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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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 Posted: Wed Dec 18, 2013 12:11 pm Post subject: |
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if your named in a lwsuit, yes the authorities can require you to stay until judgement.
And require one to continue to fulfill the terms of the contract as well? |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Wed Dec 18, 2013 2:13 pm Post subject: |
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JoeKing said it best!
| JoeKing wrote: |
| I think choudoufu said it best |
don't argue! google!
INTERIM MEASURES FOR THE ADMINISTRATION OF EMPLOYMENT CONTRACTS FOR FOREIGN EXPERTS WORKING IN THE CULTURAL AND EDUCATIONAL FIELDS
(Promulgated by the State Bureau of Foreign Experts on 24 May, 1993)
CHAPTER I ARTICLE 10.
A contract shall be invalid if any of the following situations exist:
(1) if the contract breaches the laws and decrees of the People's Republic of China and/or the public interests.
http://www.china-tesol.com/Regulations_at_TEACH_CHINA/Contracts/contracts.html
Labor Contract Law of the People's Republic of China
Order of the President of the People’s Republic of China (No. 65)
June 29, 2007
Article 26 A labor contract shall be wholly or partially invalid if:
(3) the labor contract is in violation of the mandatory provisions of laws or administrative regulations.
http://www.fdi.gov.cn/1800000121_39_2135_0_7.html |
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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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| Posted: Wed Dec 18, 2013 5:31 pm Post subject: |
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Hey, no argument here. Just questioning someone who has a different perspective. The way laws are interpreted and ignored leads me to the wisdom of others so that I may see the light. I learn something almost every time I read this forum.
Honest.  |
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Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
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| Posted: Wed Dec 18, 2013 6:08 pm Post subject: |
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| NoBillyNO wrote: |
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So you're saying that if an FT who entered China on an L visa , agreed to a work-for-pay contract and was considered by the state to be afoul of the law could sue to remain in China and continue working on that L visa if he had the wherewithal to fight the entity that is trying to deport him.
And likewise, if someone who enters into a work-for-pay contract while in China on an L visa could be compelled by the state to remain in China to fulfill the terms of the contract.
Do I understand correctly? |
NO, when dealing with visa disputes one would need the cousel of a imigration attorney ..... if your named in a lwsuit, yes the authorities can require you to stay until judgement.
| Quote: |
Isn't it like the concept of capacity to contract?
Unless you're in China on a visa that permits working you have no capacity to enter into a binding (on both sides) contract. |
If your a not a minor you have the capacity. Working without a visa is against the labor departments and imigration regulations and could result in charges. Breaking the law does not exempt you from contract law...if and only if someone files a suit. NO employer of a FT who has violated visa requirements wants to go to court on working contracts. FT's simply dont make enough money...... |
Lack of capacity ie the legal status to contract would make the contract unenforceable in the COURT. This doesn't mean that an agreement entered into in good faith shouldn't be fulfilled.
I'm sure many are to the satisfaction of both parties, but if you've got to the stage that OP has reached, the relationship has irreparably broken down and the message is:
Don't expect the Courts to fix your problem.
Most issues between FTs and their schools seem to be about non payment of whatever.
So remember the golden rule
'The guy with the gold make the rule' |
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