Job Discussion Forums

[jonathanj]

Well, I don't know what to do!

I have been working on a tourist VISA for the last 2 months. When I came to China on a tourist VISA, I was horny to find a job right away so I took the first opportunity that came my way. That was a big mistake.

After being cheated, lied to, worked like a dog, and treated like shit, I took the money and ran. After getting paid on June 29th, I decided not to go back. My girlfriend called them this morning and told them I had a family emergency and that I left to go back home. Now they are threatening to call the police and call the Passport authorities to see if I really left the country. Since I was working on a tourist VISA, meaning my contract was as good as toilet paper, what can happen to me? Are they allowed to have the authorities come here and look for me? Also, the apartment is in my gf's name therefore it is not tied to the school.

I actually have a plane ticket home, leaving July 14th, and returning Aug. 14th, to move to Beijing with the gf. I am just gonna hide out in my apartment until then. What kind of scenario am I looking at? Is this gonna get messy? My gf is scared but we also believe they can't do anything because I wasn't supposed to be working for them. I need some advice please! Thank you.

[clark.w.griswald]

In all likelihood the schools is just levelling empty threats toward you.

Think about this logically for a moment. While the school could certainly turn you in for working illegally, they would be turning themselves in also for hiring you illegally. I doubt that even they don't realize that.

You are in the clear as far as visa issues go and there is nothing that the school can do about that. The only exception here being if you took money or anything else that was not yours to take and then you could find yourself in big trouble.

Yours is a good example of why not to work illegally however as first off in working illegally you are working for an employer that is willing to hire employees illegally. Secondly if the music stops you are the one who generally gets left without a chair to sit on.

[Shan-Shan]

[cj750s]

the legality of a visa has noting to do wth the legality of a contract and it all depends on the contract...the court can treat it as a seperate matter and civil courts are not even entittled to level judgements as to visa infractions....

as to criminal charges..the school could level a charge against you and then count of the local PD to mediate a settlement ....

I think it would be best to get away from their influence now...lay low...as the criminal justice system may be the least of your worries ..but rather the hired thugs sometimes employed to sort these kind so disagreements out...

[jonathanj]

[kev7161]

So you came here a couple of weeks ago lamenting about your crappy job, decided to pull a runner (and, hey, I'm all for a runner if the job really is a stinkeroo!), and now you're worried? Did you not think of the hasseling before? I'm not condemning you or anything, I don't even know you! All I'm saying is that ANYONE mulling over runners should give all angles of it a good think before doing it. As China gets more (somewhat?) organized in future years, it's going to be more and more difficult to do these kinds of things without some sort of ramifications down the line.

[u24tc]

Hi am sorry to hear about your situation but:

1. Did you not realise at the time working on a tourist visa is illegal?
2. Did you sign a contract?
- If so, did it mention anything about breaking of the contract?

If you had realised no. 1 then i would have to say you may not have found yourself in this situation.

But your in it now so let's forget that for the time being. School screwed you over and now you've taken the last 'payment' and run.

The school hired you without giving you a proper visa to apply for residency therefore they broke the rules. They are threatening you with the police however I see that as an empty threat as already mentioned before, they would be doing themselves in as well.

As for the visa issue... if the authorities found out about you working on the tourist visa, they could decline any other renewal of your visa... I believe.

[7969]

in my opinion, the school's bluffing. just lay low and wait till you leave the country. this will all blow over quick enough. maybe leave town for a few days and relax in some nice environs.

[kidefl]

I live in a small costal town in Guangxi. The local uni signed me on four months ago, contracted, signed-sealed and delivered. This was just a few weeks after this semester started, I arrived too late and and was asked if I would please stay in this town, find something meanwhile, and start up with them in September. I complied. I found a dump to live in and a poor-paying job to get by. Three weeks ago they called me in and said I had been seen with prostitutes and they weren't interested in me any more. Two days after that I met a young, handsome Englishman in a bar who said he just signed on with this school and was to earn about 20% less than I was offered. If you're looking for compassion, look elsewhere.


As for your case, I'd say if the school is connected they can do just about anything they please.

[Shan-Shan]

[james s]

I have sooooo been exactly where you are now. I will give you the words that you need to hear, which nobody had the testicular fortitude or semenal aptitude to tell me, leaving me terrified for an elongated and unnecessary period of time.

1. You are safe. They will not pursue you. They cant. They have no grounds.
2. You are a tourist in China. Your visa says so. You did not work and you found the money on the street. Finders keepers. Its yours.
3. They persue you, they are incriminating themselves for illegally employing a foreign person and tax evasion.
4. They cant touch you. Its a tourist visa.
5. Your contract is void: it became null the very second they forced you into teaching unwillingly in ther room on an L visa, which you would not do for money, but volunteered the class time, for the students, of course.

Trust me. I know it is difficult to do as the school managers are very good at this game. They have no power when you are on an L or an F. Even on a Z if they breach themself.

[Teatime of Soul]

Succinctly put James S.

Knowing they can't touch you (which you probably figured out) you now want them to stop harassing your girlfriend.

Try this, agree to meet them. Tell them you want to settle this.

Tell them you want to meet with them AND a SAFEA rep at the Provincial level or at SAFEA headquarters in Beijing. Ask what time and day would be convenient or should you schedule it for them.

Do NOT agree to meet under any other conditions, especially with the local PSB.

Good luck.

[upchuckles]

Anyone who treats working abroad in China like it is the backpackers youth hostel of the ESL world should get exactly your experience, let this be a lesson for those who would seek to cut corners and illegally immigrate to china without the proper working documentation.

Like in the USA, you need the appropriate visas, that regulation exists for exactly this reason. By this time next year, most folks without 2 years teaching experience wont even be able to get into the country to teach english.

So all I have to say is, " tell us more" - I'm eating popcorn.

Oh and by the way James S. what makes you think the OP has no tax liability should the school be found to have employed him illegally? From your post, it is clear you hook your train to the notion that ignorance of the LAW is an acceptable excuse for breaking it..

[jeffinflorida]

[HunanForeignGuy]