Job Discussion Forums

[Javelin of Radiance]

[5h09un]

my comment is going to be kind of long because i've been in a situation like this before. it's something i really hate to see other people go through because i know what it feels like.

first, if you really want out, try to solve this amicably. people on this site often talk big about not taking any nonsense from your employer, but your boss has a lot of power over you. chances are you'll only make things really bad for yourself if you choose the path of most resistance, which is confrontation and rudely phrased claims about your rights and how they're being violated. being confrontational is a big no-no in chinese culture and if you think you can publicly shame your employer into cooperating with you like you might be able to back home, you're mistaken. it's far more likely that this will only lead to further escalation and you feeling very sorry for yourself. just don't do it.

anyway, i was in a pickle like this for a while. more than once, actually.

if you aren't a jerk and you don't make a big scene, they might be willing to cooperate with you. i had trouble with an employer a few years ago and my contract contained some of the same conditions yours did. it was a painful split (threats and what not), but we basically made a deal (i work until the end of the semester and turn in my grades) and they'll give me everything i'm entitled to (documents, vacation bonus, etc) and they wouldn't fine me for leaving early.

the second time i worked for a less than ideal school, my situation was pretty much identical to yours. we were chronically understaffed and all of us were being forced to do overtime without consent and in contravention of our contracts. after a month or two, i politely requested that they lower my hours to the agreed level and i was met with a flurry of threats and unfounded accusations. i ended up working for the entire contract period because it was too difficult for me to quit early and find another job.

if you're in a provincial capital, try to find the local offices of the foreign experts bureau. they're the people who are responsible for your foreign expert certificate. if it gets to the point where you're being intimidated and you don't think there's any hope for a peaceful solution, contact these officials (have a chinese friend help if necessary) and let them know what's wrong. they'll call your school and that will probably set them straight.

i've seen it work twice in two different cities of similar size. at my first bad job, i was bullied and threatened because i didn't know where to get help. but once i found it, the nonsense stopped immediately and i was able to eventually leave on acceptable terms. at my second bad job, i stayed until the end for financial reasons, but also because i had moved to a new province and i didn't know where to get help even though i badly needed it. but one of my coworkers ended up having to find the office here because the school started threatening him because he requested time off. his grandfather was actually dying and he wanted to go see him before he went. after he contacted these people, management backed off and stopped messing with everybody because they knew they couldn't anymore. i now have a much better job.

so yeah, just sit down with them and try to solve this peacefully. otherwise they'll probably turn your life upside down.

[GreatApe]

I wholeheartedly agree with THIS:

5h09un wrote:

[5h09un]

no, you just need to get help from the foreign experts bureau if things start to get hairy.

i acknowledged in my comment that a peaceful solution might not be possible under any circumstances. if that ends up becoming OP's situation, that is pretty much their only way out because as far as i know, nobody else (besides the local labor arbitration board) has the power to force their boss to abide by the conditions set forth in their contract.

there are a lot of nasty things an unscrupulous employer can do to a foreign employee they know a) is inexperienced, b) doesn't know the local language and most important of all c) how to get help when they need it. it's easy to become somebody's punching bag under these conditions. it's not like OP can go to the nearest police station for help. this is a workplace dispute, not a criminal matter, so they won't care. they won't even know what you're talking about when you bring up topics like release letters.

another thing i advise OP to do is inform them of all of these financial headaches their employer is giving them. your contract should be printed in english and chinese, so bring both of those to FEB when you go. this stuff about security deposits and withholding pay sounds very unorthodox to me and it's probably illegal. a security deposit for your housing is fine, but they shouldn't be trying to withhold any of your pay so that you won't leave early. that's actually the purpose of paying you an annual bonus.

i suppose they could try seeking arbitration with the local labor board or whatever, but i've never done that and i've never known anybody who has had to either. either way, that's a much bigger hassle than a couple of phone calls and/or maybe a visit to some obscure government office to visit some sleepy officials.

basically, you're going to need outside help if your boss isn't willing to cooperate with you. he can withhold documents like your release letter even though that's against the law because he thinks there's nothing you can do about it. he can refuse to pay you your full salary. there are a lot of things they can get away with that you can't do anything about just because they think you're a helpless idiot.

if you'd reveal which tier 3 city in shandong you're in (i'm thinking qingdao, but i'm not sure), i could try finding the location of the office for you and posting it here. they keep regular business hours, so you could just go there on a day off with a chinese friend or a student you're on good terms with and explain your situation to them.

[choudoufu]

at this point, what's the reason for arbitration, or for visiting safea
or the foreign experts board?

the employer has not breached the contract, other than assigning
too many paid hours. from what i read, OP could have refused, but
did not. he accepted with the promise they'd try to cut the hours.
instead of refusing additional hours, he quit. so long as he accepted
and continued to work, he has in effect accepted a minor adjustment
to the written contract.

not getting paid? not getting airfare? no release letter? none of these
have (not) happened yet. all hypothetical. one sure way to piss off the
boss, and not get these things, is to lodge a formal complaint (without
good cause).

so far, OP has quit, employer has accepted. is there any indication
employer will not do as required?

and a question for the chinese lawyers in the audience: if an employee
quits, is he still entitled to a release letter? or is a release letter only
required if employee completes the contract?

[deleted]

Thanks for all the helpful replies.
I had a talk with my manager yest-rday telling them that I did not want to do the over-time. They removed one class but refused to do any more, and started personally insulting and threatening me.

