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toiyeuthitmeo
Joined: 21 May 2010 Posts: 213
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Posted: Wed Oct 15, 2014 5:29 am Post subject: Beware! Stay away! HappyTown, Haikou, Hainan |
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https://www.youtube.com/watch?v=VEIiyTxMtUI
Stay away from this school. Owner threatens to have a teacher arrested because she wants to leave China briefly to visit her seriously ill father.
The link above sounds credible, and is a recording of the owner of the school, some kind of expat manager / DOS / AM, and a the teacher with the dying relative.
Owner refuses to grant the teacher leave unless she pays a 10,000RMB "Security deposit" and threatens to have the teacher blacklisted and even arrested.
Expat manager is completely useless and spineless. |
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asiannationmc
Joined: 13 Aug 2014 Posts: 1342
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Posted: Wed Oct 15, 2014 8:56 am Post subject: |
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| I listen to the You Tube 10,000RMB "Security deposit" bit. Did you just find this on the utube or do you know this teacher? Not many views. |
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talentedcrayon
Joined: 19 Mar 2013 Posts: 91
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Posted: Wed Oct 15, 2014 8:56 am Post subject: |
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Wow...
This is a shakedown... It sounds like I am listening to a hostage negotiation. It reminds me of how I was treated in Korea. A lot of emotions are coming back to me as I listen to this.
Personally, I think he is bluffing. He says he has the police "on hold" at one point and he says that she "cannot leave the complex." He contradicts himself constantly, especially concerning the deposit and what it's for and how much he "needs."
Some advice... When in this kind of situation pull a runner. |
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The_Kong
Joined: 15 Apr 2014 Posts: 349
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Posted: Wed Oct 15, 2014 12:03 pm Post subject: |
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Yes, it's about time!
Every time somebody posts a stupidly exaggerated story what do I always say? Post some evidence, any proof whatsoever to back up what your saying.
This audio recording proves that it is not impossible or difficult to do so.
Thanks for sharing and stay the hell away from this place everyone! |
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talentedcrayon
Joined: 19 Mar 2013 Posts: 91
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Posted: Thu Oct 16, 2014 1:01 am Post subject: |
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Does anyone know whether a school can call the police on a teacher over breach of contract? Have a teacher stopped at the airport?
If that's the case... it sure puts teachers in a tough spot. Especially if all the owner of a school has to do is claim you breached the contract. What if the school didn't pay you for 2 months and you decided to leave? Can they call the cops on you for breach of contract?
Basically it means that teachers not only have no legal recourse for breach of contract, but schools have the added leverage of being able to call the police.
If that's true... This may be my first and last year working in China. |
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The_Kong
Joined: 15 Apr 2014 Posts: 349
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Posted: Thu Oct 16, 2014 2:57 am Post subject: |
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| talentedcrayon wrote: |
Does anyone know whether a school can call the police on a teacher over breach of contract? Have a teacher stopped at the airport?
If that's the case... it sure puts teachers in a tough spot. Especially if all the owner of a school has to do is claim you breached the contract. What if the school didn't pay you for 2 months and you decided to leave? Can they call the cops on you for breach of contract?
Basically it means that teachers not only have no legal recourse for breach of contract, but schools have the added leverage of being able to call the police.
If that's true... This may be my first and last year working in China. |
I'm just speculating here but I can't imagine that a breach of contract would be sufficient for a school to block a teacher from leaving the country.
Breach of contract is a civil matter so police don't typically get involved. Even with a pending case I would highly doubt the border police would get involved.
Something different might be if the principal is buddies with some cops and calls them in to intimidate you if he catches wind of you leaving.
It may be different in China, but I know in most areas if you don't show up for your court date (i.e., because you fled the country) for something civil it pretty well means the other person wins the case, and then has to begin another suit to try to track you down and get you to pay.
