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neverheardofem
Joined: 29 Feb 2012 Posts: 100
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Posted: Tue Jun 17, 2014 12:49 pm Post subject: Broke a contract - Can I return? |
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I think I've messed up my chances of working in China again. I worked there in 2012 (Shanghai), but only for about 2 months from September to early November. Something serious happened (not work related) and I had to return home. I left pretty quickly and the employer wasn't happy. I know it was a bad move and I am ashamed of it, but at the time, there was no choice. Now, I have been offered an opportunity that has made me begin to think seriously about going back.
However, I've just realised that I may not be able to. I have no release letter or recommendation from the previous employer. The prospective employer (Suzhou) has asked if I have a foreign expert certificate, and I don't. At the time I left, I had a residency permit and visa expiring September 2013 (even though I left months before this) in my passport. I don't know what to do now. Forget China? If anyone can offer any advice I would really appreciate it. |
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Piper2
Joined: 13 Jun 2014 Posts: 146
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Posted: Tue Jun 17, 2014 8:11 pm Post subject: Re: Broke a contract - Can I return? |
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neverheardofem wrote: |
I think I've messed up my chances of working in China again. I worked there in 2012 (Shanghai), but only for about 2 months from September to early November. Something serious happened (not work related) and I had to return home. I left pretty quickly and the employer wasn't happy. I know it was a bad move and I am ashamed of it, but at the time, there was no choice. Now, I have been offered an opportunity that has made me begin to think seriously about going back.
However, I've just realised that I may not be able to. I have no release letter or recommendation from the previous employer. The prospective employer (Suzhou) has asked if I have a foreign expert certificate, and I don't. At the time I left, I had a residency permit and visa expiring September 2013 (even though I left months before this) in my passport. I don't know what to do now. Forget China? If anyone can offer any advice I would really appreciate it. |
Despite my low post count I have lived and taught in China for some years.
If the something serious was a crime you committed and were deported for then maybe you will not be granted a z visa. Though some lesser violations only result in temporary bans of a few years. If you were not deported then it depends.
Did you break the contract, in other words, do a runner? Or did you terminate the contract more or less amicably, eg pay a penalty?
Do you know if your employer cancelled your Residence Permit (for breach of contract)?
Your previous job was in Shanghai, which is a different administrative region to Suzhou, so you may be ok even if your RP was cancelled.
Some say that sarting with a new z visa means you do not need to provide a release/recommendation letter from your former employer or certificate of FEC cancellation if you do not mention your previous teaching position. Additionally you could get a new passport so your old RP sticker will not be seen. I do not know how you should answer that question on the visa application form that asks if you have previously applied for a visa.
The only way to know for sure if you can get a visa is to apply for one.
Of course there is the ethical issue of whether to tell the new employer you have reason to believe you may not get a visa. If you tell them they will probably hire someone else. If you do not tell them and you are not given a visa you will have wasted their time, money and goodwill.
Last edited by Piper2 on Tue Jun 17, 2014 9:51 pm; edited 1 time in total |
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neverheardofem
Joined: 29 Feb 2012 Posts: 100
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Posted: Tue Jun 17, 2014 8:57 pm Post subject: |
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Thanks for your reply Piper. I wasn't deported or commit any crime. However, in the employers view, I did do a runner and it was a lousy thing to do. From my view, I had an urgent issue to deal with and I did a lousy thing to the employer because of it. So either way, yes, I did a runner. I will tell the prospective employer the truth and see what happens. I really hope I get another chance! |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Tue Jun 17, 2014 10:42 pm Post subject: |
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neverheardofem wrote: |
I will tell the prospective employer the truth and see what happens. I really hope I get another chance! |
Smooth move. |
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Big Worm
Joined: 02 Jan 2011 Posts: 171
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Posted: Tue Jun 17, 2014 11:06 pm Post subject: |
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It's hard to say because from what I can tell there is no 100% policy for anything that is standard across china. My limited knowledge is for the Beijing area. There is currently a blacklist that your employer can put you on for running. It bars you from working for five years. However, this requires your employer to actively put you on the list, and I think this is a "law" that passed in the last year or so. Also don't know about shanghai.
I'd say your chances are good enough to give it a try. |
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maxand
Joined: 04 Jan 2012 Posts: 318
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Posted: Tue Jun 17, 2014 11:42 pm Post subject: |
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[quote="Bud Powell"]
neverheardofem wrote: |
I will tell the prospective employer the truth and see what happens. I really hope I get another chance! |
http://www.youtube.com/watch?v=RXR91UxhO7Y |
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Larry Legend
Joined: 12 May 2014 Posts: 172 Location: China
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Posted: Wed Jun 18, 2014 2:31 pm Post subject: |
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I did a similar thing- left after a month or two. I wasn't on a working/teaching visa yet though. The reason why I left was because the school was a circus show: foreigners were quite unprofessional (being the hypocrite I am when it comes to leaving) and the management was very untrustworthy and I got a better job so I just left.
