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Breaking contract? Jumping ship? Can it be done?
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blewismaltz



Joined: 04 Nov 2004
Posts: 11

PostPosted: Wed Oct 11, 2006 10:22 am    Post subject: Breaking contract? Jumping ship? Can it be done? Reply with quote

Quick question for the experts and old hats.

I'm working at a job in China.

I have my Z-Visa and residence permit.

Job has gone sour (dull surprise).

There's a million and six other job offers in China.

QUESTION: Is it possible for me to take another job, and have my new employer somehow wave their magic wand (i.e. pay money) and transplant me to a new city and allow me to still have my Z-Visa and residence permit without my having to leave the country?

In other words, can I show up somewhere new and get visa/permit work taken care of by the new employer so that I can effectively tell my boss "You're a jerk. I quit." and still stay in China?

Just want to know if this is even possible, and if anyone has actually done it, before I start sending off emails asking for it to be done.
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7969



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

PostPosted: Wed Oct 11, 2006 10:31 am    Post subject: Reply with quote

given that you signed up on this forum two years ago, it might be good to have a look through the archives first. the question is posed regularly. good luck. 7969

btw, before asking for advice on this issue, people will want to know what "has gone sour" so appropriate answers can be formulated.
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blewismaltz



Joined: 04 Nov 2004
Posts: 11

PostPosted: Wed Oct 11, 2006 10:54 am    Post subject: Reply with quote

Given that the VISA/permit rules change on an hourly basis these days in China, I wanted to get a current response rather than trust information that can very easily be out of date.

Mind doing a good deed and pointing me to an appropriate and up to date post regarding this subject? The archives are huge and have so much out of date and differing information that I thought I quick post awaiting a simple "Yeah, it can be done," vs. "Nope, you either deal with it, or go back to your home country" response was appropriate.
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7969



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

PostPosted: Wed Oct 11, 2006 11:11 am    Post subject: Reply with quote

there's another thread on the 1st page that is similar to the one you've initiated. have a look and see if it applies to your situation. its only been around for one week.
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kev7161



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

PostPosted: Wed Oct 11, 2006 11:13 am    Post subject: Reply with quote

Last I heard it was perfectly fine as long as you have your documents in hand. I think you don't even need bother telling your school you are leaving. I think you can just pack your bags, hail a taxi to the local bus depot or train station and be on your way. I'm sure your future school has dealt with this before, so I"m sure they have a systematic way with their local PSB of transferring your residence (or whatever it is they do). Go for it, I say! Good luck in your new job. I'm sure it will be a helluva lot better than the loser situation you've found yourself in these days. Let us all know how it goes, 'kay?
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Steppenwolf



Joined: 30 Jul 2006
Posts: 1769

PostPosted: Wed Oct 11, 2006 12:09 pm    Post subject: Reply with quote

I think it's a waste of effort answering such questions but here is anyway:
You need a clearance from your local PSB to be allowed to move house and job; your clearance is granted if you prompt no complaints against you (from your current employer, for example).
Once you have taken this hurdle, take your rlease letter (stamped by the PSB) and transplant yourself to that new locale.

You really don't need to exit China - you can switch jobs in-country - but only if you have a clean record.

If you are wanted, or owe tax, or your employer wants to take revenge, then good night to your dreams. In any event, your current visa and residence permit no longer remain valid.
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no_exit



Joined: 12 Oct 2004
Posts: 565
Location: Kunming

PostPosted: Wed Oct 11, 2006 1:28 pm    Post subject: Reply with quote

One of my current teachers came to from another school. Basically, he had to produce a letter of release from his current school in order for us to be able to transfer his visa. With that letter it is a relatively easy process, but without that letter it would be a big mess. I don't think you're right about being able to leave without even notifying the school kev. At least in Yunnan, where I live, you have to prove that you're leaving one employer legitimately (having given notice, not owing the school anything, etc.) before another one can take over your residence permit. It is up to your school whether they give you that proof (in the form of a letter of release/reference) or not.

