Job Discussion Forums

[zhuangzi]

I think my middle school is trying to break its contract with me.

They mistakenly brought over three foreign teachers at once. Well, there are not enough students or classes to give us all a full load, so now they are saying that they are going to "lend" us out to other schools.

Well, they are trying to terminate the original contract and have us sign new ones with the new school -- with neither school paying for the return ticket!

Are they pimping us out and trying to make money off of us?

Are they trying to break their contract without paying a penalty fee by making it look like we HAVE to go to this other school?

They told one teacher who was not smart enough to object that he had to go to Shandong. He stayed there for six months and lived in a converted student shower room under putrid conditions. Come to find out that school wasn't even supposed to have foreign teachers, and all of his documents showed the Beijing address.

Something doesn't feel right about this.

Don't we have to get letters from one place of work and the new place of work and register them at the police station? (Or is that only for Chinese or party members?) If I switch from one job to another, do I, an American, have to register letters from both places with the police department?

And what happens when my visa is up and I want to stay longer? Is that easy or hard to arrange?

I feel like getting out of the public school system altogether! It is run in a very communist fashion where all information flows up and nobody knowns anything until the bus is there at the gate and you're supposed to have your bags packed.

I'm seriously considering taking up a writing or editing position at a local Beijing company.

Can I do that with my Z visa?

Those in the know, please help me!

[tofuman]

Sorry Dude, but you are getting "noodled."

I'm not sure what the best course is, but definitely do not sign another contract. I doubt that they will ever admit that they are breaking the original contract.


Let's see what the old hands suggest

[burnsie]

What does the termination clause say in your contract?

There is nothing wrong with pimping. But what you are describing is not pimping, as they have too many teachers they are getting rid of you.

Disagree vigously (especially with the return ticket) otherwise I would jump ship and go for the editing company and then do some extra tuition on the side (pimp yourself out ). It is quite easy to get part-time work teaching in Beijing.

[Roger]

Do you have a work visa? So, you signed a contract, which stipulates your contracted length and your rights as well as your duties.
This contract is legally binding until its expiry.

Which doesn't mean they cannot break it - but you can at least try to force their hand.

You most definitely are not supposed to be shunted around the country, least of all across provincial boundaries.

If you have a work visa you must have undergone a medical examination.

Ask them to see their permits to hire FTs - one from the Education Bureau, the other from the Labour Bureau.

I doubt you are legal, but then again, some of your allegations sound as though you were legal. Anyway, to switch jobs you will need a release letter; under no circumstances are you allowed to use up your current work visa while holding down a job in another company.

If they hired you legally, then you can at least try to get that release letter and some compensation, and then ask your new employer to apply fora new work visa.

[journeyeast]

Is your Z visa with the school or with a company?
you have leverage in either situation.. Applying pressure to the company who will in turn apply pressure to the letch at the school who is trying to reduce their overhead by shafting you..

Frankly, in this situation I'd release the hounds of war upon your school. If they have nothing and no way to claim you breached your contract, then I would find a ways to illustrate how they have broken theirs.. There has got to be a clear escape clause in your contract right?

Frankly, notify them in writing, if possible, have a chinese assistant get a formal chop on the letter and send it visa registered mail.. This way, you can prove that you have properly notified the school you feel they have made a breach, and you will not accept it.. That they are liable top pay you breach fees in the event they improperly remove you from emplyment..

This way, you are covered.. It is the beginning of the battle however.. and you have to ask yourself how far you really want to take it, do you need the aggrivation or the breach fees?

"Pimping" you around is legal, if they have the appropriate permissions, they can lease their permission to other schools and make both a lease fee and commission from your teaching..

Good luck..

[The Great Wall of Whiner]

zhuangzi wrote:

[Mugato]

just to clarify: pimping out is NOT legal in china. your residence permit states where you are legally allowed to work and your permit/visa is limited to one place. however, many schools have 'leases' or 'agreements' which basically means that they do this anyway and it probably involves 'fees' being payed to the local PSB-if you understand what i mean. it's still officially illegal but as long as the people involved pay the right 'fees' to the right people you should be fine.

however, the PSB does occasionally crack down on people breaching their work-visa. i've just heard from a university-teacher who was caught teaching at a private training school on weekends. the PSB fined his university RMB40,000 and his school layed the costs on him. it's the kind of thing that keeps people on their toes and makes sure that those 'fees' keep coming in!

my advice-don't sign any additional contract and play hardball. once you get sucked into all that pimping-crap you are their bitch and will get screwed over and over again. forgive the pun, but it's very apt!!!

good luck-i hope you won't need it!!!

[journeyeast]

411: " Pimping.. " In the context of this situation, this school, (Your School) is not legal if your Z visa, and residence permit isnt already established.

However, as a point of interest - if this were another situation whereby the contract and employment was legal between school A and Teacher.. School A can absolutely lease both its license to host foreign teachers and their foreign teacher to school B; so long as the name of the school that has the legal ability to host foreign teachers name (school A) is used in the advertising of the school program or classroom..

This is pretty much how Zhejiang University and Hangzhou University of Commerce operates their summer programs across China at middle schools that have never hosted a foreign teacher before. They charge a 10% of the profit fee for the lease of their license..

Its also easier for universities.. Because a university is not required to get the special permission to host foreign teachers, it should automatically be in the school charter as a university. (NOT TALKING ABOUT A COLLEGE OR TEACHING COLLEGE! THOSE ARE DIFFERENT AND THEY ARE REQUIRED TO APPLY FOR THE PERMISSION SEPARATELY)

[Roger]

[nolefan]

I'd say that it's time to go and get to know your local foreign affairs office. While it might not lead to much, it is their job to assist foreigners with these issues.
Also, stop by you local police station and chat with the one or two guys that speak english there about the situation... Again, this might not help much but it will provide significant leverage. Don't forget to casually mention to your dean or boss that you'll be meeting those folks. There is a 20,000 RMB fine for illegaly employing a foreigner.

[Mugato]

hey zhuangzi-

any news in the meanwhile? or have you flown the coop? do let us know how you've fared!?

M