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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sat Jul 28, 2007 4:40 pm Post subject: |
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| HunanForeignGuy wrote: |
| jwbhomer wrote: |
| It would indeed be interesting to know how HFG comes by all the experience and knowledge that he claims. |
He comes by it honestly, decently and politely. Is that sufficient? |
not really but i guess it will have to do  |
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eslstudies

Joined: 17 Dec 2006 Posts: 1061 Location: East of Aden
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Posted: Sat Jul 28, 2007 7:13 pm Post subject: |
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| When I started this thread I was hoping every poster who took part would at least outline their Chinese experience initially: sort of "you show me yours and I'll show you mine". |
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jwbhomer

Joined: 14 Dec 2003 Posts: 876 Location: CANADA
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Posted: Sat Jul 28, 2007 9:53 pm Post subject: |
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[quote="eslstudies"]When I started this thread I was hoping [b]every poster who took part[/b] would at least outline their Chinese experience initially: sort of "you show me yours and I'll show you mine".[/quote]
It seems there are some who are too modest. Perhaps they have much to be modest about?!
And if they (he?) did "tell all", would you believe them (him)? |
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boubou
Joined: 07 Mar 2007 Posts: 61
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Posted: Sun Jul 29, 2007 1:58 am Post subject: |
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*have been in China 5 months
One school, only 3 months of teaching. Reason for leaving: School provided Fake (not wrong but FAKE) Visa and fake contract. Got arrested and have been dealing with local PSB since. Joy! |
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Jordean

Joined: 12 Dec 2006 Posts: 238
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Posted: Sun Jul 29, 2007 3:53 am Post subject: |
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Here is the universal problem with contracts, as with treaties. If you're on good relations with the other party, you don't need a piece of paper. If you're on bad relations, the piece of paper probably won't do you much good if you're downhill power-wise of the other party. As in, say, peace treaty between the US and the Nez Perce Indian tribe.
Even if you can get a court to find breach, if the other party has the powers-that-be in their corner, you aren't going to get much for your troubles. (It's not like China is all that different from the West, maybe just a little more blatant.)
Has anyone here consulted the Chinese civil code on contracts? I would not assume they are viewed the same way in China as they are overseas. Nor would I guess the Chinese courts have the same notions of equity one might expect in a western court.
As an FT you're the Indians. Congratulations! |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sun Jul 29, 2007 4:16 am Post subject: |
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| Jordean wrote: |
| As an FT you're the Indians. Congratulations! |
the upside is that we have a place to go back to, in many cases, better than the situation that some people find themselves in here. |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Sun Jul 29, 2007 7:54 am Post subject: |
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Breach of contract is basically a negotiating tool, and nothing else, 99% of the time. Often the meaning is simple, "I don't like you, do this immediately, or I'm leaving" or We don't like you, please leave"
The wise HFG with years of experience who we should take simple on faith is ... mistaken
There is no need for any official to interpret. If the laowai wants money, they can go, as provided in the contract, to the Provincial Waishiban. But by simply giving written notice, the other party is must respond. If no response from the other party, no official interpretation is even possible. This is not the way China works, rather face to face. The lawyer ratio is probably about 1/1,000 of the U.S.
I have been involved in three resolved breach of contracts, such as when I arrived with the e-mail "contract" saying airplane ticket reimbursed. Then the school gave me a contract to sign giving me 3,000 for the whole year. I gave them written notice only for CYA. I got my money from phone calls made between the school and the Waishiban. No legal interpretations. The official just asked me what I wanted. THIS IS CHINA after all. Lawyers and official written interpretations are not desirable.HFG, with his unstated years of experience should know.
Rainstorm, so prepare for long story (or I could watch some Chinese TV instead
First year, private college in Henan, good apartment, nice classes, in the boonies. Beautiful campus, too many (18 hours.) Left for the big city.
2nd year Zhengzhou, three year college, best ever, left for a better offer from a "better" higher tier school, All my Chinese friends urged me to take the job.
3rd year "higher tier school" MISTAKE "We have a swimming pool" I arrive. "where's the pool," asks the fatter me, just returned from the States me? Oh we have a pool ,sez they, just no water.
"Oh the Vice President is moving out, you will have his apartment. ( Well his 2nd or 3rd apartment, never used, bare concrete floors, much smaller then discussed, but in fact the VP's "place") "Where can I have a dining room table," asks a foolish me. "We talked about this in the e-mail contract that also mention plane ticket money" "oh, here in the entrance hallway" sez they. "But," foolish me asks, "only room for maybe two people" "Oh'" sez they, "for your safety you should never invite guests to your home to eat. Just use the school restaurant nearby" "Uh" (That's the Chinese "uh", for those who know the lingo) "Uh" Four foreign teachers, one gone after the National day, two more by winter vacation. Two laowai agreeing to share one BED. (two male cousins from a poorer country) interesting semester.
4th year back to the great "lower tier three yr school" all is bliss. NO!!! the neigboring school is bankrupt due to gross corruption and misuse of money. My 3 yr. school I could stay at for years must merge with the "higher" school to save it. And of course, because the Bankrupt school is bigger, higher, they outrank my school, which operated efficiently and wisely, thus having money to save the higher school. Higher school's inefficient ways dominate.
5th Like the neigborhood, now have Chinese and Laowai friends there. Sign up with a neighboring school
6th year. Close call, inertia makes me stay
7th year itch. End up getting married to a Chinese girl with physical problems. Her family lives close by. Visits to hospital and laziness makes time limited for finding many other jobs. Must have 1st floor apartment. Ignore 7 year itch. Instead revisit Dave's, to find I am no longer in top 50 all time posters, and arch enemy Roger nowhere to be seen
Finished
Oh, PS, numerous language gigs, each time me promising never again |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Sun Jul 29, 2007 10:01 am Post subject: |
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| arioch36 wrote: |
| Instead revisit Dave's, to find I am no longer in top 50 all time posters, and arch enemy Roger nowhere to be seen |
Roger is still around, albeit under a different user name. |
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HunanForeignGuy
Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC
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Posted: Sun Jul 29, 2007 11:39 am Post subject: |
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| therock wrote: |
| arioch36 wrote: |
| Instead revisit Dave's, to find I am no longer in top 50 all time posters, and arch enemy Roger nowhere to be seen |
Roger is still around, albeit under a different user name. |
As are numerous others... |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Sun Jul 29, 2007 12:52 pm Post subject: |
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| HunanForeignGuy wrote: |
| therock wrote: |
| arioch36 wrote: |
| Instead revisit Dave's, to find I am no longer in top 50 all time posters, and arch enemy Roger nowhere to be seen |
Roger is still around, albeit under a different user name. |
As are numerous others... |
Care to elaborate? |
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boubou
Joined: 07 Mar 2007 Posts: 61
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Posted: Sun Jul 29, 2007 4:05 pm Post subject: |
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| Jordean wrote: |
that different from the West, maybe just a little more blatant.)
Has anyone here consulted the Chinese civil code on contracts? I would not assume they are viewed the same way in China as they are overseas. Nor would I guess the Chinese courts have the same notions of equity one might expect in a western court.
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Actually I have reviewed the law on contracts... it's the same as in most foreign countries, BUT again there is all the bribery system you can't get out of. Also, once a foreigner has been to court and made "trouble", this foreigner is usually tagged and it will be very hard to get a new visa... (This came after discussing with a lawer and many foreigners) Why I checked this out? the school owes me 10 000 yuan if we concider the contract, and that's the minimume concidering I got fined for what they did... (they got fined too.. but in any means I'm not going to get into this.. I'll end up posting my story when I'm truly out of the cops office.)
So in short: yes contracts are seen as in most western countries according to the law, but don't forget your a foreigner in a corrupt country. |
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eslstudies

