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Legality of contract?

 
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mandarinstudent



Joined: 25 Jul 2006
Posts: 91

PostPosted: Thu Jul 27, 2006 3:17 am    Post subject: Legality of contract? Reply with quote

I recently signed a contract and was wondering if it was legally binding. Here is the situation...I was offered a job at a university by a recruiter paying 6000RMB per month plus accomodations. He sent a contract by email and I signed it and faxed it back to him with my passport, degree, and TEFL certificate. Now he is calling me to say that the pay is 5000RMB and the school will not provide accomodations. The contract is void now, right? Can I can look for other employment without worrying?
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Thu Jul 27, 2006 4:10 am    Post subject: Re: Legality of contract? Reply with quote

mandarinstudent wrote:
I recently signed a contract and was wondering if it was legally binding. Here is the situation...I was offered a job at a university by a recruiter paying 6000RMB per month plus accomodations. He sent a contract by email and I signed it and faxed it back to him with my passport, degree, and TEFL certificate. Now he is calling me to say that the pay is 5000RMB and the school will not provide accomodations. The contract is void now, right? Can I can look for other employment without worrying?


As far as I am aware, Chinese law (?) doesn't recognize anything as being legal if it was signed outside of China. Your signature on that contract was nothing more than showing your commitment to the employer, and for them to show the local authorities so they could get you the documents needed for you to get your Z visa. You might have to sign another contract (the official SAFEA contract) if that wasn't what you had signed, or the employer might not even bother getting you to sign anything else after you arrive in China.


Last edited by tw on Thu Jul 27, 2006 4:15 am; edited 1 time in total
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The Voice Of Reason



Joined: 29 Jun 2004
Posts: 492

PostPosted: Thu Jul 27, 2006 4:12 am    Post subject: Reply with quote

"The contract is void now, right?" I should cocoa.
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Bayden



Joined: 29 Mar 2006
Posts: 988

PostPosted: Thu Jul 27, 2006 4:21 am    Post subject: Reply with quote

The Voice Of Reason wrote:
"The contract is void now, right?" I should cocoa.

Huh : Confused
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The Voice Of Reason



Joined: 29 Jun 2004
Posts: 492

PostPosted: Thu Jul 27, 2006 4:42 am    Post subject: Reply with quote

http://www.worldwidewords.org/qa/qa-ish1.htm
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Thu Jul 27, 2006 5:38 am    Post subject: Legality of contract? Reply with quote

Dear OP,
If I were you, I'd look elsewhere. Smile If you haven't got a work permit in your passport arranged by the mentioned employer, you will be able to get it with another employer in China. Wink Your signature on your faxed contract or any other documentation you've sent to that employer mean NOTHING then.
Good luck in searching for that right job
and
cheers and beers Very Happy

__________________________________________________________
PS Check that above sticky on contracts out
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Thu Jul 27, 2006 5:46 pm    Post subject: Reply with quote

They did the bait and switchback that quickly, and that clumsily? And you're still wondering what to do? Slap yourself upside the head and get busy looking.
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WordUp



Joined: 05 Jan 2006
Posts: 131

PostPosted: Fri Jul 28, 2006 1:22 am    Post subject: Reply with quote

The contract was never binding. Technically in order for a contract to be binding it has to be in both Chinese and English language and both parties have signed originals.. Look at it closely though, who is the contract with, the recruiter or the school?

Don't worry about it.. Tell them what they can do with their switch and bait tactic and move on.

Make sure you dont come on anything less than a Z visa.. Despite whatever people Might tell you here, L and visa cant be converted, and F visa is ever increasingly more difficult to convert..

Cheers


www.journeyeast.org
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chufeng



Joined: 17 Jul 2006
Posts: 32

PostPosted: Fri Jul 28, 2006 4:42 am    Post subject: On the subject of Z visas... Reply with quote

I'm currently in China studying on an F visa, and I plan to work this fall after my study ends. So I've been asking every potential employer (in 6-8 different provinces) whether it can be converted in China, or whether I will need to go to Hong Kong and reenter on a Z visa. With the exception of Guangxi (and one slimy employer who never gave me a decent answer) they all told me that I will need to go to Hong Kong. The Guangxi school seems legit, however - they have tons of foreign teachers and seem very confident that they can still convert other visas in the province (or obtain FEC/residence permit for teachers on F visas, at least... not sure what the correct terminology is). Is this just a matter of guanxi with the local PSB?

Last edited by chufeng on Fri Jul 28, 2006 6:19 am; edited 1 time in total
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Fri Jul 28, 2006 4:53 am    Post subject: Legality of contract? Reply with quote

Chufeng, I think you should create a new thread on that topic. Wink

Cheers and beers Very Happy
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Fri Jul 28, 2006 5:16 am    Post subject: Reply with quote

As far as I know the conversion of F to z is not possible on the mainland but if you hear that you may be able to , then explore cautiously because Chinese companies are famous for saying they can only to come back later to tell you they cant.
If a company is telling you that they can get a z or make the f work with a resident permit ...I would consider twice before taking this kind of offer...
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englishgibson



Joined: 09 Mar 2005
Posts: 4345

PostPosted: Sat Jul 29, 2006 6:35 am    Post subject: Legality of contract? Reply with quote

Hmmmmm?????????? Rolling Eyes

OP, have a good search for a new job! Wink ...let us all know how you've done once you find a new school to work for. Smile

Cheers and beers Very Happy
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