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Breaking a Contract Before it Starts
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Wed Feb 15, 2012 9:12 am    Post subject: Breaking a Contract Before it Starts Reply with quote

I have been talking to a school for the last two months about working there next semester. I did sign their contract and send it to them in the mail. During all that time, they have not gotten me a proper work visa. They want me to come to the school on a tourist visa and then they tell me I can get the work visa later.

I have had two contracts at other schools. Both times, I had a work visa before I went there. Both schools needed less than a month to get all this done. The new school says they cant do anything because they are on vacation, but this was not a problem for my other two schools.

I wrote an email last night saying that if they don't "solve the problem" of the tourist visa, they "will need to find another teacher."

I dont think that is me breaking the contract, but the school wrote back saying that "since I am breaking the contract" I will be "reported to the National Administration of Foreign Affairs" and be put on a blacklist for 3 years.

What is the best way to deal with this?
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choudoufu



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

PostPosted: Wed Feb 15, 2012 9:22 am    Post subject: Reply with quote

ignore it. you haven't broken anything, as you haven't actually
signed a contract. that comes after you arrive, when they have
you sign the real contract, then have it stamped/sealed.

regardless, isn't one of the terms of the contract that they will
supply the appropriate visa?
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Shroob



Joined: 02 Aug 2010
Posts: 1339

PostPosted: Wed Feb 15, 2012 9:26 am    Post subject: Reply with quote

Don't come unless you're on the right visa. Regardless of what the school tells you.

If I were you, I'd take this as a warning about the school, it's probably indicative of later problems if you were to progress with the school.
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Wed Feb 15, 2012 9:27 am    Post subject: Reply with quote

they are telling me they will get the visa after i arrive. i did since a few different papers and mailed it to them. Some of it was in chinese, so I assume they are going to say i actually signed the contract.
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Opiate



Joined: 10 Aug 2011
Posts: 630
Location: Qingdao

PostPosted: Wed Feb 15, 2012 10:30 am    Post subject: Reply with quote

Choudofu and Shroob are both correct. To elaborate on Choudofu's post a little....

The contract you signed has no weight at all. Only an official SAFEA contract has meaning and that is not what you signed. You'd have been asked to sign one upon arrival. Since you have not...this is a non issue.

So yeah...ignore it.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Wed Feb 15, 2012 10:44 am    Post subject: Reply with quote

Do you have a copy of a contract, signed by both parties and chopped with the school's seal? If not, the contract isn't valid.

Asking you to do any work on a tourist visa, even while your RP is being processed, is a violation of law. No way they can insist that you arrive on a tourist visa and then apply for work, because that would mean you'd be forced to lie on your visa app regarding the purpose of your visit to China.

If you are outside China, they should have helped you apply for the proper work visa to convert to an RP. Why didn't they do this? If inside China, they should just transfer your RP.

You can pose these questions to the person making all those threats. You may add that you'd find it difficult to trust a contract from a school that seems so willing to break the law. If there are any further threats, you may inform them that you'll be discussing the matter with their local education board, SAFEA and your local Chinese consulate to get their opinions.

RED
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Wed Feb 15, 2012 12:08 pm    Post subject: Reply with quote

If the school could hire you legally, it could apply for- and send you a letter of invitation to teach, the very first step in securing a z visa. You know the rest of the process. The job is starting out as a headache. Move on to something else.
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Wed Feb 15, 2012 12:55 pm    Post subject: Reply with quote

Miles Smiles wrote:
If the school could hire you legally, it could apply for- and send you a letter of invitation to teach, the very first step in securing a z visa. You know the rest of the process. The job is starting out as a headache. Move on to something else.


yeah but the part I am worried about is this blacklist. it would be pretty inconvenient to be banned from China for three years. this woman all of a sudden seems hell-bent on making my life difficult.
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rogerwilco



Joined: 10 Jun 2010
Posts: 1549

PostPosted: Wed Feb 15, 2012 1:30 pm    Post subject: Reply with quote

eslteach wrote:

yeah but the part I am worried about is this blacklist. it would be pretty inconvenient to be banned from China for three years. this woman all of a sudden seems hell-bent on making my life difficult.


