Job Discussion Forums

[rossttuedu]

My contract was for six months and is set to expire on June 26th. However, for a variety of reasons I want to leave my contract and my employer on June 20th. I still have 7 weeks to go until that time comes around but I had a couple of questions for anyone who knows about contract breaking stuff.

I talked to a couple of my coworkers and have received conflicting answers in regards to giving the employer notice. I have heard that if I give them one months notice before I want to leave then that will be alright and no harm done. I have also heard this does not work and it is still considered breaking the contract and I would be subject to the fines stipulated for breaking the contract. Will giving one months notice before hand work?

Also, if giving notice does not work, I was considering a cut and run method. Simply packing up and flying out of the country on the 21st. My only concern with this plan is I am wondering if they will send the police after me or if they will detain me at the airport. Also, if I come back to China some day in the future, will I be held liable for breaking the contract then.

Hopefully I can just give them a months notice and not worry about anything else. Thanks for your help in advance.

[kev7161]

In my opinion, I don't think it's right to ask for our "advice" without telling us why (even vaguely) you are considering leaving 6 days before the end of your contract. It seems it's not an emergency or you'd be leaving now and not in 2 month's time. My guess is a job offer back home or wherever. Is it a position in which the start date is June 20th or 21st?

Surely it would be different for every school, but my guess is that if you come clean to your school now, then they may just only dock you a week's pay. If you tell them now and perhaps help them ask other FTs (if your school has other FTs) to cover your last few classes, then it may work out for you and for your school. To cut and run would not be my advice on an option.

[rossttuedu]

Variety of reasons Kev... wedding, job offer, cheaper airfare. I don't have any respect for this current company at all. Thanks for the advice......

[jamesmollo]

May I ask what these 'variety of reasons' are?
Details of the contract?
clauses concerning 'breach penalty'

Then I can offer some advice.

[rossttuedu]

Reasons, above.

"If either of the two parties fails to fulfill the contract or fails to follow the contract obligations about the stipulated terms, that is break the contract, it must pay a penalty of US $500-$2000 to the other parties (or the equivalent in RMB)

Really if I cannot give a months notice and everything be fine or they will not negotiate then it looks like I will be breaking the contract.

I am wondering if the one month notification was fairly standard in China. Also, wondering if I will get detained at the airport and have trouble if I ever come back.

[cj750]

fact is no one can tell you the outcome as every employer will react diffrently..and it really doesnt matter what you think of the employer..the question is what do you think is your best move and how swill this effect your feelings about your self...
cause of the date your want to leave...it is unlikely you can get your pay and pull a runner...so ..it may be time to "let the truth light the way"..your leaving early so you must accept what ever decision your employer makes..the only other option is to get the next to the last paycheck and then leave ..but this will truly leave a bad taste in the mouth of the employer and is sure to earn you a place on his sh*t list and lacking a letter of reference...as it is only 6 days early ..let the truth guide you in this matter..the police will not be called if you leave..it is a civil matter...do you not have a month notice "clause" for dissolution of contract...

[jamesmollo]

sounds like an s.a.f.e.a contract same as mine. It should say

vIII breach penalty

If party B asks to cancel the contract due to events beyond control, it should produce certification by the department concerned, obtain party a's consent, and pay its own return expenses and pay a breach penalty to party A.

However, you can ask for leave for what is called 'personal business' a broad term that could cover such things as bereavment, family emergency. Just give something in writing beforehand to cover the final week if need be.

As far as being 'detained' at the airport, I don't think so. If you plan to return to China at a later date you will probably need a release letter from the school to allow you to obtain a new R.P.F and F.E.C.
So better exercise some diplomacy in how you go about it.
One other thing regarding the contract: There should be a clause pertaining to renewing the contract. That either party should give 90 notice to indicate their willingness to renew the contract.
not sure if this applies to you.
all the best

[rossttuedu]

Thanks for the replies cj750 and james. Thankfully, if I did choose to run, I don't need a letter of reference as I am not even putting this job on my resume. Also, I know I won't be coming back to China for work and don't forsee coming back to China for travel or leisure since I have seen everything I came to see. But, I have found the answer to my own question. I finally found the "long, detailed version" of my contract and it indeed says I only need to state in writing that I am leaving early. Thats right, I have two different versions of the same contract. But thanks for the help, cheers.

[kev7161]

Not that you need anymore advice; you seem to have found what you needed: But if you don't respect this school and if you've decided to pull a runner (which means final pay, airfare, travel allowance - - basically, any end-of-the-contract pay - - could well be forfeited), why not just pack your bags and leave now? If you have plans to not return to China, then what would it hurt? This would give you ample time to set up house back home, renew contacts with friends and family, shop for that wedding gift, start fielding job offers, etc.

[rossttuedu]

Yeah, I've got some friends coming over to visit for a couple of weeks. Really only staying so they have a place to stay and get a chance to see Tianjin and Beijing with someone who can speak some chinese and guide them around. Otherwise it would probably be a different story. Thanks for the input though kev.

[7969]

foreign teaches have a lot of independence in their work here. why not talk to the school and see if they can rearrange your schedule (or you can rearrange it yourself) so you can get the classes for that last week covered in the weeks leading up to june 20th? its only six days. that way you still put in the work, and the school/company can still consider the contract fulfilled and the end of contract benefits can be paid to you. sounds like a good compromise to me.

why dont you have any respect for the company? any specific reasons?

finally, i think its a bit disingenuous of you to just hang around for the duration of the contract so your friends get a free place to crash during their holiday. if you dont respect the company, and dont want to stay, and have other things you'd rather be doing back home, then just be honest about it and go.

[cj750]

disingenuous, yes..but highly cost effective

[rossttuedu]

Call it what you will 7969. The problem is solved and everything is taken care of.

[Teatime of Soul]

[jamesmollo]

man that's classic