Job Discussion Forums

grfl · Joined: 06 Aug 2015 Posts: 19

I gave two-month's notice according to contract. I was told the two months only applies if they need to find another teacher. If they don't need to find another teacher, they want you to leave right away. The other clause that applies relates to probation. It states that if you are asked to leave during probation period for 'non-compliance', you are given two months to leave. I'm in the probation period, but still was asked to leave right away. Very odd - but par for the course where I am, Zibo Vocational Institute, Zibo, Shandong Province. If I'd know the contract was going to be applied in this way, I would have waited to give notice. LOL This was to be my second year here. Last year was barely tolerable. When we had the teachers' meeting for this year (2015-2016), they wanted me to teach classes with no books. That was the final straw, so I gave notice according to what it appeared the contract required. It would appear, contracts can be just about anything the institutes want it to be.

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

Sad.
This should be a cautionary tale for all newbes.
The only thing that could have made it worse would have been if you were there on a tourist visa.
Be interested to learn what investigation you did before joining the school.

OhBudPowellWhereArtThou · Joined: 02 Jun 2015 Posts: 1168 Location: Since 2003

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

jimpellow · Joined: 12 Oct 2007 Posts: 913

Am I misreading this or were you forced to do a probation period for your second one year contract too? Did that include the reduced salary BS too?

I suppose you could always contact the city FAO or a lawyer for options. Just because you have a signed contract doesn't mean it is legal, even in China, or maybe I should say especially in China.

Nothing haunts one more for the rest of life than knowing the Chinese stuck it to you big time. Best to try to stick it to them back for at least peace of mind...

litterascriptor · Joined: 17 Jan 2013 Posts: 360

My contract has a probationary period built into it, they don't have a different contract for senior teachers, meaning, every time I re-sign, I do a 2 month probationary period.

Doesn't mean much, if they want me gone, all they have to do is ask.

jimpellow · Joined: 12 Oct 2007 Posts: 913

As for the probationary period it would come down to how long it is for. As one of the benefits of the overhaul, those on a z-visa can only be asked to work one month of probation for each year of the contract.

If the probationary period is longer than one month on the latest contract (and technically the one before), the school would be in violation of Chinese law.

This whole clause about having to leave right away after giving two months notice (if they solely determine that it was suits them best) sounds pretty fishy to me and likely illegal. I don't even think two months is the legal requirement.

Overall, it is baffling and completely counter to all logic, you get two months to leave if it is during probation, but possibly right away if past it. I think a lawyer would have a field day with this.

I am certainly no Chinese labor attorney, so lordy knows about the odd way that they are handling this. But generally they write whatever suits them best and know that most teachers will submit.

My last employer in China started playing a contract game by sending out a new contract to the teachers in the field which ultimately amounted to changing summer terms to their benefit. They did it like a page a month so as to not cause rebellion and most of the sheeple fell for it. I of course coming from a family of attorneys and rabble rousers did not sign any of the pages nor return them. Being lazy and disorganized, as I correctly predicted, they failed to see my non-compliance. Hence when summer came and they applied the screw to the teaching staff that they now had to work summers to receive pay, I applied the screw to them and got paid two months salary and was able to take off.

Hence, this is true to the extent that you allow it to be.

"It would appear, contracts can be just about anything the institutes want it to be."

grfl · Joined: 06 Aug 2015 Posts: 19

Hello, everyone. Thank you for interesting comments and feedback. As for due diligence, as someone mentioned, at times it's extremely difficult to find anything about some of these schools.

This school is not honorable. As mentioned, I gave notice according to the two-month's clause in my contract. They told me I 'misunderstood' and that clause only applied if they needed to find another teacher. They say they don't need another teacher so my termination was immediate.

Today I had to sign a document that said the school dismissed me because of noncompliance. If I didn't sign it they wouldn't provide the letter of release for my visa. How very unprofessional. I signed the thing to get the letter of release so I can go to my new position. I hope that this false document will have no long term negative effects.

I'd have stayed here, despite the dirty class rooms with trash everywhere and the unreasonable administration, for the sake of my students that I love very much. But when they asked me to teach classes with no books - again - that was it.

So, for those doing due diligence on this school - Zibo Vocational Institute - be forewarned.

grfl · Joined: 06 Aug 2015 Posts: 19

One more interesting thing. They want me to return the original contract. Huh????

snarf · Joined: 23 Oct 2010 Posts: 22

grfl · Joined: 06 Aug 2015 Posts: 19

Good idea, but I already told them I think I threw it away.

jimpellow · Joined: 12 Oct 2007 Posts: 913

They have to provide a release letter. If they don't, you go to the city FAO. With the new requirements, they can get in a lot of potential trouble for not providing it. As I insinuated before in this thread, they are socking it to you and you are taking it. Sock it to them!

grfl · Joined: 06 Aug 2015 Posts: 19

I'm sorry, what is FAO?

jimpellow · Joined: 12 Oct 2007 Posts: 913

http://www.shanghaiexpat.com/phpbbforum/topic182079.html

A good overview of options and how and how not to pursue them is presented by a poster with some big ones. Remember this school is corrupt and dishonest from what you say. The last thing they want is big brother arriving.

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

Talking to current or former teachers is a part of due diligence. But its 'weighting' is very high.
I would say that if you can't make contact with former teachers for what seems to be a public school should be taken as a 'don't go any further'.
The thing about the notice being only one-sided is about the worst piece of duplicity I've heard in a while.
Only exceeded by my first school. The FAO recorded notes of our discussions about early departure in red. He later maintained that anything in red had no validity. He also said that I had cut many other clauses off the end of the same paper and these gave a very different version of what was agreed.
I had in fact cut the blank end off the sheet so it would fir in my filofax.
That was 2004 and it still bloody rankles!!