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General consequences of breaking a contract
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js988



Joined: 03 Dec 2013
Posts: 1
Location: China

PostPosted: Thu Dec 05, 2013 5:58 am    Post subject: General consequences of breaking a contract Reply with quote

Hi ESL people I am going to need some advice from people who have been working in ESL for a while. I have been working in China for a few months in my fist ESL job and have become very unhappy for various reasons.

My company pays 6000RMB per month plus housing. They have jobs all over China but I am in Wuhan and do not like it one bit. I have a person I am seeing that lives in Shanghai and upon doing the right thing and approaching my company about a transfer with them they said no because my contract was a 1 year long one so I then asked for am email outlining the termination process and the consequences meaning I would find work with a company in Shanghai my response was not friendly at all. I was told if they was to take this seriously I would not be able to work in China again and I would have my visa revoked. Needless to say these guys are my lifeline here and I don't like the feeling of control they are trying to have over me I know I can switch and it requires two documents from them but I doubt they will give me these.

I owe them about 6000 Yuan for several housing related things
1. deposit
2. agency fee
3. Internet for the year

They are also cutting my pay for December cos I finish early so I will only get 300 I have debts to pay and I am saving for a masters so my life here is already boring cos I can't do much I can go back home and get a much easier job and get much more money.

My Question is what happens if I just go one day and not notify them? I know my name is "blacklisted" but this experience has put me off work abroad for life anyway. Would there be any legal things they could hit me with they would incur charges despite me being in the UK?
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Thu Dec 05, 2013 6:36 am    Post subject: Re: General consequences of breaking a contract Reply with quote

js988 wrote:
Hi ESL people I am going to need some advice from people who have been working in ESL for a while. I have been working in China for a few months in my fist ESL job and have become very unhappy for various reasons.

My company pays 6000RMB per month plus housing. They have jobs all over China but I am in Wuhan and do not like it one bit. I have a person I am seeing that lives in Shanghai and upon doing the right thing and approaching my company about a transfer with them they said no because my contract was a 1 year long one so I then asked for am email outlining the termination process and the consequences meaning I would find work with a company in Shanghai my response was not friendly at all. I was told if they was to take this seriously I would not be able to work in China again and I would have my visa revoked. Needless to say these guys are my lifeline here and I don't like the feeling of control they are trying to have over me I know I can switch and it requires two documents from them but I doubt they will give me these.

I owe them about 6000 Yuan for several housing related things
1. deposit
2. agency fee
3. Internet for the year

They are also cutting my pay for December cos I finish early so I will only get 300 I have debts to pay and I am saving for a masters so my life here is already boring cos I can't do much I can go back home and get a much easier job and get much more money.

My Question is what happens if I just go one day and not notify them? I know my name is "blacklisted" but this experience has put me off work abroad for life anyway. Would there be any legal things they could hit me with they would incur charges despite me being in the UK?


You want to go to Shanghai and you want to get out of living abroad.
Which of these is more important?
If Shanghai, grit your teeth and complete the contract.
If get home, then do a runner.
I've never heard of anyone being pursued for debt in their home country.
The amounts you owe are paltry compared to the cost of mounting a debt recovery.
I recoil a bit though from the 'boring' comment. That seems a bit lovelorn to me and you're projecting that on to Wuhan and your job.
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teenoso



Joined: 18 Sep 2013
Posts: 365
Location: south china

PostPosted: Thu Dec 05, 2013 6:51 am    Post subject: Reply with quote

Quote:
My Question is what happens if I just go one day and not notify them? I know my name is "blacklisted" but this experience has put me off work abroad for life anyway. Would there be any legal things they could hit me with they would incur charges despite me being in the UK?


According to one other post on another thread, being on a ' midnight run blacklist' could mean you are denied a visa to enter China for 5 years , never mind work here. This may be a new regulation , or maybe just rumour. Maybe you don't care , but 5 years is a long time, especially if you have friends here. edit - probably just a rumour , on reflection, since breaking an employment contract has no direct connection with your entry/visa status, if you leave China promptly. Why would China's immigration authorities care?

Suggest you work a compromise with the employer - tell them you're not happy , and you really need to be in Shanghai for family/personal reasons. If they have an office/school there , I don't see why a transfer is such a huge problem. Failing that , try to negotiate a mutually agreed exit, with the release letter from them , so you can leave China with some peace of mind, not looking over your shoulder.


