Job Discussion Forums

vive_le_rock · Joined: 24 Oct 2005 Posts: 8

I'm considering getting the SAFEA/Foreign Experts Bureau onto my school for non-payment of bonuses I think I'm entitled to.

I was just wandering if getting them involved is going to be a complete waste of time and energy or if might actually get me somewhere?

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

You "think" or you "know"? Is it written in that all-important document known as a contract (okay, okay, we all know it's akin to toilet paper) or is it something verbal you were told at the beginning of your tour of duty? Make sure you have copies of emails, copies of your contract, fellow FTs to act as witnesses to verify your claims, and jot down approximate dates on when you've been told certain things and by whom. Oh, and make sure your lawyer (if you'll hire one) speaks really, REALLY good English as well as Chinese. You might bring an extra bi-lingual friend along who can insure your lawyer is translating accurately.

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

A "bonus" is a discretionary amount added to the contracted salary if the employer is satisfied with job performance.

A "bonus" is not an entitlement per se, not a contractual right giving rise to suit unless stated as earned upon certain conditions.

Good luck!

Paul Barufaldi · Joined: 09 Apr 2004 Posts: 271 Location: Beijing

You should have signed a standard contract for the FEB, a requirement to get your FEC. If the school violated that contract, you can make a complaint to them, even get a lawyer to expedite it -or apply pressure directly to the school to buck up the money. Otherwise, I think you'd be better off warning everyone through a posting or two here *specifically* how they cheated you. Then suck it up and move on.

If you do get somewhere with your legal action, though, come back and tell us all about it:)

OGFT · Joined: 24 Jun 2006 Posts: 432

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

Malsol:

" ... unless stated as earned upon certain conditions. "

You must have overlooked that.

OGFT · Joined: 24 Jun 2006 Posts: 432

Bonuses and gratuities are considered earnings by the Chinese goverment and are taxed as income, since these amounts are clearly arising out of employment.

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

OGFT · Joined: 24 Jun 2006 Posts: 432

malsol, no one is arguing with you...try not to take this board so personal..it is for information and not scoring points on the who is right and who is bullsh*t.

Check with the tax office and they will inform you that all income (bonus) arrived at from employment is taxable. (You should however have Chinese language skills or someone who can provide them as most tax offices have no English service)

Housing is a considered a benifit and is not taxable.

Besides isnt this just a forum to provide direction instead of dishing out insults designed to show how "smart" you are. I am always glad to have additional knowledge and if you can provide that additonal knowledge it will be a benifit for all who read this board. I applaud your interest in this matter and hope that your post provide insite to the daily encounters we experience in China.

vive_le_rock · Joined: 24 Oct 2005 Posts: 8

I've a release letter from the school stating that they approached me to terminate my contract before completion due to 'differences in educational concepts' and that I showed no contest. Essentially they put me in what I thought was an impossible teaching position and I found it impossible to deliver what they expected.

I chose the format of the letter myself as the first one they had prepared held me responsible for breaking the contract based on my performance. I completed one semester which I figure entitles me to 50% of my bonuses, contract states you are only entitled after working one full year.

My thought is that since I now have a signed document stating that it was their decision to terminate I could maybe invoke the notorious '$500 to $2000' clause, but they will of course claim that my performance was unsatisfactory as such don't think I'm entitled to anything. Guess what I'm asking is will hold the most sway with the SAFEA people, an official letter or the school's word?

Do I stand a snowball's chance in hell of getting anything, or is this one of those things that I'm going to just have to (as you so eloquently put it ) 'suck up'?

Roger · Joined: 19 Jan 2003 Posts: 9138

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

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

There are people who have had wins against employers but not so much through legal channels as through the channels of complaint and mediation. Personally I would move away from the concept of lawyers and courts as I really don't think that these would prove beneficial nor do I think that you need to go that far.

prof mentioned that he/she had had a win legally I believe so maybe prof can give us some details about that.

Paul Barufaldi · Joined: 09 Apr 2004 Posts: 271 Location: Beijing

voodikon · Joined: 23 Sep 2004 Posts: 1363 Location: chengdu

how about this one:

i've been at my school since sept. 1, 2005. in october, i signed a contract with them that's dated through august 30, 2006. the contract states that the employer will provide us with a visa, housing, salary, and airfare. in my reading, that means through august 30. well, our visas are expiring on july 10, and the school is suddenly saying they won't/can't renew our visas through august 30 unless we renew our contracts for another year. however, after a few months of asking us whether or not we're going to sign on again and my asking them whether they'll offer us a raise, etc., they've suddenly decided that they don't want to renew my contract. fine, but in my mind that doesn't excuse them from fulfilling their end of the current contract. am i right?

now the school is suddenly also suggesting that we find a new employer and break the contract like one of the other employees is currently in the process of doing so that the new employer can take care of the visa. in my mind, that will simply exempt the school from fulfilling its obligations because we're the ones breaking the contract. we're expected to work until july 10 (giving final exams and then submitting final grades), but i get this horrible feeling that we're going to work until that date and then our school will say, sorry, see you, and we'll suddenly find ourselves visa-less, homeless, salary-less, and bonus-less. we've all performed our jobs adequately (i'd dare say admirably well given the condition of the college), and i have to wonder just who this college thinks they're going to find to replace us.

unfortunately, the only card i feel like i can play is to let them know that if they screw around, i'll do my best to ensure no other foreign teacher works there again. but that doesn't seem like very much leverage. my other instinct is to simply up and quit today, but that would be sacrificing a big pile of money (that i don't know if i'll see even if i don't quit).

suggestions?