Site Search:
 
Get TEFL Certified & Start Your Adventure Today!
Teach English Abroad and Get Paid to see the World!
Job Discussion Forums Forum Index Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Midnight run from work?
Goto page Previous  1, 2, 3, 4  Next
 
Post new topic   This topic is locked: you cannot edit posts or make replies.    Job Discussion Forums Forum Index -> China (Job-related Posts Only)
View previous topic :: View next topic  
Author Message
MNguy



Joined: 01 Feb 2010
Posts: 129

PostPosted: Thu Feb 23, 2012 1:34 pm    Post subject: Reply with quote

mnguy29 wrote:
I agree with the Rock. If its a crap situation, get out. I have done this couple times in China. Now I have a good job at a University. It did not affect me.


I agree, if the situation is absolutely untenable, you get the heck out. But I also think that if the school lives up to their end of the bargain, you try your best to live up to yours.

I'm from Minneapolis, you?
Back to top
View user's profile Send private message
Brian Hugh



Joined: 07 Jan 2012
Posts: 140
Location: China

PostPosted: Mon Feb 27, 2012 2:29 am    Post subject: Reply with quote

I think you have the right to leave a job anywhere. Being an English teacher slave is not alright. I have been here a few years and worked for places that constantly get bad reviews on this board. The only way to stop them is to make them also hurt. Leave the job but try to line something else up before you go. I recommend you try in an other province. Most of the people I see here who get into trouble get work in the same city or same province. The problem is with the release letter. I have never left a job and always finished all my contracts. About 50% paid me my airline and everything stipulated in the contract.
I wonder why there are so many people on this board who back up bad employers? It is not a problem just for foreigners but also for Chinese workers. THey too are being held hostage. They are also having their wages held back and told the same thing,"If we pay you, you will leave." Adendums constantly being added to contracts is another thing that happens a lot here.
Back to top
View user's profile Send private message Send e-mail
stinkytofu



Joined: 23 Feb 2012
Posts: 104

PostPosted: Mon Mar 05, 2012 4:32 am    Post subject: Reply with quote

danasoverseasemail wrote:
Awful? Is the contract being followed?

Personally, I think anyone that violates their legal, contractual agreement by doing a "midnight runner" without using the proper legal channels to terminate the contract should be banned permanently from ever returning to the host country (China). Contracts have the ability to be terminated for any reason, with resulting penalties. If you can't follow the process to terminate the contract then that person deserves what comes to them. Signing and agreeing to a contract means you are subject to the terms and conditions. I am sure the contract doesn't provide you to "take off because our job is awful." Use the rights in your contract to end it.


What you don't realize is almost all teaching contracts in China are B.S. to begin with.

A good legal contract should offer both parties a way to exit without a penalty being applied, this rarely happens. In most cases, if you choose to exit your teaching contract you'll have to pay a penalty. My roommate(a corporate lawyer) pointed this out to me, he refused to sign the school contract after identifying 10 places in it that were extremely biased against the teachers. The teachers at my school were basically forced to do what the school demands without any way out.

In addition, its normal business practice in China to ripoff anyone and everyone you can. At the school I taught at, this was accomplished by increasing the rent teachers paid about 3 times more than what the locals paid. Everytime the school tried to pull a fast one, the teachers always found out which would lead to greater resentment and hostility in our staff meetings.

You can save lecture on obeying school contracts on someone that cares, midnight runners are here to stay.
Back to top
View user's profile Send private message
shadowrider



Joined: 05 Feb 2012
Posts: 208

PostPosted: Mon Mar 05, 2012 4:47 am    Post subject: Reply with quote

A foreign teacher on a Chinese contract teaching at a Chinese school whose arbitration location for contract disputes is also in China. Nice. We seen how well that worked even for Apple. Has a foreign teacher ever prevailed in a contract dispute?

Other forums are full of stories of what employers can do to teachers in disputes. Sometimes the midnight run is the only way to go. Honor is mentioned. Agreed. But a contract is not a license to abuse as well.

First thing I was told by other FTs at work is to have airfare money saved up in case things go south.