Last edited by teenoso on Thu Dec 05, 2013 7:48 am; edited 1 time in total
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muffintop



Joined: 07 Jan 2013
Posts: 803

PostPosted: Thu Dec 05, 2013 7:00 am    Post subject: Re: General consequences of breaking a contract Reply with quote

js988 wrote:

My Question is what happens if I just go one day and not notify them? I know my name is "blacklisted" but this experience has put me off work abroad for life anyway. Would there be any legal things they could hit me with they would incur charges despite me being in the UK?


Short answer...Not likely.

Long answer...
Supposedly there is a system in place now where if there is some ongoing legal action against you in China you may be prevented from leaving until it is resolved. If this is true...I don't think anyone here can give you a definitive reply. If the school would have enough time to get the ball rolling against you in time...who knows? If the school is even aware of it....who knows?
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MuscatGary



Joined: 03 Jun 2013
Posts: 1364
Location: Flying around the ME...

PostPosted: Thu Dec 05, 2013 7:02 am    Post subject: Reply with quote

Not everybody is cut out for the trials and tribulations of working abroad. Maybe you're one of those who is not. I've never heard of any overseas employers chasing runners for cash. Remember that you may have to explain the time you've been there to a future employer. If you declare the job they may want to know why you left, the reasons you're giving wouldn't impress me much if I was considering you for a job, and if you do a runner you can't ask for references later.
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choudoufu



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

PostPosted: Thu Dec 05, 2013 9:14 am    Post subject: Re: General consequences of breaking a contract Reply with quote

js988 wrote:
....I have debts to pay and I am saving for a masters so my life here is already boring cos I can't do much I can go back home and get a much easier job and get much more money....


it seems that shanghai really isn't that important to you after all.
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Zimmer



Joined: 26 Oct 2011
Posts: 229

PostPosted: Thu Dec 05, 2013 10:36 am    Post subject: Re: General consequences of breaking a contract Reply with quote

[quote
. Needless to say these guys are my lifeline here and I don't like the feeling of control they are trying to have over me I know I can switch and it requires two documents from them but I doubt they will give me these.

[/quote]

Can you really blame them for trying to control your actions? You are talking about bailing mid contract which will no doubt put them in a bind, and also stiffing them for the money they lent you. Lets just say they're not going to help you with a smile on their faces.

To answer your question... no, if you run home they probably can't do anything about it. If you go to Shanghai then they may or not be able to do something about it.
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damn_my_eyes



Joined: 13 Jul 2013
Posts: 225

PostPosted: Thu Dec 05, 2013 11:04 am    Post subject: Reply with quote

How about cutting the OP some slack.

It's his/her first ESL job and the grim reality of a Chinese language mill is hitting home.

JS988, Is there a release clause in your contract? There should be and if there is you could try that route.
Alternatively you could suck it up and stick the contract out and as teenoso mentioned get a reference letter and also have a years experience under your belt. That can help making sure your next job is a better one!

Don't fall into the trap of leaving one crappy job only to land another crappy job, before you know it you've been working two years and don't even have any references to show for it.

Presuming you're in China on a legit work permit too..right Smile
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muffintop



Joined: 07 Jan 2013
Posts: 803

PostPosted: Thu Dec 05, 2013 7:46 pm    Post subject: Reply with quote

damn_my_eyes wrote:
How about cutting the OP some slack.

It's his/her first ESL job and the grim reality of a Chinese language mill is hitting home.


No.

The guy said he asked the school to let him move to Shanghai to be with his girl. The school said no...and now he wants to pack up his toys and go home.....and in the process leaving the girl I imagine.

No sympathy.

He's acting like a child, not an adult with responsibilities. He has no complaints about the school or job as far as I can see other than.....they expect him to fulfill his contract. What kind of slack should we be giving here? Should we pat him on the head and tell him it will be all right? Does he need a hug?

We are here first and foremost to do a job. Yes I know not everyone is cut out for it and not every school is on the level but......this is the biggest whiny ass post I have seen in a long time.

BOOHOO the school won't let you out of your contract early so you can chase some tail. Might as well go home huh?
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damn_my_eyes



Joined: 13 Jul 2013
Posts: 225

PostPosted: Thu Dec 05, 2013 10:36 pm    Post subject: Reply with quote

muffintop wrote:
damn_my_eyes wrote:
How about cutting the OP some slack.

It's his/her first ESL job and the grim reality of a Chinese language mill is hitting home.


No.

The guy said he asked the school to let him move to Shanghai to be with his girl. The school said no...and now he wants to pack up his toys and go home.....and in the process leaving the girl I imagine.

No sympathy.

He's acting like a child, not an adult with responsibilities. He has no complaints about the school or job as far as I can see other than.....they expect him to fulfill his contract. What kind of slack should we be giving here? Should we pat him on the head and tell him it will be all right? Does he need a hug?

