Job Discussion Forums

[loboman]

This is my first post. I took a job at this company called BYD company Limited in Shenzhen. I work with another foreigner who reads this forum allot and told me about it.

We both have been having lots of problems with this company. Both cheated out of salary. Lied to about visas. And required to work many more hours than the contract sepecifies often with out extra pay.

Here is my story:

Working at BYD, BYD Auto a total horror story. Cheated every month

So I came to this company in Shenzhen called BYD Limited at the end of January to work on a 3 month contract. All seemed nice until the lies and cheating started piling up.

The first lie is salary related � as were most of the lies and issues from this company.

The first month I was here I was asked to start work early. I asked about the salary and was told I that would get paid the full months salary. I said that was ok and started working. Pay day came and guess what� LIE NUMBER ONE! They only paid me 1/2 the salary and started making excuses as to why I received a lesser amount.

After speaking to several people I was told that even though I did much work for them I didn�t work the full month so they decided to pay me by the hour. They didn�t pay me for many hours spent going to research books for them at various book stores around Shenzhen or for many hours spent coaching their staff.

Then they had the nerve to say that the contract didn�t start till March so they didn�t have to follow what the contract said.

My loss about 4100 rmb.

The second salary issue came when they agreed in writing to clarify that the contract said that I got paid 20 hours a week and that overtime was calculated on a weekly basis and that I got paid 20 hours a week even if I worked less . They agreed to this in writing.

Salary day came and they said they are not paying me overtime � about 25 hours worth. When I said that the contract stated I got paid this amount and we clarified this in writing the training director replied � I DID NOT READ THE DOCUMENT BEFORE I SIGNED IT SO IT IS NOT VALID�� and refused to pay me the overtime. My loss about 2500 rmb.

The next issue came to be the schedule. My contract said 20 hours a week. The first schedule was about 42 hours a week. I tried to explain to them that I was a part time employee and did not want to work so many hours and the contract said I worked only 20 hours a week. They still tried to push me to work so many more hours�

First 24, then 28, then 30 hours a week � plus travel time. And they just don�t care what I tell them.

Horror stories when getting them to anything they promised. Everything was a hassle and they never delivered on anything that was promised me before I came. Item like business cards, a laptop, air conditioner for my room, clothing wardrobe, practically everything became a nightmare. Very few things that were promised to me ever materialized. The few things that were given to me had to be argued for. Everything became a battle.

My pay is supposed to be paid on the 12th as agreed. For no reason BYD training department said they are going to pay me on the 17th. No reason given only that I will get paid on this day when everyone else in the company got paid on the 12th, the day I was told I would get paid.

Next comes more schedule issues. Now they are trying to force me to work 150 hours every month even though I told them I want to stick to 80 because every month they cheat me out of pay.

Visa issues. They got me an F visa and told me it is ok to work on it. Once they decided they wanted to take tax out of my salary I told them they need to provide me with a proper working visa. Their solution, I must keep working on the F visa, they will tax me, and they will �Hide� me on their tax rolls� so where is this money going to end up?

Finally I give 7 day notice and tell them I am tired of their non-action on any issue I bring to their attention or any help I request. I ask about the 4800 rmb that is due me for what I have worked this month. Their response � they are not going to pay me. Reason is simple, they do not have to pay me. My loss, 4800 rmb.

To date this company has stole about 11,000 rmb from me through outright lies.

To sum it up, BYD Company, Ltd in Shenzhen is a low rate company trying to appear big by offering many things to lure you into working for them but, like so many other companies in China, falls very short of delivering and winds up CHEATING YOU OUT OF MONEY EVERY TIME THEY CAN. Complaints to the HR person who recruited me got me this response ：�In China getting cheated in business is part of doing business here��

I resently resigned as did the other teacher. Both of us worked here less than 3 months and both got cheated and lied to on a regular basis.

2 teachers in such a short time...

They are prospecting heavily for new teachers. Don't fall for the lies - you will be cheated and used up quickly.

My first job in China and my last. I will exit quickly and get out with a very bad taste in my mouth and a great loss of income.

Stay away from BYD unless you really want to be cheated.

