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Breaking a contract
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Slim Pickens



Joined: 25 Nov 2003
Posts: 299

PostPosted: Thu Aug 05, 2004 6:00 am    Post subject: Reply with quote

X

Last edited by Slim Pickens on Wed Nov 02, 2005 1:44 pm; edited 1 time in total
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Norman Bethune



Joined: 19 Apr 2004
Posts: 731

PostPosted: Thu Aug 05, 2004 9:56 am    Post subject: Reply with quote

I had missed this thread. I posted something in the other form you posted about your problem, and posted too late.

I learned the hard way that dealing with the Canadian Cosulate staff in China is a nightmare. Remember, not everyone who works for Canada's embassy is a Canadian. Many are Chinese nationals without any connection to Canada other than being able to speak french and english and knowing that Ottawa is the Capital.

Did you talk to a local Chinese Staff member, or someone who is actually employed by Foreign Affairs Canada and is A Canadian? It can make a difference.

The local staff are Chinese. They just parrot infromation they are told to give out. You have to make sure you talk to a real live Canadian laowai there to get any action.


E-mail your MP. Email your MLA or MPP. Have someone in Canada phone these reps to tell of your plight. Only when the lazy people at the Canadian Consulate have to deal with inquiries from HQ back in Canada do they get off their fat taxpayer funded butts to do anything.
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Stosskraft



Joined: 12 Apr 2004
Posts: 252
Location: Japan

PostPosted: Thu Aug 05, 2004 10:55 am    Post subject: Reply with quote

Thanks for all the great advice.

It seems that my headmaster has calmed down a bit today. I had some faxes sent from Canada showing him that I do have a legal matters in Canada that I must attend to fairly quickly and he seemed to calm a bit.

He agreed to release me for only a 2500 RBM "termination charge" that I said was Ok. Now I am having some money sent to me from Canada via wire transfer, but I am unable to access it without my passport. Now he realizes that I must have my passport in order to pay him. Now I did do the medical exam last week so I tend to believe that the passport is at the PSB in Shenyang. Supposedly I will have it in one week (from the 4th) and I hope to be out of here by the 12 or 13th.

I am still waiting for a reply from the Embassy and I will post it when I receive it.

Now I see 2 possible choices:

1. Get the passport, pay the charge and leave.
2. Get the passport, slap the Headmaster, save the 2500rmb and try to leave anyway.

mmmm.....1 week to decide. Number 2 defiantly sound the best, but I really hope this story about being held up at customs is false as I don't wish to stay any longer than I need to.

Which one would you choose ?

Thanks again for the advice.
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Lee_Odden



Joined: 22 Apr 2004
Posts: 172

PostPosted: Sun Aug 08, 2004 6:51 am    Post subject: Reply with quote

Stosskraft wrote:


Now I see 2 possible choices:

1. Get the passport, pay the charge and leave.
2. Get the passport, slap the Headmaster, save the 2500rmb and try to leave anyway.

mmmm.....1 week to decide. Number 2 defiantly sound the best, but I really hope this story about being held up at customs is false as I don't wish to stay any longer than I need to.

Which one would you choose ?

Thanks again for the advice.


According to the Canadian Consulate, you will only be detained if you are currently "under investigation by authorities." I seriously doubt your boss has filed a formal complaint with the PSB (especially, since, if I understood you, you were working with a F-Visa for a while). And if you were formally under investigation, I think you would know it.

The letter of release is only necessary to work within the same province. If you are not particularly interested in returning to Shenyang, then I wouldn't worry about it. I would just leave the country with my passport and Visa in hand.

I don't know if this is coming out of Beijing or not, but it seems that the FAOs of prospective schools are now requesting a formal letter of recommendation from the current or last school on that school's letterhead with a stamp. This may be a way of discouraging prospective schools from hiring those who have done runners or who have failed to complete their contracts. (Although, like anything else in China, if the new school wants you badly enough, they find ways around this.)

If you decide to return to China to teach, I would exclude any reference to your current school and Laioning province may no longer be an option in the future.

It's reports such as yours that reinforce the tendency to "just run." At my current school, every time an employee has tried to do the right thing, when they needed to leave early, they have been royally screwed.
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Sun Aug 08, 2004 12:54 pm    Post subject: Reply with quote

I'm not surprised by the Canadian Consulate's unhelpful actions here, but I'm definitely upset. I've read many stories of others who've also been brushed off by them. I have a few stories of my own too. While nearly losing my passport during Spring Festival, I approached them with a police report, they said I had to deal with the police directly. Thankfully, I found the passport later and it wasn't lost. Finally, before the recent elections, I phoned the Shanghai office a half-dozen times for how to vote, and nobody returned my messages. Eventually I went there in person, and, at the time, it was a 2 hour commute from the suburbs.

