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Closing Down an Illegal School in Shenzhen!
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cujosux



Joined: 25 May 2005
Posts: 18

PostPosted: Sun Nov 27, 2005 11:45 am    Post subject: Closing Down an Illegal School in Shenzhen! Reply with quote

I have been cheated out of a month's salary by an unlicensed school in Shenzhen。 Any options? Can I report them and get them closed down without repercussions to me? I am on a tourist visa and they never got me the Z visa. I have my own apartment so that is not an issue.

Who do I call? Does anyone have any experiences with this kind of situation?
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Spiderman Too



Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

PostPosted: Sun Nov 27, 2005 12:52 pm    Post subject: Reply with quote

I'm no expert but I think you'll find that because you were working on a tourist visa, you have absolutely no recourse whatsoever. In fact, if you draw attention to yourself with the authorities, you run the risk of being prosecuted.

A story told to me by another foreign teacher which may give you an idea or two;

He had a full-time position at a university but was teaching only 14 classes per week, so he had a lot of free time. He agreed to teach classes at a private language school for a certain hourly rate. He already had a Foreigners Residence Permit and a Foreign Experts Certificate with the university (+ accommodation, airfares, etc) and consequently he did not sign any contract with the language school; he simply agreed to teach classes for an hourly rate.

At the end of the third month his pay was late. He was given excuses about funds needing to be transferred from one bank account to another. One week later the school told him that they had insufficient funds to pay his salary (which he did not believe).

He told that school that, as it happened, one of his lessons during the preceding month had strayed onto the subject of the internet and e-mails and all of his students have given him their e-mail addresses. He told the school that he would write to each student and tell them that the school would not pay him his salary because it had no money. The following day the school managed to 'find' sufficient funds to pay him.
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cujosux



Joined: 25 May 2005
Posts: 18

PostPosted: Sun Nov 27, 2005 1:03 pm    Post subject: good idea Reply with quote

Thanks for the idea, but since this school is illegal and not properly licesenced to hire foreigners doesn't that give me a little more leeway? Shouldn't they be more worried then I?
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Sun Nov 27, 2005 3:52 pm    Post subject: Re: good idea Reply with quote

cujosux wrote:
Thanks for the idea, but since this school is illegal and not properly licesenced to hire foreigners doesn't that give me a little more leeway? Shouldn't they be more worried then I?


Your question is rhetorical, young man, and doesn't need an answer. Who should they be afraid of, why should they fear you???

If they are operating above the law who cares? Not the PSB! And if a foreign national reports something like this it quickly becomes a "domestic issue and foreigners have no right to meddle in Chinese affairs..."
In a worst-case scenario you would have to do a bit of convincing the PSB that you were in fact believing they were going to obtain for you a work visa - which you can hardly prove. In such a dire strait, you have perfectly zero room. You could be deported and fined for working illegally. The fact that you have a flat is further proof that you do not care about the law in this country.
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cujosux



Joined: 25 May 2005
Posts: 18

PostPosted: Sun Nov 27, 2005 5:56 pm    Post subject: according to Roger Reply with quote

Let me be more precise: This is a small school, with no guanxi, that has been in operation less then a year. Does Roger mean to say that they are above the law in Shenzhen?

Or is the point that I will get in more trouble then they?

All I am looking for is whether or not if I call the local education bureau or PSB or the SZ gov't hotline and say that I am owed wages from an unregistered and illegal school would I get in more trouble then they?

Would it be better from me to forget about the cash and have my girlfriend pose as a disgruntled former student or me as an anoyomous tipster purely for revenge's sake.

In your opinions would this type of small, new, illegal school get in trouble? Or should I just take it and shut up?
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brsmith15



Joined: 12 May 2003
Posts: 1142
Location: New Hampshire USA

PostPosted: Sun Nov 27, 2005 9:22 pm    Post subject: Reply with quote

I think the latter course is your best bet. You just never know what'll happen if you report them. Best to list their name here ane move on.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Sun Nov 27, 2005 11:35 pm    Post subject: Reply with quote

My question is, did you know they were an unlicensed school when you were working there? Did you know you are not "supposed" to work on a tourist's visa in China (of course, many do for summer camps - but that is a wholly different situation than what you are describing)? How is it you came to this school/job instead of one with a little more background - maybe other FTs? Were there other FTs at this school? If so, what are their plans for retribution, if any?

I think you are screwed bud. I think in Shenzen there are plenty of legitimate language schools that you can probably find a job. At least to tide you over until school's start hiring again in January(?) for the spring semester. Good luck!
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Mon Nov 28, 2005 5:05 am    Post subject: Reply with quote

You may want to take a look at this old thread: www.eslcafe.com/forums/job/viewtopic.php?t=26538

cujosux wrote:
Let me be more precise: This is a small school, with no guanxi, that has been in operation less then a year. Does Roger mean to say that they are above the law in Shenzhen?

Or is the point that I will get in more trouble then they?