We are here first and foremost to do a job. Yes I know not everyone is cut out for it and not every school is on the level but......this is the biggest whiny ass post I have seen in a long time.

BOOHOO the school won't let you out of your contract early so you can chase some tail. Might as well go home huh?


Oh dear!

Welcome to China.
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Fri Dec 06, 2013 1:55 am    Post subject: Reply with quote

I didn't like the "...upon doing the right thing and approaching my company about a transfer ...." bit. I recently did the right thing and paid for my groceries before leaving the supermarket. Nali nali. A transfer was what the OP wanted, not what the school wanted. What's the alternative? "I skipped town and showed up at another branch in Shanghai and reported for work?" The additional and superfluous phrase 'doing the right thing' seems self-serving to me.

The school doesn't want to end the contract which both parties signed. I don't see much room for slack-giving here. Sympathy, sure: sometimes it really sucks to be in a place where you're not happy. Posters often ask for suggestions here on how to make life a little easier and sometimes they receive helpful advice. Stick it out or go home.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Fri Dec 06, 2013 3:27 am    Post subject: Reply with quote

I really should get out more but I'm going to repeat what I've said in the past.
The job that gets you here ain't always the job that keeps you here.
To get all your ducks in a row first time up is quite a feat.
I bailed from my first gig in Dalian after one semester. All I could salvage was the release letter which I used to get a job at nearby Dalian Maritime.
I'd still be there if family issues hadn't intervened.
The message to OP is get to the first mutually agreeable finish point and move on.
If that is after 12m, so be it.
As you are in China you have the advantage of being able to look at new jobs in person. That is a benefit for the Chinese as well.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Fri Dec 06, 2013 4:21 am    Post subject: Reply with quote

Wuhan has a lot of western amenities as well; fast food restaurants, coffee shops, etc., and a large expat population. A lot less boring than some places if you need that kinda stuff. In addition, 6000 per month is a decent wage for the area.
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jimpellow



Joined: 12 Oct 2007
Posts: 913

PostPosted: Sat Dec 07, 2013 11:07 am    Post subject: Reply with quote

There are so many red flags here for a veteran of China that I could understand why some are harsh with you. But I agree with the one poster that as a newcomer you should be given slack. I would suggest you do more reading before you make such a life-work choice next time. Had you done so I doubt you would find yourself in this situation now.

I think many do not do due diligence beforehand as they simple cannot grasp how incredibly sleazy mainland Chinese society can often be.

Considering that this school and apparently agency (never pay a fee!) are not reasonable (even by Chinese standards), I highly suggest the midnight run option. They may be suspicious you will do so now, so best to share it with no one and be discreet about it.

You may indeed be blacklisted. And it is possible, but not probable, you could be held in China for any contractual dispute according to the new regulations. So best to be safe and get out quick to another country.

There is zero ability for them to pursue you outside of China. Reverse it and you can understand how all these government officials embezzle millions then sneak out with their families and the government can do nothing. China has no extradition treaties or agreements save the odd one like the US and China sharing tax information. I am so proud to be an American these days!

I feel for you on Wuhan. It does have Starbucks but found it the greyest most depressing place in a country filled with them.
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Zimmer



Joined: 26 Oct 2011
Posts: 229

PostPosted: Sat Dec 07, 2013 11:26 am    Post subject: Reply with quote

jimpellow wrote:
There are so many red flags here for a veteran of China that I could understand why some are harsh with you. But I agree with the one poster that as a newcomer you should be given slack. I would suggest you do more reading before you make such a life-work choice next time. Had you done so I doubt you would find yourself in this situation now.

I think many do not do due diligence beforehand as they simple cannot grasp how incredibly sleazy mainland Chinese society can often be.

Considering that this school and apparently agency (never pay a fee!) are not reasonable (even by Chinese standards), I highly suggest the midnight run option. They may be suspicious you will do so now, so best to share it with no one and be discreet about it.

You may indeed be blacklisted. And it is possible, but not probable, you could be held in China for any contractual dispute according to the new regulations. So best to be safe and get out quick to another country.

There is zero ability for them to pursue you outside of China. Reverse it and you can understand how all these government officials embezzle millions then sneak out with their families and the government can do nothing. China has no extradition treaties or agreements save the odd one like the US and China sharing tax information. I am so proud to be an American these days!

I feel for you on Wuhan. It does have Starbucks but found it the greyest most depressing place in a country filled with them.



I don't think there was anything said that suggests the school is being unreasonable, it seems to me they just want the OP to honor his or her contract and repay the money that was borrowed.
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