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Any legal way to get out of bad one-sided contract?

 
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RWA1981



Joined: 27 Mar 2014
Posts: 143

PostPosted: Thu Apr 03, 2014 2:17 am    Post subject: Any legal way to get out of bad one-sided contract? Reply with quote

I recently learned that half of my colleagues are earning almost twice as much as me for identical hours and work. The only difference is that I went through an agency and they did not. The principal doesn't care squat about this and tells me if I break my contract, I will be "blacklisted" and my invitation will be revoked and then I will get deported. Is there a legal way to break my contract?
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Thu Apr 03, 2014 2:54 am    Post subject: Re: Any legal way to get out of bad one-sided contract? Reply with quote

RWA1981 wrote:
I recently learned that half of my colleagues are earning almost twice as much as me for identical hours and work. The only difference is that I went through an agency and they did not. The principal doesn't care squat about this and tells me if I break my contract, I will be "blacklisted" and my invitation will be revoked and then I will get deported. Is there a legal way to break my contract?


yes, there is! read your contract! look in the section titled "breaking the
contract." in that section of the contract, there are details about...emmm...
breaking the contract.

you have read your contract, haven't you? before you signed? you will
likely have to pay a breach penalty, which could range from $500 to $2000.

why should the principle care? he's paying the same salary per teacher.
only difference is the others contacted the school directly to cut out the
middleman. you got a problem? take it up with the recruiter. in fact, you
may find that you're working for a recruiter/agency, and not directly for
the school.

and why should you care? the money and benefits were good enough to
get you to sign and come to china. you signed, you agreed. it was good
enough then, so perhaps you should nanren up, get through the first
contract, consider it a learning experience, and do gooder next time.
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RWA1981



Joined: 27 Mar 2014
Posts: 143

PostPosted: Thu Apr 03, 2014 3:00 am    Post subject: Re: Any legal way to get out of bad one-sided contract? Reply with quote

choudoufu wrote:
RWA1981 wrote:
I recently learned that half of my colleagues are earning almost twice as much as me for identical hours and work. The only difference is that I went through an agency and they did not. The principal doesn't care squat about this and tells me if I break my contract, I will be "blacklisted" and my invitation will be revoked and then I will get deported. Is there a legal way to break my contract?


yes, there is! read your contract! look in the section titled "breaking the
contract." in that section of the contract, there are details about...emmm...
breaking the contract.

you have read your contract, haven't you? before you signed? you will
likely have to pay a breach penalty, which could range from $500 to $2000.

why should the principle care? he's paying the same salary per teacher.
only difference is the others contacted the school directly to cut out the
middleman. you got a problem? take it up with the recruiter. in fact, you
may find that you're working for a recruiter/agency, and not directly for
the school.

and why should you care? the money and benefits were good enough to
get you to sign and come to china. you signed, you agreed. it was good
enough then, so perhaps you should nanren up, get through the first
contract, consider it a learning experience, and do gooder next time.


What if I fake an emergency back home and pretend I left. Will they know I found a better paying job somewhere else?
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fat_chris



Joined: 10 Sep 2003
Posts: 3135

PostPosted: Thu Apr 03, 2014 3:01 am    Post subject: Re: Any legal way to get out of bad one-sided contract? Reply with quote

choudoufu wrote:
so perhaps you should nanren up


哟bro臭豆腐,

Here in the South we may say you should 南人 up and not necessarily 男人 up.

Better than 难人 up (or is it down?) when breaking a contract, that's fo' sho'

Warm regards,
胖_chris
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Big Worm



Joined: 02 Jan 2011
Posts: 144

PostPosted: Thu Apr 03, 2014 4:14 am    Post subject: Reply with quote

Breaking your contract would most likely require you to give 30 days notice and pay a fine. Depends on the contract tho.


I'd go about it by talking to your recruiter. You can get blacklisted for pulling a runner.
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johntpartee



Joined: 02 Mar 2010
Posts: 3231

PostPosted: Thu Apr 03, 2014 4:27 am    Post subject: Reply with quote

Quote:
and why should you care?


