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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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 Posted: Tue Dec 10, 2013 8:00 am Post subject: Breaking an Employment Contract/ L/F-Visa |
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| If an employee is on a L, F, M, or X visa, what can an employer do, if the the employee breaks the so-called "contract" if the foreign teacher is working illegally in the first place? |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Dec 10, 2013 8:06 am Post subject: |
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well, they can look at you really mean, and perhaps wag a finger at you.
aside from that? nothing. no legal work visa means no legal contract.
no legal contract means not legally binding, no way to enforce. |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Tue Dec 10, 2013 8:10 am Post subject: |
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| choudoufu wrote: |
well, they can look at you really mean, and perhaps wag a finger at you.
aside from that? nothing. no legal work visa means no legal contract.
no legal contract means not legally binding, no way to enforce. |
Thanks!
So, no problem to leave China, get a LEGAL Z-visa from a LEGIT employer and return to China to work legally? |
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NoBillyNO
Joined: 11 Jun 2012
Posts: 1762
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| Posted: Tue Dec 10, 2013 8:49 am Post subject: |
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| If legal litigation is involved they can hold your passport til settled. |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Tue Dec 10, 2013 9:56 am Post subject: |
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| NoBillyNO wrote: |
| If legal litigation is involved they can hold your passport til settled. |
Legal litigation... Please clarify.
Hold your passport... Also clarify this point as well. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Dec 10, 2013 10:10 am Post subject: |
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| Prof.Gringo wrote: |
| NoBillyNO wrote: |
| If legal litigation is involved they can hold your passport til settled. |
Legal litigation... Please clarify.
Hold your passport... Also clarify this point as well. |
legal litigation? none to be had. the contract is not valid, cannot be enforced.
does an druggie call the cops when his coke is cut with baby laxative?
don't hand over your passport for any reason. them at the school don't
need it. you do. just settle your debts and get out before your tourist
visa expires. |
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JoeKing
Joined: 30 Apr 2008
Posts: 519
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| Posted: Tue Dec 10, 2013 10:26 am Post subject: |
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| choudoufu wrote: |
does a druggie call the cops when his coke is cut with baby laxative?
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I laughed out loud when I read this....but you know what? I've heard of similar "dumb criminal" acts in my home state of Floriduh...
But seriously, that(leaving when you want) actually could be one benefit of working on less than the proper visa. No worries about getting a release to work again. It's all a crap shoot anyway..... |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Tue Dec 10, 2013 10:32 am Post subject: |
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| choudoufu wrote: |
| Prof.Gringo wrote: |
| NoBillyNO wrote: |
| If legal litigation is involved they can hold your passport til settled. |
Legal litigation... Please clarify.
Hold your passport... Also clarify this point as well. |
legal litigation? none to be had. the contract is not valid, cannot be enforced.
does an druggie call the cops when his coke is cut with baby laxative?
don't hand over your passport for any reason. them at the school don't
need it. you do. just settle your debts and get out before your tourist
visa expires. |
I never give my passport to any foreign employer for any reason...
And I would like to know HOW an ILLEGAL contract can be LEGALLY enforced? Does anybody believe that? I don't.
If any poster has any proof to the contrary, please share... |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Tue Dec 10, 2013 12:15 pm Post subject: |
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I have an 'L' or 'F' visa and have signed a contract with the school. I'm bound to its terms, right?
Absolutely not! If a teacher is working on an 'L' or 'F' visa and has signed a contract with the school, it's not worth the paper it is written on. Aside from working illegally, the teacher is not bound to any kind of contract with the school and is free to up-and-leave at any moment in time There are absolutely no consequences in any shape or form if the teacher 'breaks' any of the 'terms' of the 'contract'. Any threats of reporting the teacher to the authorities is a falsehood as all that would serve is to do is expose the 'school' as being an illegal operation.
http://www.bdwteachers.com/common-visa-mistakes.html |
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WLamar
Joined: 19 Oct 2013
Posts: 58
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| Posted: Tue Dec 10, 2013 12:59 pm Post subject: Re: Breaking an Employment Contract/ L/F-Visa |
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| Prof.Gringo wrote: |
| If an employee is on a L, F, M, or X visa, what can an employer do, if the the employee breaks the so-called "contract" if the foreign teacher is working illegally in the first place? |
If an employer does things in the right way, he can report the teacher to the PSB/Immigration and receive a cash reward for reporting illegal foreigners. If he knows the best way to report the illegal activity and not incriminate himself, he can clean up.
You can get 10,000 - 50,000 for reporting illegal foreigners in China - illegal visas, working illegally, etc.
It's time a phone call or two is made. Who is the teacher? |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Tue Dec 10, 2013 1:08 pm Post subject: Re: Breaking an Employment Contract/ L/F-Visa |
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| WLamar wrote: |
| Prof.Gringo wrote: |
| If an employee is on a L, F, M, or X visa, what can an employer do, if the the employee breaks the so-called "contract" if the foreign teacher is working illegally in the first place? |
If an employer does things in the right way, he can report the teacher to the PSB/Immigration and receive a cash reward for reporting illegal foreigners. If he knows the best way to report the illegal activity and not incriminate himself, he can clean up.
You can get 10,000 - 50,000 for reporting illegal foreigners in China - illegal visas, working illegally, etc.
It's time a phone call or two is made. Who is the teacher? |
You are...  |
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mw182006
Joined: 10 Dec 2012
Posts: 310
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| Posted: Tue Dec 10, 2013 1:31 pm Post subject: Re: Breaking an Employment Contract/ L/F-Visa |
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| WLamar wrote: |
| If an employer does things in the right way, he can report the teacher to the PSB/Immigration and receive a cash reward for reporting illegal foreigners. If he knows the best way to report the illegal activity and not incriminate himself, he can clean up. |
Troll-man trying to crack a joke for once? Someone must be sipping the baijiu tonight because this makes absolutely no sense. Please indulge us; what is the 'right way' for an employer who knowingly hires an illegal employee to report said illegal without incriminating themselves? |
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muffintop
Joined: 07 Jan 2013
Posts: 803
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| Posted: Tue Dec 10, 2013 3:41 pm Post subject: |
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| If it were that easy....rival schools would be calling in the PSB on each other every day. |
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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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| Posted: Tue Dec 10, 2013 5:46 pm Post subject: |
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I have an 'L' or 'F' visa and have signed a contract with the school.
Which is it? If you have an L visa, nobody has a claim on you. If you signed an agreement to perform certain services for the employer and he can prove that they were necessary to the function of his business but you didn't live up to the agreement, you might be in a sticky situation if you have an F visa.
When does your visa expire? |
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Prof.Gringo
Joined: 07 Nov 2006
Posts: 2236
Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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| Posted: Wed Dec 11, 2013 12:03 am Post subject: |
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| Bud Powell wrote: |
I have an 'L' or 'F' visa and have signed a contract with the school.
Which is it? If you have an L visa, nobody has a claim on you. If you signed an agreement to perform certain services for the employer and he can prove that they were necessary to the function of his business but you didn't live up to the agreement, you might be in a sticky situation if you have an F visa.
When does your visa expire? |
What if it were an F-visa?
All else being equal... |
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