I doubt that you will be banned, or that she is able to ban you. She is just trying to scare and harass you.
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peewee1979



Joined: 30 Jun 2011
Posts: 167
Location: Once in China was enough. Burned and robbed by Delter and watching others get cheated was enough.

PostPosted: Wed Feb 15, 2012 1:30 pm    Post subject: Reply with quote

eslteach wrote:


yeah but the part I am worried about is this blacklist. .


Until you show up you don't work for the school. REGARDLESS what they say or you think you agree to. If you have ANYTHING but a legal working visa the truth is a contract means doggy-poop.

Stand your ground about doing it correctly - take this advice form someone who has been screwed over and came to China on less than a legal visa to work.

All those promises of " We pay all the costs to go to HK" become a distant memory when the time actually comes.
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Wed Feb 15, 2012 1:41 pm    Post subject: Reply with quote

rogerwilco wrote:
eslteach wrote:

yeah but the part I am worried about is this blacklist. it would be pretty inconvenient to be banned from China for three years. this woman all of a sudden seems hell-bent on making my life difficult.


I doubt that you will be banned, or that she is able to ban you. She is just trying to scare and harass you.


i dont mean to just dismiss what you guys are saying but im definitely worried about this. there are too many stories of people getting deported for absolutely no reason. nothing about china surprises me anymore.
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peewee1979



Joined: 30 Jun 2011
Posts: 167
Location: Once in China was enough. Burned and robbed by Delter and watching others get cheated was enough.

PostPosted: Wed Feb 15, 2012 1:45 pm    Post subject: Reply with quote

eslteach wrote:

i dont mean to just dismiss what you guys are saying but im definitely worried about this. there are too many stories of people getting deported for absolutely no reason. nothing about china surprises me anymore.


people get deported for REASONS and not because of a school dispute.

Chill out and don't make your situation overblown . As long as I have been to China I have only ONCE met a person deported from China for having something to do with teaching. And he was working illegally at a school that was operating illegally and the owners got tossed in jail and he got deported to Korea where he got a NEW VISA three days later and returned to China without problem. ( he is not Korean.)

So enjoy your life and pick a direction and don't worry so much about it.
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Wed Feb 15, 2012 6:59 pm    Post subject: Reply with quote

Ill post the email I was sent, start to finish:

Thank you for helping me make the decision to report to National Adminstration of Foreign Affairs that this guy could not apply for working in China any longer for his breaking the contract.



Why should you always complain ? When I checked the flight on airasia, the price was 377 RMB, I was recommended by another US foreign teacher who has booked his flight there. If you booked the flight when I told you, it would be cheaper. Even a kid knows when the time for booking is close to the departure time, the price goes higher. Just as I said, even the flight cost more, we will cover the cost and we will also cover the visa extentions and other possible cost it will cause. We have shown our sincerity and our tolerance. What we did to you is an exception. We do what we promise, not like you.

<<note: the flight I was booking for the tourist visa was for March 20th.>>


If you insult our school, I would insult some US citizens. How could US citizen be so rude and unreliable? I am not insulting you but one of US foreign teacher told me only US citizens who could not be accepted by their own country would like to apply to work in other countries.

thanks
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed Feb 15, 2012 7:53 pm    Post subject: Reply with quote

There ain't no blacklist. First hand experience.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Wed Feb 15, 2012 11:55 pm    Post subject: Reply with quote

I'm totally of the opinion that teachers should see out their contracts and treat schools with respect, but in this case - there is no contract, and the school don't merit respect. It's the school that could be reported to SAEFA, not you, for trying to hire you without a valid visa.

There is a blacklist (sort of), but they won't, and can't put you on it, and even if they did, nobody looks at it, or even knows it exists.

The email from the school is a disgrace, and, though sharing private correspondence would normally be unprofessional, perhaps you should name and shame the school to make it less likely that other teachers will be jerked around this way.
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