This is AbroadChina.Org's cache of http://www.englishschoolwatch.org/webboard_detail.php?topic_id=946 as retrieved on 2005-3-30 17:55:35 PST. AbroadChina.Org's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. This cached page may reference images which are no longer available.
AbroadChina.Org is not affiliated with the authors of this page nor responsible for its content.
 
cancel the contract
Xin Jiang Guang Hua Private School

I′ve been very happy there the first 6 months despite their sharp business practice - 18 hours means 27 40minute lessons. Now the atmosphere has changed and there′ve been breaches of contract.

I want to cancel the contract and would be grateful for some advice regarding payment of wages, airfare, fine and receiving the letter of confirmation of conclusion of employment′.

Ingrid.king@btinternet.com

Ingrid King [2004-09-07, 06:51:00][ID: 946-5153] Ingrid,

What are the clauses and conditions in your contract regarding:

1. The (original) work days, total classes per week and hours per week you were assigned to work,
2. Payment of wages when canceling the contract,
3. Payment of airfare when canceling the contract,
4. The "fine" when canceling the contract,
5. Receiving the letter of confirmation of conclusion of employment.

After we know about how your contract addresses these issues we can be in a better position to help you.

Curious [2004-09-07, 22:10:00][ID: 946-5160] ingrid- been there done that. You lose. Pack your bags and leave. Do not collect airfare. Lotsa of schools do this: bring in na?ve new folks, use em a bit and toss em out. They save re-imbursing your airfare this way, don′t they?

Contracts in china between foreign teachers and schools are worthless. Chia won′t help you and will side with the school. In their eyes you are but another "greedy" foreigner trying to take advantage of china.

B-b-b-bing [2004-09-08, 03:47:00][ID: 946-5161] Ingrid′s reply to Curious 2004-09-07,22| |ID 946-5160]

Thank you so much for your reply, well, there′s very little in the contract regarding your questions, except XI, 1 Breach penalty: When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, break the agreement, it must pay a breach penalty of US$500---$5,000(or the equivalent in RMB).

The contract has only an A section in English and Chinese and I-VIII run concurrently, but then come X, XIII, XI, IX, XII, XIII (yes, there are 2 XIII sections).

1. 18 hours is recorded as such, nothing more. I had assumed it to mean 18 lessons. Wrong interpretation: the school informed me that 18 hours was made up of 27 40minute lessons - and I understood and signed, not knowing that there aren′t many Foreign Teachers in China working so many lessons. I feel that this is legally right but morally wrong to exploit the naivity of the employed party.

2. Nothing is said about payment of wages when a contract is cancelled by Party B for valid reasons. It only says under XIII, 5 that Party B has the right to cancel the contract with a written notice to party B under the follwing conditions:
(1) Party A has not paid Party B on schedule and
(2) Party A has not provided party B with necessary working and living conditions as stipulated in the contract.

The school had failed to get me a re-entry visa and work permit after my visit to Mongolia during the summer holidays. Section X, 2 states that ′the host school shall handle the formalities for the employed party to enter China after receiving the bail (which obviously refers to our first entry to China, but it′s the only reference to getting a visa for the employed person). After about 2 weeks the school returned my passport -which had a 72 hours temporary visa notice from the border police - with the comments: ′The police say that you don′t need a visa. Don′t worry, everything is OK′, The school had also failed to inform me of necessary Chinese laws and regulations(according to the contract) regarding the need for a re- entry visa after leaving China. It became necessary to insist that a visa was needed and I was allowed to accompany the person responsible for obtaining our visa, but this time I refused to work till I received the Z visa. The school handed me a photocopy of the contract ′if the teachers is absent for ′Private Affairs′ 2 days salary will be deducted for each day for the 4th day and thereafter. I pointed out that the school hadn′t provided me with the ′necessary working conditions′ because it′s illegal to work in China without the Z visa and work permit.

Payment of holiday allowance: nobody had informed us that our June pay had to last us for 3 months (our holiday allowance - which is classed as ′holiday allowance′ and not ′salary; I′ve just been informed that the school will only pay half of our holiday allowance, the rest is paid next year when we have our next holiday month Spring Holiday -

3. Nothing is said re. Payment of airfare when Party B cancels the contract for valid reasons

4. XI, 1. States that a fine between $500-$5,000 will have to be paid by the party in breach of contract

5. Nothing is said

Hi Curious, I′m eagerly awaiting your reply and thank you very much.

With best wishes
Ingrid King - ingrid.king@btinternet.com

Ingrid King [2004-09-08, 11:43:00][ID: 946-5168] Oh Ingrid

The ESL contract! Ingrid, would I be far off if I said you it looks like you got a contract that has left you hanging high in Shanghai?