[loboman]

Teacher�s Name:
Address:

Based on the teacher�s ESL teaching qualification, and willing to provide service of business English training and consultation; in accepting the part-time teaching contract with BYD Company Limited, I agree the following terms after serious consideration:

1. Service time and place
I will follow the teaching time and places arranged by BYD, I understand that the policies and benefits communicated to me are subject to change, interpretation, and review by BYD at any time. BYD could provide the residence and computer for the teacher, but all the things provided belong to BYD. I agree I will obey Chinese local laws and BYD�s principles on office stuff, accommodations, transportation and vacation.
BYD provides a single dormitory in BYD Village, Shenzhen.

2. Service comment, requirements and payment
BYD make training plan according to the needs of business development for employees, after communicating with teacher settle the training cycle and requirements in details. I agree to understand the training needs perfectly and ensure a good effect and quality of the training; I will offer the training material. I agree to work at least 20 hours per week, which is at least 80 hours per month. The payment would be 8,000RMB per month.
If in less than 80 hours per month, it would be defaulted and deducted double by hours.
The teacher should pay the individual income tax according to Chinese law, and BYD could do help to deduct the individual income tax.
In addition, BYD could offer one return airline tickets from US to China per year.

3. Confidentiality provisions
BYD may impart to me confidential information, including, without limitation, designs, pricing, financial information, personnel information, marketing strategies, customer names and profiles, and the like (collectively "Confidential Information"). I hereby acknowledge BYD�s exclusive ownership of such confidential information.

Since the contract signed and till the confidential information open legitimately, I agree: (1) only to use the Confidential Information to provide services or goods to BYD ; (2) only to communicate the Confidential Information to fellow employees on a need-to-know basis; merely use to training for the employees of BYD. and (3) not to otherwise disclose or use, at any time, any Confidential Information.
I further agree that the disclosure or use of any Confidential Information, in breach of this understanding, would cause irreparable harm to BYD and, accordingly, not only can BYD seek damages, but I agree to the issuance of a permanent injunction against me restraining such disclosure and use, and I agree that any court of competent jurisdiction, selected by BYD shall have personal jurisdiction over me.
I make sure the service I offered, including the teaching material, plan form and so on not infringe on the right of patent of any others, otherwise, all of the losses and damages caused by it would be taken on me.

4. Applicable law and disputes
This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the Republic of China. In case of any dispute arising from the execution of or in connection with this Agreement, the parties should first try to solve such dispute through friendly consultation. If a dispute cannot be solved through friendly consultation, either party has the right to refer the dispute to China International Economic and Trade Arbitration Commission, South China sub-Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

5. Any accident happens during the contract period, I would shoulder the responsibility and medical care cost by myself, but during the medical period, I would be free of the default responsibility to the missed curriculum, but the classes should be made up after then.
6.If the following situations happen, the contract terminate：
1).The terms come to an expiration；
2). Two parties reach an agreement to terminate the terms；
3) The teacher was not able to performance the terms because of health or personal reasons
7. Either part could offer to terminate the contract 1 week in advance, and do not need to undertake the responsibility of the default. However, the teacher should hand up all the devices and documents, such as computer and so on, and the process must be recorded in written form I further agree that if this contract is terminated by BYD, it can be done without liability to me for wages or salary, except such as may have been earned or which may be due by virtue of applicable statutes. I understand and agree that this agreement may not be modified orally, and that if such a modification is made it must be in writing and signed by BYD.
I will not reveal the identity of any supplier to any competitor of BYD. These restrictions will apply during the contract period and the first 5 years after the contract expires. I understand that in establishing the precise amount of damages for breach of the provision, for each person recruited and to whom I have provided information in violation of this provision, liquidated damages for such violation shall be the amount of annual compensation of that person at BYD.

8. Contract period:
Three months, from March 1st, 2007 to June 1st, 2007
When the contract expires, if BYD comments the teaching effect is OK, and BYD would not rise to stop the contract, then the legal force of contract continues.
10、Two copies are included by this contract, one for BYD, the other for the teacher, both have the same legal force.

__________ _________ ___
(Date)

_ ___________________________
(Employee Signature)

_________________ _______
(Employee Print Name)

_ ___________
(Social Security Number)
______ ________________
(Date)

_________ ________________
(Stella Li)

Vice President____________
(Title)

_____ _______
(BYD Company Limited)

[Steppenwolf]

Loboman,
my undivided sympathies with you in your sea of troubles! Yes, such things happen, and they happen relatively often in places such as SHENZHEN. It's a cowboy city fwhere cowboy outfits rule supreme, and the law is just a printed version of some Pekingman's thoughts with no applicability to reality!

