Job Discussion Forums

[caharrison]

My situation is as follows:
I am contracted with uni A through 30 June, and will go to teach at uni B next semester. My RP with uni A expires 30 June, so I have to go to the city where uni B is located before 20 June (according to the FAO at uni B) to apply for the new RP. Classes finish 15 June, so I planned to go the next day. However, the FAO at uni A is now telling me they will only pay half of June salary because I'm leaving halfway through the month, that I will no longer be affiliated with uni A after 15 June, and that they are no longer responsible for me (essentially that they are cancelling my contract early because I chose not to re-sign with them).
I went to the FAO and argued about it for a while, telling her 1)I have no choice but to go to city B to apply for the RP because of the rules 2)I have completed all of the work for June; the same amount of work that the other teachers, who are staying, have completed and are being paid the full salary for 3)If there is more work to be done for June, or if there is a problem about my official status, I will return to city A after the RP has been applied for in order to receive the full June salary.
The FAO promised to "talk to the police" about it; a promise to inquire from another party is I think the most one can expect from a face-to-face "confrontation" (if it can be called that) like this, so I said OK, thanked her, and left it at that. My question is, if she comes back saying they won't pay the full salary, what other recourse do I have to get the rest of the money?

[Denim-Maniac]

I might get slated for saying this ... but I dont think you could / should expect to get the money. If you are leaving on June 16th, then being paid up to that date is fair IMHO. I had a similar situation in 2008 when I had to leave early to sit an exam in another country. Like you, my work for the term was done, and like you, I was aware my colleagues would be getting the full months salary.

But I wasnt there for the full month, so dont really think I had a case to argue. Not really. I prefer to save my energy for the more just disputes that I feel I can and should win. Makes my life easier.

[kungfuman]

Make no mistake about your June salary - you will be paid for the full month - but 1/2 of your salary is going into the fao's pocket.

[roadwalker]

I agree with Denim-Maniac that it is hard to argue the half month thing. But kungfuman is right too. Someone or someones will be pocketing the difference. It is already budgeted. The school was tricky in ending your RP at the very end of the term. That leaves no recourse but leaving early if you want to change schools. There is nothing the police can offer in a private contract. Like hell she will talk with them and risk one more finger in the pie of your half-month's salary. Did they say anything about your airfare bonus/reimbursement?

[caharrison]

I know she won't talk to the police, that was just her excuse to end the conversation. No Chinese is going to say, you know what, you're right, I'm wrong, let me rectify this...
I got my airfare bonus and "travel bonus" already. I'm just wondering if I can somehow reclassify my going to the new school as a trip rather than leaving early, if I might be able to get the money. Even factoring in an extra RT train ticket, it's worth it. Or if I can mention that I'll check the situation with the Foreign Affairs Bureau (if that's the correct name) or some other provincial body, that might make it not worth the FAO's while to steal my money.
As to it being fair that I get half the month's salary for leaving after half the month, I disagree. This situation was fabricated by the school because of the date they put on my RP; had they given me an RP through July or August, there would be no problem. Denim-Maniac's situation was unrelated to his school. DM may, however, be correct that I cannot expect to get the money. That's what I'm trying to gauge.

[NoBillyNO]

If your contract is based on a certain task and you finish early then you have the right to a full paycheck but if it is based on hours and your are not available to perform during those times then your out of luck.

[kungfuman]

[mwaltman]

What does your contract say about incomplete final months? Did you consider this in advance? Are you a "salaried" employee? The definition of salary is clear - a full month's payment regardless of the number of hours, days, weeks, classes worked. Unless you stipulated to this common final half month or non-worked periods of a month, etc. then you are due the full salary. What about holiday period pay? I'd take it more hostile to them depending on what your contract states.

Otherwise, it's something you should have considered in advance.

[wangdaning]

I would tell Uni B what Uni A is trying to pull. Ask them to call and say you can stay until contract end. If not, you are technically getting a new job before your old one ends. If Uni B does this Uni A can do nothing but be a complete ****.

You could put pressure on Uni B, but you are not their worker yet, might backfire.

Something to UniB might be like, "the cost of going to your university has raised because Uni A is telling me this...."

Good luck

[caharrison]

From the contract:
"For his security, Party B should ask for leave and submit a 'written report' or a note to Party A before leaving if he has something urgent to deal with or need to stay outside. If the leave of Party B amount to 15 days (including 15) or piles up to 36 periods of class, half of the month salary with be deducted. If the leave amounts to 30 days . . . the whole month's salary will be deducted".

So, a couple things. Leaving the night of the 16th doesn't add up to 15 full days. I have offered to come back after I get the new RP applied for. I am salaried and hours don't factor in, other than a maximum hours per week; I don't understand how holiday pay applies here (I get paid through Spring Festival but not summer), other than that there's no mention I think.

I'd like to go out on a good (enough) relationship, and start the next job with no problems, though explaining the situation to Uni B is an interesting idea; never know if they'll have a proposed solution or a 'tough luck' stance.

[Denim-Maniac]

[choudoufu]

[choudoufu]

[caharrison]

[kev7161]

Here's my take:

If you're required work is finished for the month (although you are contracted for the entire month) as SCHEDULED BY THE SCHOOL, and you are only leaving for a day or two and planning on returning and hanging around until June 30th, then the school should pay you for an entire month. It is in no way your fault that your actual working time is over based on the school doing testing and so forth that you have no part of.

If you told the school, "Hey, since all my work is done as of June 15th, I'm going to take off on the 16th and not come back. Please make sure my entire salary is deposited into my bank account, thanks." (or some such thing), then I probably would lean more to the school's side of their logic. I don't know that it is completely above board though.

There's not much difference in the two scenarios except for your physical presence or lack thereof.

My last day of having to be at the school is June 21st. I still get paid for the full month as do all teachers, regardless if they are returning next school year or not. Although this isn't an issue for us, again I'll say that if you are contracted until June 30 and through no fault of your own, you are not "working" throughout the whole month, you should still be paid for the entire month.