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Good News - Moonlighting Is Legal In China After All...
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Thu Sep 18, 2014 1:34 am    Post subject: Re: Ignorance is convenient but not helpful when posting her Reply with quote

Wo Dong wrote:
Ignornace may be convenient to make an argument here but it fools nobody but yourself. Until you make a trip to a law library (Renmin University has the best one in China) you will be talking out of your ass.

I stand by my FIL and the law books anyone can read by visiting the above law library. So if you want to sort fact from fiction - make the trip or remain ignorant. Your choice. Here is the bottom line...

A 2012 and 2013 Central government law in China supersedes any municipal, provincial, and central law from 2002. I am not holier than anyone. I just did my homework on this subject and am confident in what I learned and what my FIL confirmed. I don't think many recruiters have a JD in labor law nor were law professors at Renmin U. so I will keep trusting my FIL for accurate and truthful information about Chinese labor laws. It is now LEGALLY okay to moonlight with a second job so long as you are not "competing" with your first employer (probably influenced by their harmony doctrines)


Sigh. Maybe your did, maybe you did. Nothing about labor laws supersede laws about immigration. Maybe it is you who needs another trip to somewhere. That is simple logic, we are equal to workers here, but fall under other laws. I have neither the time or money to travel to some university and study law, but that should be clear to anyone.

You think the labor law is the only one in China, read up.
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Wo Dong



Joined: 02 Sep 2014
Posts: 54

PostPosted: Thu Sep 18, 2014 1:42 am    Post subject: Re: Ignorance is convenient but not helpful when posting her Reply with quote

wangdaning wrote:
Wo Dong wrote:
Ignornace may be convenient to make an argument here but it fools nobody but yourself. Until you make a trip to a law library (Renmin University has the best one in China) you will be talking out of your ass.

I stand by my FIL and the law books anyone can read by visiting the above law library. So if you want to sort fact from fiction - make the trip or remain ignorant. Your choice. Here is the bottom line...

A 2012 and 2013 Central government law in China supersedes any municipal, provincial, and central law from 2002. I am not holier than anyone. I just did my homework on this subject and am confident in what I learned and what my FIL confirmed. I don't think many recruiters have a JD in labor law nor were law professors at Renmin U. so I will keep trusting my FIL for accurate and truthful information about Chinese labor laws. It is now LEGALLY okay to moonlight with a second job so long as you are not "competing" with your first employer (probably influenced by their harmony doctrines)


Sigh. Maybe your did, maybe you did. Nothing about labor laws supersede laws about immigration. Maybe it is you who needs another trip to somewhere. That is simple logic, we are equal to workers here, but fall under other laws. I have neither the time or money to travel to some university and study law, but that should be clear to anyone.

You think the labor law is the only one in China, read up.


Can you provide a link to what you are talking about and I will share it with my FIL on Sunday and get his feedback?
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Thu Sep 18, 2014 1:54 am    Post subject: Reply with quote

All these arguments are academic. It doesn't matter what the law says. What matters is how the law is interpreted and applied. The interpretation and application of any law in China can vary between provinces, between cities, and even between police stations.

And if you want to stand in a police station and tell them they have interpreted or are applying the law incorrectly, then be my guest. You just lost!! The person applying the law will always win.

Wake up my friend, take your head out of your law books, and take a look at the real world around you.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Thu Sep 18, 2014 2:14 am    Post subject: Reply with quote

To be clear:

1) labor law applies to all
2) immigration has restrictions
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Thu Sep 18, 2014 2:18 am    Post subject: Reply with quote

Actually, the better thing to think about is you will be deported by the immigration people. The labor people are not involved here. It is not their department.

You are misleading people. That is wrong.
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Banner41



Joined: 04 Jan 2011
Posts: 656
Location: Shanghai

PostPosted: Thu Sep 18, 2014 2:54 am    Post subject: Reply with quote

Misleading people in attempts for them to seek legal help after the mistake from your Father In Law is irresponsible and borders on the criminal.