The NZ embassy says it best;

http://www.nzembassy.com/china/new-zealanders-overseas/living-china/working-china/employment-contracts

and the Canadian embassy itself:

Quote:
Canadians teaching in China, particularly at newly established private secondary schools and private English training centres, have often found their employers unable or unwilling to honour contract terms.


I have a good employer. Only possible dispute so far will be the new tax. Something I'm unwilling to pay.
Back to top
View user's profile Send private message
johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Mon Mar 05, 2012 4:59 am    Post subject: Reply with quote

Quote:
Has a foreign teacher ever prevailed in a contract dispute?


Doubtful. Highly.
Back to top
View user's profile Send private message
Lobster



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

PostPosted: Mon Mar 05, 2012 9:13 am    Post subject: Reply with quote

Some posters here have stated that they have been successful in arbitration and negotiations. Maybe the odds are against it, but it doesn't mean you can't win if you have a good case.

Quote:
...its normal business practice in China to ripoff anyone and everyone you can.


No, I don't agree with this. Maybe it happens too often, but I wouldn't say it's normal at all. My experience.

RED
Back to top
View user's profile Send private message
Trebek



Joined: 30 Oct 2003
Posts: 401
Location: China

PostPosted: Mon Mar 19, 2012 2:36 am    Post subject: Reply with quote

Flying Colours??? Please clue us all in on what happened? You posted a question with no follow up? Did you do the runner? What was so awful about your job?
Back to top
View user's profile Send private message
choudoufu



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

PostPosted: Mon Mar 19, 2012 5:19 am    Post subject: Reply with quote

stinkytofu wrote:
.....The teachers at my school were basically forced to do what the school demands without any way out.

...


i would say that's bs. nobody is forced to do anything. if you sign the
contract, then you are obligated. don't like it? don't sign!




***please note. original choudoufu� is not affiliated with generic stinkytofu***
Back to top
View user's profile Send private message
shadowrider



Joined: 05 Feb 2012
Posts: 208

PostPosted: Mon Mar 19, 2012 1:08 pm    Post subject: Reply with quote

choudoufu wrote:
stinkytofu wrote:
.....The teachers at my school were basically forced to do what the school demands without any way out.

...


i would say that's bs. nobody is forced to do anything. if you sign the
contract, then you are obligated. don't like it? don't sign!




***please note. original choudoufu� is not affiliated with generic stinkytofu***


BS? My BS-meter is pegged at 11.

The FT has very very very little bargaining power vis-a-vis a contract once signed. This is such an on-going problem that major Western embassies devote sections of their consular services webpage to this. Things go south usually due to things not stated in the contract - like additional work hours and duties and unfulfilled conditions - bad housing is usually tops. Based on back-reading the forum, many FTs have had their contracts changed after arrival in country. Are all these FTs liars or should they all just suck it up and accept it?

They hold your FEC and residence permit. What are you going to do in a dispute? Withhold your services and get kicked out of the country anyways? Or just say "yes master" and do whatever they tell you? Those married to a local national has some rights, but for a vast majority of us, that just doesn't apply.

Starting slowly, but for sure, everyone here will get a pay cut due to the new taxes making its way across the country. Some will be able to get an additional 11%. For most, however, we are out-of-luck... Since most of us didn't or couldn't know about this new tax, likewise, are we just supposed to suck-it-up and take it?
Back to top
View user's profile Send private message
danasoverseasemail



Joined: 08 Jan 2012
Posts: 86

PostPosted: Mon Mar 19, 2012 1:52 pm    Post subject: Reply with quote

In essence, being married to a Chinese national gives you no special rights, period. Few of those married to Chinese citizen "has" any rights. You are only likely to get an extended length visitor visa should you choose to not have a work visa.

Nobody holds your FEC and Alien Resident Permit but you. If you allow anyone to keep your FEC and/or Passport (the location of your ARP), then you deserve anything that happens to you.