Precisely. You agreed to the contract as it was presented.

Quote:
The principal doesn't care squat about this


Why should he?
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Banner41



Joined: 04 Jan 2011
Posts: 567
Location: Shanghai

PostPosted: Thu Apr 03, 2014 5:21 am    Post subject: Reply with quote

Go through RWA1981's posts and the answers will be clear......new name.....same dumb game.....
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JamesD



Joined: 17 Mar 2003
Posts: 715
Location: "As far as I'm concerned bacon comes from a magical happy place."

PostPosted: Thu Apr 03, 2014 6:57 am    Post subject: Reply with quote

I do wonder about the lack of creativity. Beyond the trollish-taunting-trivial posts, the names he/she/they use follow a pattern that makes him/her/them easy to spot.
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jimpellow



Joined: 12 Oct 2007
Posts: 178

PostPosted: Fri Apr 04, 2014 2:17 am    Post subject: Reply with quote

It is just conjecture, but another good possibility is that the headmaster is sharing your skimmed salary with the recruiter. Hence, your exploitation is of his economic benefit.

But people are correct in that you signed the contract for whatever reason. A hard lesson about the Chinese way for those who use recruiters (most) and seemingly failed to do proper research on the school and ESL industry in China beforehand. Quite the debate in ethics if you should honor the contract or not.

If you do decide to bail, I think the midnight run approach is best. Whether you will be blacklisted or not is an ongoing debate, though the new visa regulations do state that you will be denied a work permit for the next five(?) years. One could also argue to what extent this is being enforced.

Do you really love China? If not, there is an entire World out there with ESL positions. People seem to choose China for the simple reason that there are so many postings and thus the easiest route. I live in Cebu Philippines right now and have never seen an ESL job advertised here. Yet there are tons of opportunities for those willing to knock on some doors.

Few Chinese are capable of compassion, empathy and such. I would stop trying to get them to see the unfairness of it as they are simply incapable of such.

Hence, if you decide to do the midnight run, tell or hint about it to nobody. I don't know how many times I have known or read about teachers in China who start dropping hints about their intentions, expecting that it will magically transform the situation, but instead comes back and bites them in the a** by the school figuring out their intentions and taking preventive and punitive measures to stop it.

Good luck and learn from it regardless if you honor the contract or break it.
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stinkytofu



Joined: 23 Feb 2012
Posts: 104

PostPosted: Tue Apr 08, 2014 11:26 am    Post subject: Reply with quote

You can do something to get fired preferably after the middle of the month, they'll usually pay you for the full month. A simple, "I hate China!" at a staff meeting or in front of your class should do it.

If you decide to do a runner you'll need to move to another province or they'll track you down. Here's my post on doing a runner.

Midnight Runner In China
http://forums.eslcafe.com/job/viewtopic.php?t=83923&postdays=0&postorder=asc&start=0
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RWA1981



Joined: 27 Mar 2014
Posts: 143

PostPosted: Thu Apr 10, 2014 4:02 am    Post subject: Reply with quote

stinkytofu wrote:
You can do something to get fired preferably after the middle of the month, they'll usually pay you for the full month. A simple, "I hate China!" at a staff meeting or in front of your class should do it.

If you decide to do a runner you'll need to move to another province or they'll track you down. Here's my post on doing a runner.

Midnight Runner In China
http://forums.eslcafe.com/job/viewtopic.php?t=83923&postdays=0&postorder=asc&start=0


Seriously? Why would they bother to track down someone who hates to work for them and argues with them every day and refuses to do their marketing bullshit?
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1762

PostPosted: Thu Apr 10, 2014 4:19 am    Post subject: Reply with quote

Quote:
Seriously? Why would they bother to track down someone who hates to work for them and argues with them every day and refuses to do their marketing bullshit?


Have you ever pi$$ed someone off .. I mean really pi$$ed em off.... I mean seriously make em mad...
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