Flagging.
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Wo Dong



Joined: 02 Sep 2014
Posts: 54

PostPosted: Thu Sep 18, 2014 3:56 am    Post subject: Reply with quote

wangdaning wrote:
To be clear:

1) labor law applies to all
2) immigration has restrictions


Again, if you can give me a link supporting your comments I will share it with my FIL on Sunday and see what his feedback is.

RE: What Mike had to say... Of course you are NOT going to make your case at a police station, but with a claim with the courts and Ministry of Labor and Foreign Affairs if someone tries to fire you for working two jobs.

And to Banner 41... I see from your other past historical posts that you boast about "flagging" people who disagree with you. Grow up and deal with the facts of PUBLISHED LAW that may not be convenient for your recruiting activities as you need teachers to remain loyal to you and not seek work independently. Need I remind everyone of the below link

http://eslwatch.info/china-2/scams-or-schemes-in-china/12147-beware-of-agents-recruiters-masquerading-as-esl-tefl-teachers-at-expat-esl-tefl-forums.html#re-7

In fact, Banner 41 is the one misleading people to forfeit their employment rights under the MOST CURRENT CHINESE LABOR LAW. If he is not doing this deliberately (as I suspect) then we can just chalk it up to genuine ignorance of the law. BTW... getting people banned here because they disagree with you will only motivate them to post at other ESL & TEFL forums and message boards about unfair censorship policies here you create with your false flag alerts.

If expat teacher Cole can win two claims against Chinese schools in Chinese courts, and still remain teaching in China, then their is new hope the law can and will be applied favorably if we choose to use it as leverage to enforce our labor law rights.
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Banner41



Joined: 04 Jan 2011
Posts: 656
Location: Shanghai

PostPosted: Thu Sep 18, 2014 7:58 am    Post subject: Reply with quote

Wo Dong wrote:
wangdaning wrote:
To be clear:

1) labor law applies to all
2) immigration has restrictions


Again, if you can give me a link supporting your comments I will share it with my FIL on Sunday and see what his feedback is.

RE: What Mike had to say... Of course you are NOT going to make your case at a police station, but with a claim with the courts and Ministry of Labor and Foreign Affairs if someone tries to fire you for working two jobs.

And to Banner 41... I see from your other past historical posts that you boast about "flagging" people who disagree with you. Grow up and deal with the facts of PUBLISHED LAW that may not be convenient for your recruiting activities as you need teachers to remain loyal to you and not seek work independently. Need I remind everyone of the below link

http://eslwatch.info/china-2/scams-or-schemes-in-china/12147-beware-of-agents-recruiters-masquerading-as-esl-tefl-teachers-at-expat-esl-tefl-forums.html#re-7

In fact, Banner 41 is the one misleading people to forfeit their employment rights under the MOST CURRENT CHINESE LABOR LAW. If he is not doing this deliberately (as I suspect) then we can just chalk it up to genuine ignorance of the law. BTW... getting people banned here because they disagree with you will only motivate them to post at other ESL & TEFL forums and message boards about unfair censorship policies here you create with your false flag alerts.

If expat teacher Cole can win two claims against Chinese schools in Chinese courts, and still remain teaching in China, then their is new hope the law can and will be applied favorably if we choose to use it as leverage to enforce our labor law rights.


I know I should walk away but in just good conscience I can't let you continue to spew misinformation, spam links, get banned, change your back story, and do it all over again over and over. It would be a disservice to all of the "newbies" and just plain people tired of seeing your attempts to pull one over on them. So....on this.....I persevere. You want to go junk up another board be my guest.
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Wo Dong



Joined: 02 Sep 2014
Posts: 54

PostPosted: Thu Sep 18, 2014 8:06 am    Post subject: Reply with quote

Banner41 wrote:
Wo Dong wrote:
wangdaning wrote:
To be clear:

1) labor law applies to all
2) immigration has restrictions


Again, if you can give me a link supporting your comments I will share it with my FIL on Sunday and see what his feedback is.