There are ways to identify your original signature and contract. Such as initialing each term, item, condition of your contract, each page of the contract, putting identifying marks here or there, somewhere, someplace that would otherwise go unnoticed by those attempting to replace pages or terms without your knowledge or approval. Original copies, with original signatures, notes, including a "stray" mark or two in a color other than black, say, red for example, that would likely also go unnoticed when a page substitution is attempted.

Why should anyone have "bargaining power" once the contact is signed? Bargaining is a situation/condition that takes place PRIOR to signing the contract. If you negotiated, or didn't, conditions you don't like; too bad, suck it up, 'cuz it's your fault. You have no right to change the situation after signing the thing - unless both parties agree - and to be frank, why should the employer agree to anything different once you've negotiated and signed the contract ?

All laughable really.

Yes, you are suppose to do exactly that, to suck it up and take it - you are obligated to follow the law. Since China has "supposedly" implemented this new taxation policy, you are supposed to do just that - take it. Either pay the tax or leave the country. The other side of the coin is, you have signed (assuming) a legal contract, which obligates you to complete the contract length. Violation of the contract, skipping out, etc. is in violation of civil law, and as far as I'm concerned should hold legal, financial, and other consequences for violators - JUST as the contract law dictates.

The contract specifically states that you are required to abide by the laws of the PRC, thus you've already agreed to any new laws placed in the books. Whether you knew the law existed or not, whether it would or would not, that's too darn bad. Pleading ignorance is child-like.

Either follow the contract, the laws, including taxation, or leave the country entirely and never return.

I think it's pretty, clearly, cut and dry simple.
Back to top
View user's profile Send private message
Zero



Joined: 08 Sep 2004
Posts: 1402

PostPosted: Mon Mar 19, 2012 3:39 pm    Post subject: Reply with quote

choudofu, or stinkydoufu, or whatever your name is: It's not as simple as sign/not sign. So often, the school doesn't hold up its end of the bargain. Then what? At that point it's too late to say, "Don't sign."
Back to top
View user's profile Send private message
Opiate



Joined: 10 Aug 2011
Posts: 630
Location: Qingdao

PostPosted: Mon Mar 19, 2012 4:13 pm    Post subject: Reply with quote

Zero wrote:
choudofu, or stinkydoufu, or whatever your name is: It's not as simple as sign/not sign. So often, the school doesn't hold up its end of the bargain. Then what? At that point it's too late to say, "Don't sign."


You are talking about 2 different situations. If a contract is not to your liking....do not sign it. Period. If you do agree to the contract and they do not live up to their obligations then you can contact SAFEA (no idea how this works) and attempt to get out of your contract. Or pull a runner.
Back to top
View user's profile Send private message
Opiate



Joined: 10 Aug 2011
Posts: 630
Location: Qingdao

PostPosted: Mon Mar 19, 2012 4:15 pm    Post subject: Reply with quote

..considering the OP has not said a single word in this thread since it was created...I am inclined to believe he was just trolling. So really...we are all likely wasting our time here.
Back to top
View user's profile Send private message
igorG



Joined: 10 Aug 2010
Posts: 1473
Location: asia

PostPosted: Mon Mar 19, 2012 4:32 pm    Post subject: Reply with quote

No, we're not wasting our time at all but
Quote:
you can contact SAFEA
you more likely are. Smile
Back to top
View user's profile Send private message
choudoufu



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

PostPosted: Mon Mar 19, 2012 4:33 pm    Post subject: Reply with quote

Zero wrote:
choudofu, or stinkydoufu, or whatever your name is: It's not as simple as sign/not sign. So often, the school doesn't hold up its end of the bargain. Then what? At that point it's too late to say, "Don't sign."


i was responding to the 'forced' comment - the teachers at one particular
school being forced to do xxx with no way out. no details provided as to
what they were forced to do, nor whether the school had breached the
contract. as far as i know, all safea-approved contracts have a way out.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   This topic is locked: you cannot edit posts or make replies.    Job Discussion Forums Forum Index -> China (Job-related Posts Only) All times are GMT
Goto page Previous  1, 2, 3, 4  Next
Page 2 of 4

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

Teaching Jobs in China
Teaching Jobs in China