While I really would have liked to give them notice- you never want to screw over the kids or the school even if they are doing everything they can to take money out of your salary/paying very sporatically...from a financial standpoint, it made no sense to tell them that I was leaving and pay them money that was in the contract. They need to work that stuff out in the contract because they kind of screw themselves over with that......they were screwing me over in my contract and they expect me to give them notice so I can pay them money and wait for another foreigner to come? Makes no sense- especially since I was on a tourist visa to begin with and could go anywhere else right afterwards.
Anyways, when I got my current job, I was completely honest with my boss and he just wanted to know why I left to make sure he didn't operate in the same fashion and face a similar situation..Other than that, he didn't seem to care.
Personally, I'd take the half honest route...Be up front about it but find some good reasons. Even if your reason was legitimate- it doesn't quite sound like is by the way you typed it (not sure how someone can have 'no choice' in this matter, yet still be ashamed of it...also, the fact that you were only in China for 2 months until that point suggests otherwise) but I'm no mind-reader, it might be better to choose reasons that can ensure the school that it won't happen again- like you weren't getting paid, they were taking money out of your salary...etc.....understandable stuff that they know they don't do so that can ease their mind a little more rather than just a random occurrence because from their perspective..who knows when something random will pop up again and you will just leave?
Again , I don't know your situation so forgive me if I come across as insincere. And this is just from my personal experience...everyone is different of course.
Last edited by Larry Legend on Wed Jun 18, 2014 6:28 pm; edited 1 time in total |
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Babala

Joined: 28 Jan 2005 Posts: 1303 Location: Henan
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Posted: Wed Jun 18, 2014 4:35 pm Post subject: |
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Suzhou is probably one of the strictest cities for teaching regulations in China. I believe you will be able to find work but probably not in Suzhou. |
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MozartFloyd
Joined: 12 Jul 2013 Posts: 66 Location: Guangdong, China
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Posted: Sat Jun 21, 2014 4:26 am Post subject: |
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There was a guy from Oz who worked at my university. He'd burned numerous bridges; created utter havoc in Wuhan, yet was still able to land a job where I work. That makes my uni sound lame, and perhaps the admin is lazy and out-to-lunch, but the students are great and life is easy. He screwed up big time here as well. The U told him "no more teaching" but allowed him to stay in his apartment and collect the rest of his salary. Long story short: he just landed another job in Hubei. |
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neverheardofem
Joined: 29 Feb 2012 Posts: 100
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Posted: Sat Jun 21, 2014 7:22 am Post subject: |
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I told the school that I left early for personal reasons and they don't seem concerned about my breaking the contract. They are actually trying to help and want to contact the old school to see of they can get a letter (release letter I presume) and contact the foreign expert bureau that issued my visa. However, I'm not too hopeful. The company I worked for was very large with a big turnover, and I doubt that they will even remember me. If they do, they are unlikely to be cooperative. It is such a pity as I would have loved to take this new job. I accept that it is my own fault though. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Sat Jun 21, 2014 8:37 am Post subject: |
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Larry Legend wrote: |
I did a similar thing- left after a month or two. I wasn't on a working/teaching visa yet though. |
How long ago was this?
If you're hired, I see no point in giving information about past employment. Unless you have a repeat episode, your new employer won't check with past employers. |
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Larry Legend
Joined: 12 May 2014 Posts: 172 Location: China
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Posted: Sat Jun 21, 2014 5:53 pm Post subject: |
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Bud Powell wrote: |
Larry Legend wrote: |
I did a similar thing- left after a month or two. I wasn't on a working/teaching visa yet though. |
How long ago was this?
If you're hired, I see no point in giving information about past employment. Unless you have a repeat episode, your new employer won't check with past employers. |
I was still at my prior job while I had the interview with my current one. I was 100 percent honest with my current employer. Unfortunately, my contract didn't allow me to do the same with my last job, regardless of the circus show that it was. |
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fpshangzhou
Joined: 13 Mar 2012 Posts: 280
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Posted: Sun Jul 27, 2014 10:51 am Post subject: |
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Hey Teflers,
I've been working for this company that offers 1-1 teaching English for the past few months. Having gone through all the hoops of bureaucracy to get my new residence permit to work full-time, I was hoping to sign my contract with them. However, now they are now putting it on hold because they don't know if they want to hire me full-time. With that said, I was wondering since they paid for the medical & z visa fee, am I obligated to stay with them since I haven't signed a contract as of yet? I'm willing to stay with them if we do the contract so I can be guaranteed a monthly salary, instead of just a few peanuts per month working part-time. I would even be willing to stay part-time with them as I have been doing for the past months, but just start looking for a more full-time position that offers a guaranteed monthly salary I can survive on.
Cheers |
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