RE: What Mike had to say... Of course you are NOT going to make your case at a police station, but with a claim with the courts and Ministry of Labor and Foreign Affairs if someone tries to fire you for working two jobs.

And to Banner 41... I see from your other past historical posts that you boast about "flagging" people who disagree with you. Grow up and deal with the facts of PUBLISHED LAW that may not be convenient for your recruiting activities as you need teachers to remain loyal to you and not seek work independently. Need I remind everyone of the below link

http://eslwatch.info/china-2/scams-or-schemes-in-china/12147-beware-of-agents-recruiters-masquerading-as-esl-tefl-teachers-at-expat-esl-tefl-forums.html#re-7

In fact, Banner 41 is the one misleading people to forfeit their employment rights under the MOST CURRENT CHINESE LABOR LAW. If he is not doing this deliberately (as I suspect) then we can just chalk it up to genuine ignorance of the law. BTW... getting people banned here because they disagree with you will only motivate them to post at other ESL & TEFL forums and message boards about unfair censorship policies here you create with your false flag alerts.

If expat teacher Cole can win two claims against Chinese schools in Chinese courts, and still remain teaching in China, then their is new hope the law can and will be applied favorably if we choose to use it as leverage to enforce our labor law rights.


I know I should walk away but in just good conscience I can't let you continue to spew misinformation, spam links, get banned, change your back story, and do it all over again over and over. It would be a disservice to all of the "newbies" and just plain people tired of seeing your attempts to pull one over on them. So....on this.....I persevere. You want to go junk up another board be my guest.


Okay Banner, I sense you are sincere and really think you are correct. Please just cite your source with some links. If you have any law student friends at Renda, have them research the law for you. I am 100% confident in my position and believe my FIL knows what he is talking about and the most current labor law amendments are 2012 and 2013. All the SAFEA contract laws were created in 2002.
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The_Kong



Joined: 15 Apr 2014
Posts: 349

PostPosted: Thu Sep 18, 2014 12:36 pm    Post subject: Reply with quote

How about we all just agree to stop feeding this troll and report any posts it makes that spam the same links and garbage again and again?
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Thu Sep 18, 2014 2:03 pm    Post subject: Reply with quote

The_Kong wrote:
How about we all just agree to stop feeding this troll and report any posts it makes that spam the same links and garbage again and again?


I think we should just start talking around them. Wants me to go to renmin uni to study, then asks for links about law? Silly. Moonlighting is the same as is has always been, possible, but try not to get in trouble.
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Banner41



Joined: 04 Jan 2011
Posts: 656
Location: Shanghai

PostPosted: Fri Sep 19, 2014 2:59 am    Post subject: Reply with quote

The_Kong wrote:
How about we all just agree to stop feeding this troll and report any posts it makes that spam the same links and garbage again and again?


Agreed!
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newmansone



Joined: 07 Sep 2014
Posts: 70

PostPosted: Fri Sep 19, 2014 9:54 am    Post subject: Reply with quote

Banner41 wrote:
Misleading people in attempts for them to seek legal help after the mistake from your Father In Law is irresponsible and borders on the criminal.

Flagging.


Where exactly (please document by quote) how such a thing is a criminal act in China?

THAT is the hilarious garbage of the month.
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asiannationmc



Joined: 13 Aug 2014
Posts: 1342

PostPosted: Fri Sep 19, 2014 10:54 am    Post subject: Reply with quote

Quote:
borders on the criminal


Mr. Newmansone, I think you missed the word
Quote:
borders
. If you talk about a characteristic or situation bordering on something, usually something that you consider bad, you mean that it is almost that thing.
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drjtrekker



Joined: 16 Feb 2008
Posts: 251

PostPosted: Fri Sep 19, 2014 10:58 am    Post subject: Reply with quote

YEP....

Last edited by drjtrekker on Sun Sep 21, 2014 1:20 am; edited 1 time in total
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