I'll give you some details about my contract.
:work up to 25 hours per week - contact teaching hours; teaching hours and admin duties WILL NOT exceed 28 hours; will be required to work five days a week with two days off.

Academic hours at this place are measured as 60 minutes. I teach a variety of classes 1hour/2hour/1.5hour/and 45 minutes.

I have sixteen 45 minute classes each week. Measuring these classes by 60m academic hours seems ludicrous but my manager won't budge on that, and makes out I am a layabout whenever I broach the subject

[The first time I was ever given over time- they simply handed me my schedule with 29 teaching hours on it. I expressed disatisfaction and they fixed it for me, but that was the last time].

Ontop of my teaching, I am now forced to come to work on "stand-by" sitting around in the office, waiting in case I need to demo a class or test some students. I don't know what category this "Standby" falls into but I gather the manager doesn't consider it "contact hours", nor I guess, is it a "working hour" so I don't get paid for it (I have only 2 hours of stand-by).

To choudoufu. I accepted working extra "would you do this, because such-and-such is busy with this... It's only for a month?". I said, okay sure. Only afteward did I discover that it would be outside the conditions specified in the contract - and THEN I complained about it. I explicitly told them "I don't want to do it" and was told "just hang in there until..." which I did do, but nothing came of that, and so after many months I have quit. Any question of improving my conditions raises hackles from the manager who becomes aggressive even when I'm simply asking "WHAT DOES IT MEAN?", so how can I expect to flatly say NO and not suffer worse punishment?

As far as I'm concerned (and I may be wrong, legalistically). I said I don't want to do it, therefore they have voided their contract in continuing to schedule it to me.

I have to turn up before every class at least fifteen minutes, and then press my finger on finger print scanner. If I don't do this then I lose 50RMB pay (this is not mentioned in the contract); often .

All these 15 mins, including 15min breaks between classes , in which I often need to test new students - (though not lunch breaks) add up to 8.5 hours per week; though this time is not accounted for under "admin/contact hours.

I didn't only quit because of hours, I have developed health issues (postural) and can't sleep properly at night. No way in hell am I going to hang around til the end of the year.


So I am told that I am the only one breaking the contract (I'm not, I'm terminating it under the contract's specified conditions). And I'm in a position where if I refuse anything as, Choudofu suggests, I will be punished.

[JustinC]

Better off out of there, then. Your employer is being a cowboy, nickle and diming you and taking a lot more of your (precious - that isn't meant sarcastically, nothing is more valuable) time than you initially agreed to. It's the fucking typical action of someone with absolutely no personnel skills and who is only in the business for the money. Screw him and the fucking horse he rode in on. A few minutes here and there can really add up, over the course of a year, I wonder how much he's 'saving' by getting you to do voluntary work?

/rant

Anyway, what you've done is terminated the contract as per the contract you both signed in good faith. That he's already broken the terms would be cause for legal redress back home but there's no point here. Your best bet is to retire gracefully and keep on good terms with your employer until all monies have been paid. While you're waiting for that, get onto recruiters to find a better school - there are lots of them.

[thechangling]

[5h09un]

here's the information i promised. remember, this is a last resort. it's for when you feel like the only way from where you are is up. it's for when your boss says that if you don't teach those classes, he's gonna cancel your visa and have you put on a blacklist and banned from the country for ten years. (something he absolutely does not have the power to do.)



​Address: 青岛市市南区闽江路7号青岛市外国专家局

Phone: 85911347

Email: [email protected]

[5h09un]

[deleted]

I have now finished working at the place. They gave me one week notice to - complete 400 middle school papers, complete all the institution paper work - handover docs + the regular teaching rituals AND teaching, move appt, clean appt (in fact i was given 1 day notice that the middle school papers had to be completed by the next day (an impossibility, so I had friends assist)).

I was made to leave the apartment finally, after having worked the entire day.

During this period I developed tendonitis in my right arm and could not write for longer than 5 mins at at time (went to the doctors for proof). I am still recovering now, 3 days later.

Handed in all the docs being told I would not be paid til I did. Received my account statement - they claimed $2000 USD of my money that they were holding (housing deposit, half first month wage + the most recent month's wage) and specified that I still owned 500rmb.

-- It's fairly obvious they gave me such short notice in the hopes that I would do completely unsatisfactory work (cleaning or marking etc.) so they could hold something against me. But my work was almost immaculate, which didn't stop them filling the account owing statement with bogus charges.

--
The contract stated that 2 month written notice is required by either party. Unfortunately I foolishly messed this up. When asked when I would leave I told them I would give 2 month notice as per the contract. They said "you really should stay until the end of mid-s semester" and I said, "yea that's fair enough" - the very clear implication being that middle school semester might run longer than the 2 months (I wrote this into my written resignation). In fact, it ran shorter (excluding the marking period). As soon as my middle school classes finished they kicked me out, and demanded everything completed.

So that's it.

I am going to be taking matters further, I think there are many avenues (not stated in the above) available.

I'm in contact with previous employees who (the manager told me) had the same thing occur to them (they seemed almost proud); until that time I'd been told they had been fired for various misdeeds.

Constructive suggestions very much appreciated.

[doogsville]

Who are these people. Name and shame. Make it clear to them that you will post their details on every website you can find. Make it harder for them to do this to others in the future. Perhaps if the other teachers you are in touch with had done that you wouldn't have had the experience you have. These people get away with it time after time because their victims chalk it up to experience and don't publicise it.

[deleted]

[5h09un]