Job Discussion Forums

[yamahuh]

We just got back from Canada where we were enjoying a (supposedly) paid 4 week vacation. We returned to our small city in Guangxi province to be told yesterday that we weren't going to be paid for the month that we were gone!!
SHOCK!! HORROR!! (Well anywhere else except China perhaps)...
Without writing a novel length entry explaining all the why's and wherefores; suffice to say that the language school we work for has undergone a management change while we have been employed here. Our current employer has not taken the time to familiarise herself with the pertinent details of our contracts and is claiming ignorance as a defence. We should have recognised this potential problem before we left when we were discussing the remaining payment of our plane flight and she told us that our contract was for 12 months when it is only for 11!!
The problem I have is that the contract itself doesn't state 'paid vacation' but I have an e-mail from our original employer stating that it is, in fact, paid @ full rate (I queried it before we agreed to anything).

"Yes" I'm anal; I kept / printed out all relevant correspondence re: the position for the duration of our employment here.
It's paid off a couple of times already.

Anyway, yesterday afternoon I made a copy of the contract and the e-mail and presented them to her as proof that we were operating within the bounds of our agreement by expecting to be paid for our vacation time.
What do you suggest I do if she still refuses to cooperate?? (Bare in mind that I'm supposed to be receiving 13,000RMB @ the end of this month for plane fare reimbursement and don't want to aggravate her TOO much)

Thanks folks.

[bearcanada]

Dear Yamahuh;

I can help a bit, but not much. The change in management (ownership?) of the school clouds the picture. It isn't possible to comment without knowing all the details.

However, it is unusual for promises outside a contract to be legally binding. That's not to say they never are, but ususally a contract specifies that no representations are valid if they are not in the contract. However, I doubt your contract has such a provision, so the issue is left hanging.

I know this is too late, but if you were concerned enough to 'query' the paid vacation, why weren't you concerned enough to have it put into the contract? It's not a trivial amount, after all.

In your position, where you seem to be having some success with the combination of contract and emails, you may be lucky just by insistently pursuing this course. Perhaps you might (but not eagerly - as a last resort only) suggest 75% of the amount as a compromise.

Failing that, and facing an outright refusal to pay anything, the amount is significant enough that you might want to consult a local lawyer - or any other person in authority to whom you have access.

Regards, and Good Luck

[yamahuh]

[Roger]

IT's too difficult to see the forest when you present so many trees.
First: what is the RMB 13'000 for? Airfare for the two of you? If for one only it's an unusually substantial amount!

But here is my question: why didn't you demand it before leaving for your holidays?

Second: are your contract stipulations failsafe indications of your dues and rights? From the wording you employed I would extrapolate that your holidays are not to be expected to earn you income.

And when a change of ownership occurs the new boss cannot be held liable for the wellbeing of those wage earners his predecessor hired. The two of them probably never discussed your contract.

I would suggest you refrain from hiring a lawyer since the outcome of a trial is totally unpredictable (and your own employment situation must be totally above board too!); apart from that you will have to dig very deep in your savings!

[bearcanada]

You must be careful here because you are receiving advice that is plain wrong, I'm sorry to say.

First, a change of management in a school does NOT affect the liabilities of the school to its teachers.

Second, a change of ownership of the school may or may not affect the liabilities, depending on how the purchase was done - if the sale was of a company or only the assets. When a change in ownership occurs, the new boss CAN INDEED be held liable for the contractual provisions of those then on staff, and for all other liabilities of the school.

But you suggested it was only a change in 'management' that occurred, in which case the legal position has not been altered.

Thirdly, only a lawyer in China who is familiar with the laws and circumstances can responsibly advise you on the outcome of a trial and only he can tell you what the cost will be. Certainly the cost for a brief discussion with you and then with the school will not likely make you "dig very deep into your savings" as was suggested.

You must always be careful of listening to legal contractual advice from anyone who is not properly experienced. If this becomes a legal matter, talk to a lawyer, not a teacher.

Regards

[yamahuh]

[benno]

[Babala]

I think that because you don't have it in writing on your contract, you are probably out of luck. Even with the additional e-mail for proof, I doubt it would stand up in court. I wouldn't go and spend the money you do have on a lawyer who will most likely be unable to anything.

[yamahuh]

[rocknroll]

If there was anything in your contract which can prove that you get paid holiday says like " paid service pereiod is from ______ to _______" or something similar then try contacting Foreign Affairs Office.

Most of the times if contract terms are written appropriately or you have some proof then even Foreign Affairs Office ( wai ban) would help.I guess it wouldn't be that much problem to communicate since they speak English. DO NOT GO TO PSB- Public Security Bureau.

I personally wouldn't recommend hiring a lawyer. Disputes would go on and on till you would get your money (RMB 13,000).

[YankeeDoodleDandy]

If your town is large enough, contact the local educational committee.In Anhui, Ihave a friend who worked at EF and he went with a Chinese friend to both groups and they spoke on his behalf, so that he would not be banished from the middle Kingdom. Don't give up!!! NEGOTIATE If their are no other teacher's in you area, play hardball. I wish you the best.

[yamahuh]

OH Happy days!!
Well it looks as though she is going to pay us after all
I spoke to her yesterday and she says that she will pay us for August (in full) next month because of all the 'end of contract expenses' associated with our pay period this month - Flight reimbursement, travel bonus, plus pay for us both.

Whatever. Show me the money!!

I'm not signing an extension until I've got all the $$ I'm owed in my hands; I'll be sure not to make the same mistake again either. That being said I'm sure she would have had no qualms about stiffing us if she thought she could. The fact that we're the only two teachers working for her, new business is coming in and she REALLY can't afford for us to walk probably impacted her decision making process somewhat.