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Legal action in China
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Wed Jan 16, 2013 7:27 pm    Post subject: Legal action in China Reply with quote

How effective is it to report a school?

I am not looking for a payout but would probably get it to shut me up if I had a case.

I am well ensconced in the art of moving on, but this last school's tactics need to be stopped.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1159

PostPosted: Thu Jan 17, 2013 12:07 am    Post subject: Reply with quote

Name and shame !
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kjk_esl



Joined: 02 Feb 2007
Posts: 37

PostPosted: Thu Jan 17, 2013 12:46 am    Post subject: Legal Action Reply with quote

It is so hard to take legal action in China, I suggest checking out with the local tax office to see if the school has been submitting your provincal taxes to them, the schools hate that one!
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Thu Jan 17, 2013 3:02 am    Post subject: Re: Legal Action Reply with quote

kjk_esl wrote:
It is so hard to take legal action in China, I suggest checking out with the local tax office to see if the school has been submitting your provincal taxes to them, the schools hate that one!


Well, I went with a student to a tax office and they printed 1 page showing tax info. It was very little money though, only a few hundred RMB. I planned on transferring my money legally to my account back home. From what I understand there is a lot of paperwork needed, so I can't believe that one sheet is all I need.

When you say to go there, what specifically do we get? One sheet and that's it?
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choudoufu



Joined: 25 May 2010
Posts: 3227
Location: Mao-berry, PRC

PostPosted: Thu Jan 17, 2013 3:25 am    Post subject: Reply with quote

just take your chinese student friend (with friend's BofC card + ID card) to
bank 'O china. they can exchange and transfer with no tax/contract needed.
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Lancy Bloom



Joined: 23 Nov 2012
Posts: 112
Location: Hong Kong

PostPosted: Thu Jan 17, 2013 6:33 am    Post subject: Reply with quote

It all starts out so wonderfully. You get taken out to dinner with everyone , including the school bus drivers. Everyone is so friendly to you. And then when it is all over you have paid more than the cost of ten dinners with lost wages due to Chinese calculations. You are not part of the wealthy harmonious society friend.
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chinatimes



Joined: 27 May 2012
Posts: 478

PostPosted: Fri Jan 18, 2013 4:43 am    Post subject: Reply with quote

I think you misunderstand the intent of the thread.

This is not a money issue. I was only replying about the tax issue as a side issue because someone brought it up.

I was wondering if you process paperwork will it at least annoy the school? Yes, I am looking for the annoyance factor. Right now the school thinks they are done with me.
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Lancy Bloom



Joined: 23 Nov 2012
Posts: 112
Location: Hong Kong

PostPosted: Fri Jan 18, 2013 11:01 am    Post subject: Reply with quote

Not effective. You will lose and could get into trouble. First of all they will not process any papers. I have tried this after being burned by about 20,000. The universities calculations were so poor they didn't even add up. I went to the labour board. Had everything in legible Chinese. Bank statements and contract. work schedules. They just picked up their papers and started to read them. Look around you and you will see the same taking place with Chinese workers. Don't get yourself hurt. The only thing you can do is what we all do and that is forget about it. No one will come to your side because they to have too much to lose. When everyone is cheating noone wants to step out and say something is corrupt because then they turn around and find something corrupt about the bean spiller.
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zactherat



Joined: 24 Aug 2011
Posts: 292

PostPosted: Fri Jan 18, 2013 12:21 pm    Post subject: Reply with quote

In the bureaucratic behemoth that is China, your voice has no resonance whatsoever. Unless you have photos of high-level staff getting carried away with KTV girls.

All you can really do is name shame and flame. And in as much detail as possible - remember Google is forever.

Twisted Evil
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Burke



Joined: 22 Nov 2012
Posts: 42
Location: Beijing

PostPosted: Tue Jan 29, 2013 7:11 am    Post subject: Some suggestions - more effective than legal action... Reply with quote

I don't know of any foreigner teacher who was able to get their visa renewed after they filed a legal claim in China. Just ask 2 of the 3 founders of the China Foreign Teachers Union who were sent packing in 2011 after they videotaped and recorded some crooked agents in cahoots with a principal. Today they cannot even get a tourist visa to come back!

So don't waste your money on a lawyer. Instead, document your case as best as you can and then have someone translate it for you in Chinese as well. Your next move will create a mountain of paperwork for them that they will never forget...

File the one well-documented and detailed complaint with:

Minister of Education
Director of SAIC
Director of Foreign Experts Bureau
Minister of Commerce
China Foreign Teachers Union
China Teachers Alliance
Minister of Labor
Mayor of the town where school is located
Director of SAFEA
The ambassador and Consulate of your country in Beijing

Then put that complaint on Weibo in Chinese and then on every ESL Forum and Message Board you can find on Google. They will get so damn tired of explaining why they cheated and will have to beg government officials not to revoke their license. Once crap gets exposed on Weibo, government officials are compelled to do their jobs.

My pal did all of the above to a school who stiffed him out of his last 12,000 paycheck, 3,000 annual bonus, and return airfare ticket. They offered him 30,000 rmb to withdraw his complaint and tell everyone on Weibo that it was "just a misunderstanding". He refused and now the school is no more after investigators found out they were not even allowed to hire foreign teachers and cheated the government large on taxes! (He got his 18,000). Imagine if everyone did this when they get screwed!?!?!?!?!?
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Lancy Bloom



Joined: 23 Nov 2012
Posts: 112
Location: Hong Kong

PostPosted: Tue Jan 29, 2013 9:22 am    Post subject: Reply with quote

I tried the same thing three years ago in Hunan and took everything to the labour board. They just pulled out their newspapers. People who have these jobs to look after your interest paid for them. They get to do nothing. That is why they bought the job.
Be careful they play rough in China. Remember Neil Heywood he was first and English teacher.
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Burke



Joined: 22 Nov 2012
Posts: 42
Location: Beijing

PostPosted: Wed Jan 30, 2013 4:39 am    Post subject: Reply with quote

Lancy Bloom wrote:
I tried the same thing three years ago in Hunan and took everything to the labour board. They just pulled out their newspapers. People who have these jobs to look after your interest paid for them. They get to do nothing. That is why they bought the job.
Be careful they play rough in China. Remember Neil Heywood he was first and English teacher.


In case you didn't get the full story, Neil Heywood was working for MI6 and banging the wife of a political superstar. His end was inevitable and it had nothing to do with English.

The above strategy worked well for my friend and ABC English is now ancient history.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1159

PostPosted: Wed Jan 30, 2013 4:47 am    Post subject: Reply with quote

Burke wrote:


In case you didn't get the full story, Neil Heywood was working for MI6 and banging the wife of a political superstar. His end was inevitable and it had nothing to do with English.


MI6 ? Maybe.

Banging the wife of a political superstar ? The woman that killed him ?
Where did you get that erroneous info ?
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NoBillyNO



Joined: 11 Jun 2012
Posts: 1491

PostPosted: Wed Jan 30, 2013 5:02 am    Post subject: Reply with quote

That was one of the scenarios going about. That he gave info to MI6 has been well reported.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1159

PostPosted: Wed Jan 30, 2013 5:05 am    Post subject: Reply with quote

NoBillyNO wrote:
That was one of the scenarios going about. That he gave info to MI6 has been well reported.


"Gave info" to MI6, not "worked for".
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