Would you write a contract that is a good contract so other teachers can make a comparison between what they have been offered and what a good contract should look like? The post it in this thread. Also, knowing what you do now you could save a lot future teachers a huge headache.

Newsome [2004-09-08, 12:29:00][ID: 946-5169] Ingrid,

Were there any verbal agreements about your job or housing, or anything else? I hope you are OK.

Buffy [2004-09-08, 14:48:00][ID: 946-5170] Guarenteed…..

You will never see any Chinese, or other country′s school, attach work visa and other pertinent laws, regulations, requirement documents affecting a foreign teacher to their labor contracts.

"The school had also failed to inform me of necessary Chinese laws and regulations(according to the contract) regarding the need for a re- entry visa after leaving China."

JP [2004-09-09, 00:42:00][ID: 946-5173] Does the following information exist, anywhere on the net?

Where can I find a Chinese government website that has a list (written in the English language) of regulations, visa requirements, and labor laws pertaining (affecting) foreign ESL teachers?

If a foreign ESL teacher has a problem with a language institute employer in China what Chinese government agencies can the teacher go to for help? Telephone number(s), email address(s), and land mail address(s) would be appreciated.

Plotte [2004-09-13, 01:59:00][ID: 946-5228] Does the following information exist, anywhere on the net?

Where can I find a Chinese government website that has a list (written in the English language) of regulations, visa requirements, and labor laws pertaining (affecting) foreign ESL teachers?

If a foreign ESL teacher has a problem with a language institute employer in China what Chinese government agencies can the teacher go to for help? Telephone number(s), email address(s), and land mail address(s) would be appreciated.

Plotte [2004-09-13, 02:01:00][ID: 946-5229] Ingrid:

First, let me say that it′s a bit ignorant on your part to think that you could leave the country and go to Mongolia and not to have some kind of visa to re-enter. I mean, use your head girl.

Secondly, and more importantly, your school may be right on the "it′s not necessary" part. The quickest way to assure yourself is to go to your local PSB yourself and just ask them. But here′s what I think happened: You got lucky when returning when the border guards issued you a 72-hour temporary visa. They probably felt sorry for you. Your original Z-visa expired the moment you first came to China. If your school got you a Residency Permit, that document makes you legal to live in China. The expiration date on THAT document is the important one. The residency permit does NOT let you travel freely in and out of China. That′s what visas do. Since you had the 72 hour visa, that gave you 72 hours to return to China from Mongolia which you have done. Now that your back, assuming your original Residency Permit still has time on it and you′re at the same school, you′re legal. The FAO, of course, won′t explain all this to you which is probably why he just said, "It doesn′t matter".

For additional succor, you can go to your local PSB. They probably won′t explain it all to you either…just give you a "No problem, you′re legal" or "Get your FAO down to the office right now" answer.

One more piece of advice, using all this to create an argument for breaching Sections X, Y and Z, subparts A, B, and C is a futile exercise, as others have mentioned. And using it to refuse to teach classes while it is being sorted out, AND EXPECTING TO GET PAY AND BENEFITS, is almost laughable.

T.I.C. = This Isn′t Cumbria

btdt [2004-09-18, 18:46:00][ID: 946-5282] Hello T.I.C. 946-5282

Thank you for your comments. Our experiences are not only valuable to us but also useful to others so that they can avoid falling into the same hole.

Yes, you may be right in assuming that it′s ′ignorant′ and ′not using your head′ expecting to leave a country and then re-enter without a new visa.

My advice to people who may make the same mistake of interpreting ′Residence Permit′ as meaning ′allowed to reside in China for the time specified′. I would say that it has been most careless of me not to read the book - the whole book, not just the first pages - where it says on the last page that the green book should be revoked when leaving China. It ceases to be valid.

After entering China it′s not allowed to work without a valid Z visa, even if the green book had not been confiscated at the border. You don′t have the right to start working until your Z visa has been processed. While they are processing the Z visa you′re on the ground not working /for more information: website:www.tealic.com/visa.htm.

On a more personal note: I gather you′re from Cumbria. Where about? I′ve lived in Cumbria for more than 20 years -Windermere.

I hope this Z visa information has been useful to clarify the work permit and residence permit issue.

With best wishes

Ingrid King [2004-09-29, 13:17:00][ID: 946-5380] If I leave a school and give notice before my contract expires, can the school, a uni in a poor region, do anything to jepordize my entering the country again, after leaving.

Jowwow [2004-10-09, 21:32:00][ID: 946-5456]