Joined: 17 Dec 2006 Posts: 1061 Location: East of Aden
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Posted: Sun Jul 29, 2007 7:31 pm Post subject: |
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| HunanForeignGuy wrote: |
| therock wrote: |
Roger is still around, albeit under a different user name. |
As are numerous others... |
Whilst I find this deliciously ironical, this is yet another off-topic post in a job related only posting area.
If certain posters don't want to discuss the length of their experience in China, they should start their own thread on user names, or whatever, in the off-topic forum.
This includes those who freely accuse others of never adding anything worthwhile to discussions. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sun Jul 29, 2007 11:56 pm Post subject: length of experience... |
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a quick review of p.3 of this thread from last summer reveals that one of our members seemed to be in two non-contiguous provinces at the same time:
http://forums.eslcafe.com/job/viewtopic.php?t=44175&postdays=0&postorder=asc&start=30
i can understand why some contributors here may be reluctant to relate the length (and location) of their experience in china.... i know it would be difficult for me to remember where i was at any given time if i were making things up on the fly.
Last edited by 7969 on Mon Jul 30, 2007 6:19 am; edited 1 time in total |
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dave_merk
Joined: 22 Mar 2006 Posts: 208
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Posted: Mon Jul 30, 2007 12:35 am Post subject: |
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4 years in China...ONE school.
I've never left my original school. I'm lucky that they treat me well and give me a decent place to live. Sometimes they try to pull some shady stuff on me (asking me to pay all the utilities once I got married, for example), but I'm happy with them for the most part. The job is easy, kids good, and salary is enough for me. One big gripe I have is that my salary is almost always late, sometimes by two weeks. However, I'm not one of these childish, stuck-up FTs who demands that everything be absolutely perfect according to his/her taste and, thus, don't mind if my salary, which should come on the 8th of each month, comes on the 16th. So what? As long as I get it that month, I'm happy. I understand that some foot-dragging and arm-twisting is common in China.
In my 4 years my school has gone through...let me see...7 or 8 other FTs, all of whom get fed up and left. Usually before they leave they bitch about it to me and I always have to cringe at some of their ridiculous reasons: they wouldn't give me a raise, the job is too hard, it's not like Australia (no shit?), etc etc etc. What a bunch of crybabies. |
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Ahchoo

Joined: 22 Mar 2007 Posts: 606 Location: Earth
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Posted: Mon Jul 30, 2007 6:01 am Post subject: |
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| HunanForeignGuy wrote: |
| therock wrote: |
| arioch36 wrote: |
| Instead revisit Dave's, to find I am no longer in top 50 all time posters, and arch enemy Roger nowhere to be seen |
Roger is still around, albeit under a different user name. |
As are numerous others... |
Including Alex P. |
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