As a result of all this, I didn't renew my registration with them. I figure it makes no difference anyway. They only contacted me once during SARS while my Irish friends got dinner invitations every month from their Consulate.

Quote:
1. Get the passport, pay the charge and leave.
2. Get the passport, slap the Headmaster, save the 2500rmb and try to leave anyway.


This is up to you, but I'd suggest you thoroughly look the passport over before leaving China. Make sure you have a valid visa in there that hasn't expired.

Good luck!

Steve
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Stosskraft



Joined: 12 Apr 2004
Posts: 252
Location: Japan

PostPosted: Sun Aug 15, 2004 2:45 am    Post subject: Reply with quote

Here is the latest news.

My headmaster got my passport back from Shenyang a couple days with the new working Visa.
Yesterday I approached him and said " I need to get some money from the bank that has been wired to me (MoneyGram..anyone ever use this ?)"
he said " I will go with you ". I replied "no, I am going to go with my friend who helped me set this up during the week"
"well I am not giving you the passport unless you pay me 4000rmb"...exact words.

His justification for this is I need to pay my "contract termination" charge and he is holding my passport until I pay this. Well I explained to him that the passport is not his to hold, and I am still teaching all my classes !!! Where is the breach of contract if I am teaching and fulfilling my duties? Obviously this is just straight extortion and he just laughed in my face when I told him I will contact the Canadian Embassy in Beijing.

Now I tried going to the PSB but they are closed on the weekend, so I will go on Monday.

My Chinese friends do not think going to the police is a good idea. They fear he may be "in good with them".

Since the last discussion with him (yesterday) I have refused to teach any more classes until I have my passport back.

I will try calling the Embassy again on Monday, but they seen next to useless considering that it is their passport being held.

A friend suggested that whenever I have any dealings with the Headmaster I should have several friends around to act as witnesses. I am afraid if I do pay the money, he may say it never happened and may still hold the passport.

On top of this I still have an emergency in Canada that I have to attend to, and I haven't had the heart to tell my parents why I am really not home yet. This my sound childish, but I can't think of anything else short of physically taking the passport (I know where he keeps it). But I have been warned that physical violence towards someone here can get me into more trouble even if I am taking something back that belongs to me, especially if he s "in good" with the police.

Any suggestions ?

Completely stuck in China
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Sun Aug 15, 2004 3:00 am    Post subject: .... Reply with quote

if you get a replacement passport in lieu of one that has been "stolen" of course your embassy knows that you need a replacement chinese visa/entry stamp to get out of the country and they'll tell you how to obtain this. clearly, some people here have very limited knowledge of passport issues.

no surprise that your Z visa took this long. my last school took two months to get the Z visa. only by insisting on a regular basis did i get it. if you're still working and can't get your passport back, you need to talk to this headmaster's supervisor. failing that, i guess all you cna do is call the embassy and tell them someone has your passport and won't hand it back.

clearly yhou can't work for this individual any longer, the relationship has been irreparably poisoned now. get the passport back and then just leave when you have a couple of days off consecutive and noone will miss you right away.

good luck.
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Sun Aug 15, 2004 4:54 am    Post subject: Reply with quote

I want to comment on two issues:

Quote:
"well I am not giving you the passport unless you pay me 4000rmb"...exact words.


Quote:
My Chinese friends do not think going to the police is a good idea. They fear he may be "in good with them".


If the boss is brazen enough to hold your passport hostage and scoffs at your idea of calling the Embassy, he probably does have guanxi at the PSB. Now *we* know that asking Canadian officials for help is totally useless, but the Chinese usually have a different view. If I mention the word 'Embassy' or 'Consulate' to a PSB officer, for example, like when I almost lost my passport, they become quite helpful. So the police are an option, but I'd agree that you should be careful about this. Definitely bring witnesses along.

Quote:
On top of this I still have an emergency in Canada that I have to attend to, and I haven't had the heart to tell my parents why I am really not home yet.


Emergencies happen alright, and I had one last year so I can understand. Your case is legit, however a lot of teachers still think of China as a temporary stay 'abroad' when they will be going 'home' sometime soon. In other words, they have many ties in their country or origin, and are quickly willing to return if something goes awry.

I suggest that for new teachers coming to China, realize that this is halfway around the world and, for all intents and purposes, beginning a new life. You don't just hop on a plane and come back, like taking a bus or train. So be prepared to give up a lot of committments back home, in other words.