Can you clarify what "gone sour" means? I hope you don't just mean that you figured out you could be making more money elsewhere so now you're regretting having signed your contract. Is the situation completely intolerable, or is it a case of "the grass is greener?"
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Wed Oct 11, 2006 2:20 pm    Post subject: Reply with quote

- Release letter AKA letter of reference from current employer.
- OP: please enlighten us instead of being so vague, i.e. "gone sour" After all, your wife and you have only been teaching there a month, haven't you?
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blewismaltz



Joined: 04 Nov 2004
Posts: 11

PostPosted: Wed Oct 11, 2006 2:36 pm    Post subject: Reply with quote

No, when I mean gone sour I don't mean we can make more money elsewhere. I mean the employer has lied and misled a little too much, and then reacted venomously to our voiced concerns about some of the more worrysome problems.

*we were told we would have aprivate kitchen, but instead have a shared one.

*we were told the department pays building utilities but they expect us to pay for gas

*we were led to believe we'd be teachers at THE University (a prestigeous one) but instead are teaching at an extended learning program sponsered by the university, whose classes have no real merit and whose students just paid their way into.

minor, I know, and we were willing work with them despite the lies, but each time a problem has arisen they have become very hostile and I just wondered if I could flip them off and jump ship already.

Sounds like i can't.

Ah well.

There;s always next year.
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WordUp



Joined: 05 Jan 2006
Posts: 131

PostPosted: Wed Oct 11, 2006 2:59 pm    Post subject: Reply with quote

If your university has got you the res permit than it appears you are in a legal working situation.

If they have breached the contract than you have the right to illustrate to them by way of a written letter each and every breach (show them section and section number) in your contract.

It sounds like you have vocally illustrated this to them and they should be afforded the opportunity to make things right.

If they don't after a reasonable amount of time or if things get worse than you have the right to leave. But if not, then you should honor your contract or pay the breach fees to escape it. (Buy out of your contract)

Very few schools pay for cooking gas, how bad can it be? I go through a large can every three months and a large can costs me about $12 USD.
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kev7161



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

PostPosted: Wed Oct 11, 2006 10:59 pm    Post subject: Reply with quote

For future FTs considering coming to China - - these kinds of threads are always helpful so you don't make the same mistake:


Quote:
*we were told we would have aprivate kitchen, but instead have a shared one.


Unless you're totally comfortable living with complete strangers in a "dorm-room" like capacity, negotiate with the school IN WRITING that you will have a private apartment. Shared apartments may be a "Chinese way" of doing things, but it is not so common for grown adults in many western countries. If you don't negotiate this ahead of time, then you have to live with the situation you are given.


Quote:
*we were told the department pays building utilities but they expect us to pay for gas


Althought paying for your own cooking gas is not unheard of and really doesn't cost all that much (my tank of propan lasted almost a year and cost me 50 rmb), get a list of utilities the school will cover IN WRITING in your contract: electric, gas, water, internet, phone (local usually), anything else?

Quote:
*we were led to believe we'd be teachers at THE University (a prestigeous one) but instead are teaching at an extended learning program sponsered by the university, whose classes have no real merit and whose students just paid their way into.


Ask for IN WRITING the actual address of the school where you will be teaching: street address, city, province. Ask them to confirm WHERE this school is - - city center or in the boonies somewhere (but don't use the word "boonies"). If they say "main campus" somewhere in your email exchanges, then you find yourself in a satellite location, make sure to bring that up BEFORE you start teaching on your first day. AND, does the address of the desolate school location match the address you were given when you had the forethought to ask them two months before when you were negotiating for the job?

We can't think of everything before we start a new job and very few teaching jobs in China are going to be perfect, but dotting your i's and crossing your t's as much as you can will hep you in the long run.
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7969



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

PostPosted: Wed Oct 11, 2006 11:40 pm    Post subject: Reply with quote

kev7161 wrote:
For future FTs considering coming to China - - these kinds of threads are always helpful so you don't make the same mistake:


Quote:
*we were told we would have aprivate kitchen, but instead have a shared one.


Unless you're totally comfortable living with complete strangers in a "dorm-room" like capacity, negotiate with the school IN WRITING that you will have a private apartment. Shared apartments may be a "Chinese way" of doing things, but it is not so common for grown adults in many western countries. If you don't negotiate this ahead of time, then you have to live with the situation you are given.