Your case shines some light on the more common pitfalls of working in China: being worked to the bones is the first one.
This usually is indicative of a company being illegal or not having the licence to hire FTs.

How did you get your 'F' visa? Through your employer or over the border in Hong Kong?
If the former then your situation was legal; if the latter you were working illegally.

Besides that, a contract period of 3 months is highly unusual; maybe they tried to work you harder so as to press maximum profits out of your short tenure; remember long-termers can be cheated more effectively over a long time. Also, you weren't promised the standard bonuses such as airfare and travel bonus.

I am sorry for you! Hopefully your next venture will be more satisfactory! And let's put BYD Co. in Shenzhen on a blacklist!

[Lobster]

Although I must offer my sympathies for the ill treatment you have received, I must ask myself why the hell you signed such an abysmally stupid contract. "At least" 20 hours per week with no maximum? Hours unworked under 80 deducted at double rate? Did you even understand what you were agreeing to and how open to abuse this left you? If you worked 50 hours in a month, that means that they'd deduct pay for 30 x 2 = 60 hours. In other words, you agreed to work about 13 hours per week for nothing and allowed them to pile on as many hours as they wanted for the lousy 8K they were offering. They "could" offer return airfare? If you take only one thing home with you, I hope it's a better awareness of how words can be twisted to set you up and therefore the need to think through contract negotiations thoroughly before you sign.

RED

[kev7161]

If it were me, I'd be posting this on every website I could find and then make sure you send an "anonymous" email to your former boss(es) with the link to the article. Maybe they'd try to take you to court for slander and then you could countersue while you were there. Did you and your friend start there at the same time? If you both had similar problems and you are out several thousand rmb each, why not head to your local PSB and file a complaint? Better have all your ducks in a row - - facts straight, signed contract wording figured out, and, oh yeah, WERE you here working legally? It may not accomplish anything, but it couldn't hurt if you and your friend were on the up and up.

[loboman]

[kev7161]

Usually MSN, Yahoo, and other sites such as these have groups you can join that cover almost any area you may be interested in. Just open a free email account, search groups, and join up. Post your troubles, get more feedback, and send the link to your former bosses. It's a bit of work, but you seem to feel very strongly about this situation. There are other China job forums out there, but I'm not sure of them, other posters probably know. Also, does China have a Better Business Bureau or some thing like that? I'm not sure again.

Here's one site I found by googling:

http://www.chinakontor.de/m-bulletin-boards.htm

[clark.w.griswald]

[kev7161]

Thanks Clark - - I knew SOMEONE knew some pertinent sites. I want to AGAIN urge the OP to make sure he sends links to his former boss(es) everytime he posts his complaints. Make 'em squirm a bit!

[Mister Al]

loboman

What a pity you didn't wait to collect your money before quiting. This is good advice for all- if you are being mistreated by your employers and swindled out of entitled salary etc and have had enough and want to leave - wait until the next pay day before taking any action.

I'm not surprised they decided not to pay you the outstanding RMB4800 for the last month ....you knew they were lying cheating gits....and yet you played into their hands. Don't get me wrong you have my sympathy....but signing such a dodgy contract then actually giving 7 days notice before pay day.........please live and learn, loboman.

Hope things improve for you soon.

[no_exit]

[loboman]

To answer some questions by those that replied.

We got our own f visa. The people there at BYD seemed really nice but turned out to be a bunch of cheaters and lied about almost everything they said or promised.

the original day for salary was supposed to be the 12th but then they decided to hold our pay till the 17th for no stated reason.

The training director Chan never answered emails and outright lied to many questions put forth about salary or hours. promises to be paid for overtime turned out to be empty and every month the losses mounted as they cheated us more and more.

So if I kept working I just would have lost more and more money.

And really who can I complain to for action?

they have a US based office. When I return i will file suit in local small claims court to try to obtain my stolen wages.

[jeffinflorida]

What isn't anyone going to step in here and defend the school and say maybe it was the teacher's fault?

that usualy seems to be the case.

[Ahchoo]

Sounds like it's not a school though. Sounds like the place you work at.

[Steppenwolf]