Steve
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Stosskraft



Joined: 12 Apr 2004
Posts: 252
Location: Japan

PostPosted: Sun Aug 15, 2004 6:23 am    Post subject: Reply with quote

Hey struelle,

I will let you know what happens tomorrow at the PSB. I totally agree with you point about taking care of commitments back home before coming to Asia. But unfortunately this situation is not one I could have prepared for ahead of time.

Before leaving Canada, some of the steps I did take were;

1. Paid off all debts and all my credit cards. This added about 6 months to my departure date but I find much more comforting not having to worry about paying credit card or other debts from China.

2. Opened a joint account with my brother, so if an emergency arises, someone I trust can get to my money. I used PC banking that has no service charges, so I don't have to worry about the scum-sucking banks taking "service charges" when I am not using my accounts.

3. Made several copies of passport, drivers license and birth certificate and left them with family members.

Not really sure what this has to with my OP, but hey.. I have a lot of free time so this is better than ranting.

PS Am I allowed to name the school and the headmaster on this board ? I know they are going to be trying to recruiting soon and I would like to warn people about this school.


Sad
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denver



Joined: 26 Jul 2004
Posts: 76
Location: PANAMA

PostPosted: Sun Aug 15, 2004 6:30 am    Post subject: witnesses Reply with quote

Stosskraft wrote:
Here is the latest news.

A friend suggested that whenever I have any dealings with the Headmaster I should have several friends around to act as witnesses. I am afraid if I do pay the money, he may say it never happened and may still hold the passport.

Any suggestions ?

Completely stuck in China


As for witnesses...

Nothing better than a camera man shooting the whole thing !!!!
You can then use the stuff in court and show it to your grandkids back home.


Last edited by denver on Tue Nov 16, 2004 6:17 pm; edited 1 time in total
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denver



Joined: 26 Jul 2004
Posts: 76
Location: PANAMA

PostPosted: Sun Aug 15, 2004 6:42 am    Post subject: Reply with quote

Stosskraft wrote:
PS Am I allowed to name the school and the headmaster on this board ? I know they are going to be trying to recruiting soon and I would like to warn people about this school.


Sad


Dear stosskraft

By all means, mention the name of the school, headmaster and the agency if any. We could all learn something.

Besides posting here, you can also post on Nate's China School Review.
http://www.chinaschoolreview.com

We would all appreciate your input.
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Sun Aug 15, 2004 7:02 am    Post subject: Reply with quote

The brazenness of this slave driver of Stosskraft does surprise me though such incidents are reported once in a while. Anyway, it teaches us to be more caareful in who we accept as our overlords.
We should never trust their word. In fact, we should insist on getting RECEIPT when they take our passport!

Apart from that, I cannot offer any advice; I hope Steve's suggestion of impressing him by saying you will contact the Canadians will work for you!
A passport is not your personal PROPERTY - it still is government property; somehow the CHinese do respect this sometimes.
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lagerlout2006



Joined: 17 Sep 2003
Posts: 985

PostPosted: Mon Aug 16, 2004 3:29 pm    Post subject: Reply with quote

I hope you aren't considering getting a replacement passport and going home? Along with letting this guy get away with it you would also cause yourself trouble...What if it happened again....Losing a passport is a big deal. It doesn't matter how it was lost or stolen---YOU messed up and lost it. That is how bureaucrats look at it.

You could report it stolen giving the # and address of the guy..People talk about guanxi I don't buy. It doesn't give them license to steal passports. Maybe I'm naive...Anyway you must be owed cash for classes---will he hold that also???
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Mon Aug 16, 2004 3:45 pm    Post subject: Reply with quote

Quote:
I will let you know what happens tomorrow at the PSB.


I'm waiting with baited breath Smile

My advice though, is to proceed very, very, carefully. Your boss is quite 'switched on' here, and is definitely covering his bases. Are you covering yours?

For example, he offered to go with you to pick up the money because he anticipated that you could have run off with the passport (maybe he reads Dave's?). Your reply to go without him strengthened his suspicion. Moreover, you literally told him you'd run away with your latest move to stop teaching until getting back the passport. Fair? I think so. You're in the right - he's holding your passport illegally. But effective? Hardly. Now he knows your intentions, which makes things that more difficult.

It's really tough, but there still must be options left. I think the key is to have the PSB and Embassy deal with each other directly, without going through your employer. Possibly arrange a replacement passport if it comes to that.

Now this would be really sneaky, but is there a way to 'snatch' the passport from his office? Perhaps with someone else's help? Create a diversion? Nah, this is really bad advice, and you didn't hear it from me Wink

Steve
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Slim Pickens



Joined: 25 Nov 2003
Posts: 299

PostPosted: Tue Aug 17, 2004 12:00 am    Post subject: Reply with quote

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Last edited by Slim Pickens on Wed Nov 02, 2005 1:49 pm; edited 1 time in total
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