A school could theoretically track you down (in most places the court in the area where you live has jurisdiction over you and any civil matters you're involved in) and launch a lawsuit for breach of contract in small claims court, but such an endeavor would end up costing them more money then they could win, that's why to my knowledge it's never been done. |
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asiannationmc
Joined: 13 Aug 2014 Posts: 1342
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Posted: Thu Oct 16, 2014 5:52 am Post subject: |
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| Quote: |
| Breach of contract is a civil matter so police don't typically get involved. |
If a civil matter is in process, they can take your passport. If it is a fine involved, incarceration till payment of the fine can be one of the dispositions. Although it is unlikely. |
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talentedcrayon
Joined: 19 Mar 2013 Posts: 91
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Posted: Thu Oct 16, 2014 6:27 am Post subject: |
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This is something I'd like to know more about. I'll see if anyone else knows.
So, does everyone else think the owner was just bluffing? |
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rogerwilco
Joined: 10 Jun 2010 Posts: 1549
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Posted: Thu Oct 16, 2014 6:46 am Post subject: |
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| talentedcrayon wrote: |
So, does everyone else think the owner was just bluffing? |
Lying and bluffing. |
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The_Kong
Joined: 15 Apr 2014 Posts: 349
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Posted: Thu Oct 16, 2014 7:05 am Post subject: |
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| asiannationmc wrote: |
| Quote: |
| Breach of contract is a civil matter so police don't typically get involved. |
If a civil matter is in process, they can take your passport. If it is a fine involved, incarceration till payment of the fine can be one of the dispositions. Although it is unlikely. |
Are you sure about that?
So if I launched a lawsuit against you they would take your passport until the matter was settled?
Wouldn't the ability for dickery be endless? |
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asiannationmc
Joined: 13 Aug 2014 Posts: 1342
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Posted: Thu Oct 16, 2014 7:44 am Post subject: |
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| Quote: |
| So if I launched a lawsuit against you they would take your passport until the matter was settled? |
could
Beijing has pretty much put a stop to this kind of action but it is still possible and may be more prevalent in back water towns and currently is sued in Beijing only when it is a major employer. Also there is the possibility of “Debt Hostages” kidnappings in an effort to collect on a debt which are illegal in China per the written law, but the police often look the other way. |
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davelister
Joined: 15 Jul 2013 Posts: 214
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Posted: Thu Oct 16, 2014 3:28 pm Post subject: |
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| Ah, that well-known Hainan hospitality! |
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talentedcrayon
Joined: 19 Mar 2013 Posts: 91
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Posted: Thu Oct 16, 2014 7:43 pm Post subject: |
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If this is the case...
I would strongly recommend pulling a runner rather than "doing the right thing." You are putting yourself at serious risk by quiting a shady school or taking a leave of absence to visit a dying relative.
Make sure your flight doesn't have much of a layover if you are flying to Beijing or Shanghai from one of the provinces before flying home. This is why weekend flights are the smartest.
Tell no one, especially other FTs, and are already on an airplane by the time classes start.
I have never pulled a runner. Instead, like this woman, I gave notice according to the contract and was quitting for breach of contract (in Korea). I ended up experiencing the same nonsense. The only difference is that I had collected enough evidence of the schools other illegal dealings to make the conversation go very differently. I was paid exactly what I asked for (which for the record was more than fair for the school, I wasn't out to blackmail, just get what I was owed)  |
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litterascriptor
Joined: 17 Jan 2013 Posts: 360
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talentedcrayon
Joined: 19 Mar 2013 Posts: 91
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Posted: Fri Oct 17, 2014 7:55 am Post subject: |
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It seems from reddit that breaking a contract is a criminal matter (especially if the school has connections) and you can be held at the airport... China treats it like theft (according to people on reddit).
According to the threat on reddit she paid the 10000 RMB for breach of contract and was given a letter of release. Apparently Richard (the owner) had been asking for around 20,000 RMB (which is double what the contract states).
I think the owner was a dick, however, it appears he was legally mostly in the right... Pretty crappy still. |
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