No, the employer is NOT above the law. They are equally guilty of breaking the law for hiring foreigners without the proper license. Yes, you WILL be in a lot more trouble than they would be. Basically, if you are working illegally in China, i.e. with a L visa, you have NO legal rights. After all, as far as the PSB is concerned, you are a law-breaking foreigner so you should be worried about your own rear end first. Even if you were to eventually find an employer that is legally allowed to hire FT's to get you a RPF and FEC, you should still think twice before considering legal actions against this illegal employer because you WERE working illegally (no matter who the employer was).

Quote:
All I am looking for is whether or not if I call the local education bureau or PSB or the SZ gov't hotline and say that I am owed wages from an unregistered and illegal school would I get in more trouble then they?


Let's think about this. You tell the PSB, SAFEA, or whoever and reveal the fact that you were working illegally. The school will be fined financially for hiring a foreigner illegally, and you will be fined for working without a work permit (the FEC) PLUS bieng deported and you can never work in the city/province again because your name and your passport number will be entered into the PSB computer. So the next time an employer tries to sponsor you for a Z visa to work in that province, the system will say that you were deported from the province for breaking the law. Still want to proceed? If I were you, I'd bite the bullet and move to greener pastures.


Last edited by tw on Mon Nov 28, 2005 12:16 pm; edited 1 time in total
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Mon Nov 28, 2005 5:26 am    Post subject: Reply with quote

Ah come on, what's the point of offering advice to cujosucks? One more little guy driven by spite, venom and vindictiveness! He fails to see how insignficant he is in China's macrocosmos!
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vikdk



Joined: 25 Jun 2003
Posts: 1676

PostPosted: Mon Nov 28, 2005 6:22 am    Post subject: Reply with quote

more offensive Roger - don't worry cojosuck's - if he can work in China there must be hope for you
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Mon Nov 28, 2005 11:14 am    Post subject: Reply with quote

Yes, I work, but I am not sure there is any hope for people of your, Vikdk's description in this country: you are too modest with your aspirations to be a one-man cottage industry working out from your illegally rented premises.
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cujosux



Joined: 25 May 2005
Posts: 18

PostPosted: Mon Nov 28, 2005 11:32 am    Post subject: Roger is an idiot Reply with quote

Thanks everybody (except lonely, loser Roger)

A further point; what if I report this school anonomously? Or have my girlfriend pretend to be a disgruntled former student or have a current student whom I have a good relationship with call and complain about this school operating illegally?
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Spiderman Too



Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

PostPosted: Mon Nov 28, 2005 11:55 am    Post subject: Reply with quote

Are there any other foreign teachers at the school? If there are, would you risk causing them harm so you can get even?

Another story I heard, but this one from Thailand, was about a disgruntled ex-employee foreign teacher who had his Thai wife go to the immigration police and report a school for employing foreigners without work permits.

The immigration police raided the school and at the time of their raid there was one foreign teacher on duty; a UK lady who had been in Thailand only one month. She was fined 4,000 baht (about 800 RMB) and was deported after spending 2 nights in a crowded holding cell at the immigration police office. The school was fined 50,000 baht (about 10,000 RMB).

This story was actually on the ajarn.com forum about 3, maybe 4, years ago.
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Mon Nov 28, 2005 1:52 pm    Post subject: Reply with quote

Roger, I hate to nitpick when everyone else is dumping on you, but I had to take exception:
Quote:
Your question is rhetorical, young man, and doesn't need an answer

On the contrary, I thought the question honest, and it seems other people did as well. You and I and a million or more others have had the experience, (some of us the painful experience) let's assume cujobites is actually hoping to learn something from us.
Now as for the answer you gave, I can't find a thing to fault.
Quote:
If they are operating above the law who cares? Not the PSB! And if a foreign national reports something like this it quickly becomes a "domestic issue and foreigners have no right to meddle in Chinese affairs..."
I was thinking in almost exactly the same language.
My own experience a few years ago was similar. I was told flat out that because I didn't get the Z and the FEC, I couldn't touch my former employer. That employer defrauded me to the tune of over 10,000 rmb, and it hurt. I'll never see it. The ironic thing was that I turned down a higher paying job elsewhere because this one promised he had connections and could get me the FEC etc with no difficulties. <sigh> After he mislaid my transcripts, I ended up returning to N America to get copies of my degree and certificates. He still couldn't get me the FEC. Funny, but my next employer had no trouble getting it for me. The moral? You're the guestworker here, you don't have any rights. SAFEA and the PSB wouldn't urinate on you if you were on fire.
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erinyes



Joined: 02 Oct 2005
Posts: 272
Location: GuangDong, GaoZhou

PostPosted: Mon Nov 28, 2005 3:16 pm    Post subject: Reply with quote

Do you have any expat friends in SZ?

You could ask them to tell the PSB for you.

The idea about informing the students is a great idea.

Maybe you could poster the area with the names and faces of the people who you worked for, with some choice words written in Chinese... actually, that's a crazy idea.
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