Job Discussion Forums

jesse27 · Joined: 02 Oct 2005 Posts: 8 Location: shunde city

Hello all,

I have a concern I was hoping others could help with regarding receiving my last month's salary. I've been at my current school for six months, and my contract will be completed on July 9th. I'm happy with my school, haven't had any serious problems with them, but I don't care for my small village, so I've decided I won't be staying for another year.
When I came to my school, I signed the contract through July 9th, but the resident permit the school obtained for me only runs through June 23rd. This leaves me with three weeks of school that I'm supposed to teach but would be unable to unless my resident permit is extended. Also important to me is my final month's salary, which includes my airfare and travel bonus. Payday at my school is on the fifth of the month (about two weeks after my resident permit expires), so I need to be here to collect my final month's pay. To sum up:

June 23rd--resident permit expires
July 5th--payday
July 9th--contract expires

I noted the discrepancy between my residence permit expiration date and my contract completion date when the school got me my residence permit. At the time, I didn't think much about it: I had just arrived in country, and I had more pressing concerns with getting adjusted to life here. So I decided to put off dealing with the permit until later.
So now it's later, and today I went to the administrator at my school who deals with the foreign teachers. I told her I needed my residence permit extended so I could complete my contract, and asked when the school would be able to do so. She replied with a question: Would I be signing on for another year?
This sent up some red flags. The first thought that came to mind was, if I say that I'm not returning to the school, will they (somehow) find themselves unable to extend my residence permit, and therefore skip out on giving me my last paycheck? I know this sometimes happen to FTs here, and I don't want it to happen to me.
Anyway, the conversation between myself and the administrator was very polite; I said I liked the school but wasn't sure what I wanted to do. The administrator replied that she, in turn, would speak to the principal about getting my residence permit extended.
So that's more info on the situation than I'm sure anyone wanted to hear. I want to leave the school on good terms, but I also want my money. Anyone been here before? Any advice on what to do?

Thanks,
Jesse

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Personally the only reason that I believe leaving a school without notice (a midnight run) is warranted, is if the school is requiring you to work illegally, and has not acted upon your requests to make you legal. In that case I believe that it may sometimes be in your best interests to seek the support of the local authorities.

Now, Jesse27, I am sure that a lot of people here sympathize with your case because a) they have been there themselves and know how it feels; b) they are worried that the same thing could happen to them.

Schools can certainly place foreign teachers in some very bad situations on occasion, but it seems from your account that the school has been good so far and I therefore suggest that you expect that they will continue to do the right thing by you, but of course prepare yourself for the worst. This was you will be prepared either way, but don�t run the risk of doing a runner etc when one wasn�t necessary.

In your case I think that your best position to take is one of not wanting to work illegally. Put your concerns in writing and then you will be reassured that the authorities can help you in the future.

Explain to the school that you want to stay until the end of the contract term as agreed. You will discuss the possibility of negotiating another term at a later date and once the current situation is sorted out. Explain that you legally need a current residence permit for the period of time that you are working for them. This gives them two choices:

1. Obtain an extension or new residence permit to cover you for the extra time;

2. Let you leave the school when the residence permit expires and pay you for the work you have done plus your benefits.

I am sure that they will agree that 1. is better for everyone.

Roger · Joined: 19 Jan 2003 Posts: 9138

IT is impossible to demand one's rights in such a situation; ideally you could tell them "once you have reimbursed me my airfare I am willing to discuss your future FT needs..." - but this simply won't work. They can bend the law to their advantage.

Your options seem to be:
- Get a visa or residency extension (should actually be mandatory for your employer to obtain for you since you signed a contract that ends in July);
- You can offer them to help find a replacement teacher.

Personally, I don't know many employers in Shunde that would break the law in such a case, but I would warn you in particular against Gang'an Training Centre.
They certainly would not hesitate in pocketing your airfare and kicking you out of China before your last day!

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

I agree that it can be a difficult situation and that the outcome pretty much depends upon the will of the school.

If the school continues its current course and looks after the teacher then there should be no problem in securing a positive outcome to the situation outlined above.

If however the school decides to do things their own way regardless of what may be legally and morally the correct thing to do, then the situation does become far more difficult.

I don't really think that there is however any other alternative than attempting to work with the school in seeking the desired outcome. Sometimes a positive attitude can help a lot. Make the request in writing and be sure to keep copies as you may need these later.

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

well, not having a residency permit extend beyond the end of the contract is another case of school incompetence. they should either, as has already been mentioned, extend your permit to the end of contract, or pay you in full when your residency permit expires and let you be on your way. the first option would be best for all so i cant see that theyd be against it.

Voldermort · Joined: 14 Apr 2004 Posts: 597

You should not be thinking of pulling a midnight runner at this point. What you should be doing is telling everybody how nice it would be to go home for a break during the holidays. Give your school the impression that after you finish your contract, you will return to your country to visit your family for a few weeks, tie over a few loose ends, before returning.

Provided they want you for next year, and you don't give them any trouble this year, they will most probably get your visa extended and pay up.

Sinobear · Joined: 24 Aug 2004 Posts: 1269 Location: Purgatory

Trying to find a replacement teacher is a good idea - keep the person's contact details secret until you've got a written guarantee for what has been promised you.
You can always convert your current visa to a tourist visa that will allow you to remain in China until you've been paid.

I would say that your course of action should be based on timely, meaningful dialogue with the school administration. If your gut feeling is that they will renege on the airfare and travel bonus, then you should be prepared to pull up anchor and cut your losses.

As an aside, before signing a contract, FTs should demand that at least the first part of their airfare is reimbursed immediately upon arrival or within the probationary period.

Good luck!

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

ODIN · Joined: 13 Feb 2006 Posts: 14 Location: CHINA

about the midnight runner stuff, if you leave after the contract is finished and you get the cash your not doing a runner you just leaving. As for the FAO not extending the permit, this is not always do to incompetence. They know when the contract ends sometimes this is done on purpose because there is a chance you won't be here to get the cash. Note how the FAO wouldn't really do anything till they got an answer they liked.
Offering the help to get a new teacher is not always cool, that looks to them your not coming back. This has happened to me and i made all the offers to them, i got screwed. Be polite and firm explain the problem has be made from there side not yours, but don't delay keep on there back and get them to answer your questions , and not with questions

Sinobear · Joined: 24 Aug 2004 Posts: 1269 Location: Purgatory

Kev, you'd have to have a visa to have a residence permit.

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

Malsol · Joined: 06 Mar 2006 Posts: 1976 Location: Lanzhou

Duplicate

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

in the case being discussed here, it looks like the school may be planning on holding the end of contract bonuses back unless the teacher is willing to stay.

jesse27, request your residency be extended to cover u till mid july. give the school a few weeks to sort it out. if nothing happens, ask them why. if the answer is unsatisfactory then tell your school that you're going to visit the local foreign affairs office. that should get them moving. and if you're not signing on for another year, so what? they may get in a tiff over what you did, however it was their inaction that precipitated it. dont wait till the last minute for them to sort it out. work out your plan B now.

7969

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

But the visa expires after a certain amount of time (say, 90 days perhaps) and has been replaced by the residence permit. That's all I'm saying - - before, maybe it was somewhat simple to "exchange" a Z visa for a tourist visa, but now that Z visas are converted into residence permits, is it still easy enough to do the same thing? Not trying to hijack this thread, but it might be info that the OP needs to know.