Quote:
*we were told the department pays building utilities but they expect us to pay for gas


Althought paying for your own cooking gas is not unheard of and really doesn't cost all that much (my tank of propan lasted almost a year and cost me 50 rmb), get a list of utilities the school will cover IN WRITING in your contract: electric, gas, water, internet, phone (local usually), anything else?

Quote:
*we were led to believe we'd be teachers at THE University (a prestigeous one) but instead are teaching at an extended learning program sponsered by the university, whose classes have no real merit and whose students just paid their way into.


Ask for IN WRITING the actual address of the school where you will be teaching: street address, city, province. Ask them to confirm WHERE this school is - - city center or in the boonies somewhere (but don't use the word "boonies"). If they say "main campus" somewhere in your email exchanges, then you find yourself in a satellite location, make sure to bring that up BEFORE you start teaching on your first day. AND, does the address of the desolate school location match the address you were given when you had the forethought to ask them two months before when you were negotiating for the job?

We can't think of everything before we start a new job and very few teaching jobs in China are going to be perfect, but dotting your i's and crossing your t's as much as you can will hep you in the long run.

what makes you think future foreign teachers will bother reading this? these questions will pop up again, someone will say search the archives, and the OP wont bother to do it. situation repeats itself.
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Thu Oct 12, 2006 2:50 am    Post subject: Reply with quote

kev7161 wrote:
Quote:
*we were told we would have aprivate kitchen, but instead have a shared one.


Unless you're totally comfortable living with complete strangers in a "dorm-room" like capacity, negotiate with the school IN WRITING that you will have a private apartment. Shared apartments may be a "Chinese way" of doing things, but it is not so common for grown adults in many western countries. If you don't negotiate this ahead of time, then you have to live with the situation you are given.


Question Question Question kev, the OP said a shared kitchen, NOT a shared apartment. I know FT's in a university/college in Qinhuangdao, Hebei have to share a kitchen but they do have private apartment (including private bathroom). The kitchen is located in a common area.

Quote:
Quote:
*we were led to believe we'd be teachers at THE University (a prestigeous one) but instead are teaching at an extended learning program sponsered by the university, whose classes have no real merit and whose students just paid their way into.


Ask for IN WRITING the actual address of the school where you will be teaching: street address, city, province. Ask them to confirm WHERE this school is - - city center or in the boonies somewhere (but don't use the word "boonies"). If they say "main campus" somewhere in your email exchanges, then you find yourself in a satellite location, make sure to bring that up BEFORE you start teaching on your first day. AND, does the address of the desolate school location match the address you were given when you had the forethought to ask them two months before when you were negotiating for the job?


Again kev, you are reading too much into what the OP says. The OP never said anything about working at another campus or at a different school. The OP's students are obviously those who failed their college entrance exam and are paying big money to get into this university to get a diploma that says they are graduates of that university when in reality, they are either three-year students or not a part of the Foreign Language department (or somewhere along the line).


Last edited by tw on Thu Oct 12, 2006 2:54 am; edited 1 time in total
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kev7161



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

PostPosted: Thu Oct 12, 2006 2:52 am    Post subject: Reply with quote

I know! That's why we need a sticky with about 5 contributors that can create a checklist of sorts for people to do before they come, upon arrival, and throughout the school year when a "common" situation may arise.
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kev7161



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

PostPosted: Thu Oct 12, 2006 2:56 am    Post subject: Reply with quote

I'm actually not REALLY responding to the OP, what I'm saying in essence is that if you don't want to share an apartment or a kitchen or a bathroom, but value your independence and privacy, then you should confirm such things ahead of time (and really, you know TW how schools like to blindside you upon arrival).

As well as to the school, regardless of the location of where the OP is teaching, it seems to me that he is dismayed that the job he was given was not the job he thought/assumed/was told it would be. My point to anyone reading this post while it's current is to NEVER ASSUME and get as many specifics as you can so surprises such as what the OP is grousing about don't get to you so much.
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