things, freighting Gestapo-style antics began. With my baby in my arms and my ayi by my side, up to six security men surrounded us, one tried to physically stop me from accessing the gate to leave the compound and the belligerent proprietor from the agency turned up to film the struggle. The offense team of intimidators spoke no English, and what followed was one of the most stressful moments I’ve ever encountered while living in China.

We spent seven hours trying to negotiate our way off the sidewalk. I called the police, who left without helping to resolve the matter, and no one took a statement from me. All our things were packed in the back of a van, my baby’s diaper and clothing had to be changed, and the bottle we had prepared for his trip to our new home was already demolished.The landlord on top of our deposit wanted to extort another RMB 5,000 from us. He got his goons to surround the truck and refused to let us leave. Although having a further two weeks to move out and arrange an official handover, the boss stood by, creating a scene and refusing to acknowledge that what was developing was utterly atrocious.

Our landlord was able to rally a team of bullies made up of members of compound staff I had developed friendships with to literally spy on us and circumvent our attempts to do what we had every right to do. In the end, the needs of our child took precedence, and after much debate, we handed over RMB 1,000 and went on our way. In the end it wasn’t about money but about face. The landlord and his partner-in-crime, were not going to leave without some kind of signifier that they had come out of this situation on top.

This kind of experience raises grave concerns about the reality of the world of tenancy agreements, contracts, and policing of expats in Beijing. The rights of expat tenants is a real area of concern, marginally regulated, with little or no security attached to the signing of any arrangement or settlement. After sharing this experience with friends, I’ve been made aware that this same agency has been the common denominator in other instances of breaches of contract and poorly handled grievances.

If there are telltale signs at the beginning that you’re dealing with charlatans when renting a property, go with your instincts and move on. Understand that when contracts go wrong, little will swing in your favor, so limit the kind of arrangements you make to replace furniture and other items, and refrain from agreeing to the amendment of a contract that already will likely favor the landlord should things go wrong. Also, be wary of real estate agents who market themselves as foreign-friendly; they may not be able to back up their talk with a walk.

Photos: Pixabay