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Breaches of 'unofficial?' contracts, can we leave? pls read.

 
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evula



Joined: 29 Jun 2005
Posts: 4
Location: hebei

PostPosted: Sat Aug 06, 2005 4:14 am    Post subject: Breaches of 'unofficial?' contracts, can we leave? pls read. Reply with quote

My partner and I have been working for our employer for four hellish months now, they have failed to pay us by the date stated in our contracts continuously and we have sent them 'NOB's (notice of breach). But they always pay us within the ten days given in the contract to correct the problem.
We have only just now learnt that the school they have sent us to work at a school that does not have a licence to employ foreign teachers. Our company has faked a contract with another school that has a licence, and that is the contract that the authorities have. This was done without our consent, or even our knowlege. So the contract the authorites have is completely different from the one we have with our employer. There have been many other instances of breaches on our employers behalf that are not so important to this post.
Now our employer has just fired our only co-worker on the basis that his contract was not valid as it wasnt stamped by the company we work for. We have the exact same contract as our co-worker did, no stamp.
We want to leave our employer and work for a respectable school, but I dont think the company will want to let us go. The fact is we will leave wether they like it or not.
My questions are:
Given we hand in our working permits, experts cards etc and get the according paper work (I'm still wondering how we can do this given we dont even know what school we are 'officialy' contracted to according to the goverment). Will we be able to leave the company and find another employer without major complications?
Remebering that our contracts are not stamped what can the company do, or try to do to us?
Another question is what problems might we have with gaining employment at another school given we dont have a letter of release?
Well that's about all for the moment.
ANY help that ANYONE can give us would be greatly appreciated and a big thank you in advance for any replies.
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Mideatoo



Joined: 19 Jul 2005
Posts: 424
Location: ...IF YOU SAY SO...

PostPosted: Sat Aug 06, 2005 5:29 am    Post subject: Re: Breaches of 'unofficial?' contracts, can we leave? pls r Reply with quote

No big news here and welcome to China I guess........
Basically, if the other school wants you, they will have you!
The semester being over, I do not understand why are you bound by a contract? Unless it is a summer camp........

PS -
evula wrote:
Given we hand in our working permits....
The stamp thing is irrelevant. Your big problem here is that your official papers are missing......asssuming you do not have your papers or is it a conditional? Let say I am not reading you right;
paying you 10 days within one of the contract's clauses is not a breach at all, actually it is a part of your contract.....

Check the school address on your contract, have the Chinese contract translated. DO NOT WORRY - No one will be deported or else.
Are you in a "village" or in a large town? Is the PSB around?
Go there, they speak English... and other languages... Be cool and relax, dress well, explain your case to someone from within the PSB.
THEY WILL HELP YOU, show them your contract, and show them your letter of invitation from the other school, you will be in good shape.

Now wait for Roger's feedbacks�
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evula



Joined: 29 Jun 2005
Posts: 4
Location: hebei

PostPosted: Sat Aug 06, 2005 10:42 am    Post subject: Reply with quote

Thanks for the welcome. We've been here two and a half years, but yeh, I guess it was going to catch up with us eventually.

We started our new contracts in April, so that's why we're still bound to them. Given we hand in our working permits etc was a hypothetical and my mistake, I meant the foreign expert cards. Sorry, and yep, we have them.
We are in a small town, but not too far from a PSB. We went there to get our FEC and I think I know where it is enough to get there on my own. I just hope I dont confuse them *smirks* We have a contract with the company in Beijing, The PSB have a contract for us working in another city, and we work in a different city to the ones mentioned in both the contracts.

Ok, I have to run, the kids have convinced me to play basketball with them this afternoon. Thanks muchly for the advice!!! I feel strange being the one taking it rather than giving it which is usually the case it seems.
Guess I'll wait for Roger to post something.
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Mideatoo



Joined: 19 Jul 2005
Posts: 424
Location: ...IF YOU SAY SO...

PostPosted: Mon Aug 08, 2005 7:44 am    Post subject: Reply with quote

You are welcome!
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