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How can I make them pay me?
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Woolly



Joined: 07 Mar 2005
Posts: 21

PostPosted: Mon Jul 30, 2007 11:34 pm    Post subject: How can I make them pay me? Reply with quote

I'm leaving China next week, and the boss of my seems to have decided to repay my 2 years of work by not paying my my last 2 month's salary.

I found that he has done the same to a former colleague (Chinese), so now I am getting a little concerned. I actually have (had) a very good relationship with the company, but they have always been slow on doing things.

So if I fail to get it again today, what is a proper legal, swift way of getting them to fulfil the terms of the contract? I have signed the official goverenment contract, as well as a supplimentary one for the company. If it makes any difference, I'm in Hubei.

I'm hoping that at least a well placed phone call may scare him into action.

Any advice greatly appreciated.
W.
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Tue Jul 31, 2007 12:06 am    Post subject: Reply with quote

Is the company legit? Do they have a licence to employ foreigners?

If not, and a quick phone call/email to your local consulate should be enough for someone to get back to you with this information, then get a face-to-face with whoever has the authority to pay you and mention that if they don't pay you'll have no choice but to kick up the most godalmighty stink via your consulate, the local authorities, the guys that issue the licences, the town council, the local party, the PSB and Uncle Tom Cobbley and all.

Worked for me after relations had broken down to the point that whether I resigned or had been sacked for not coming in to work when ill was bit iof a moot point and I not only walked out of the office with all due wages but also the pro-rata share of my leaving bonus/air fare.
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7969



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

PostPosted: Tue Jul 31, 2007 12:25 am    Post subject: Reply with quote

...

Last edited by 7969 on Tue Jul 31, 2007 5:42 am; edited 1 time in total
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boubou



Joined: 07 Mar 2007
Posts: 61

PostPosted: Tue Jul 31, 2007 5:35 am    Post subject: Reply with quote

I will be critisized on my comment, but this could work. How cool is your local PSB/Foreign affairs departement? My area, they just decided to work for foreigners and help them out with stuff like this, BUT on the limit they can only talk to the school. If your papers and school is legite, a walk to your PSB with your problems *could* help, again it depends how cool with foreigners they are and if they aren't to corrupt (might end up asking you for half of you pay...)
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Tue Jul 31, 2007 6:25 am    Post subject: Reply with quote

You devote 2 years of your time for this company and this is how your boss repays you. We hear of this thing happening all the time, one must wonder what is the point of completing a contract if you have to jump through hoops just to get the money that is owed to you.

I would assume your boss is trying to screw you so he can pocket the 2 months salary for himself. I had this kind of thing happen to me where they were trying to delay paying my airfare allowance in the hope that my visa would expire and they wouldn't need to cough up the dough. But I went into the office everyday, sometimes even twice a day and kept asking. I eventually got the money. I would suggest you do the same, go into the office daily and ask for the money, be nice about it, don't get frustrated or upset.

Do prospective teachers a favour and post the schools name when you have completed your contract, regardless if you get the money or not. These type of school's do not deserve the services of foreign teachers.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Tue Jul 31, 2007 6:44 am    Post subject: Reply with quote

Quote:
I will be critisized on my comment, but this could work. How cool is your local PSB/Foreign affairs departement?


Okay, I will criticize. Is "departement" some kind of french spelling? Okay, citic time finished. I would strongly suggest first go to the provincial waishiban office, provincial foreign affairs office. They do not want schools to do this, nor do they want legal entanglements. They will be very quick to call the person in charge. Upside, this is done the same day as you are in the office. Downside, they are unlikely to proceed strongly. This is the land of harmonious cooperation, after all.
Don't think the PSB would ask for a cut. Actually right now is their slightly slow time. I would just be shocked if the PSB would be willing to be active in this, as it clearly is not their jurisdiction. But I've never tried, so what is there to lose? Wouldn't hurt. Let us know. Do both. Just the cost of a taxi Cool

It is the provincial waishiban's job to do this (As of now, there are still two distinct waishiban offices, the one that processes your FEC , I would go here first) and the office that is actually in charge of settling disputes (thus never wants to)
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Tue Jul 31, 2007 6:50 am    Post subject: Reply with quote

Wool asked
Quote:
proper legal, swift way


Oh, that was a knee slapper. Practicing oxymorons again, are we?

Good one! Razz Razz
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boubou



Joined: 07 Mar 2007
Posts: 61

PostPosted: Tue Jul 31, 2007 8:36 am    Post subject: Reply with quote

arioch36 wrote:
Quote:
I will be critisized on my comment, but this could work. How cool is your local PSB/Foreign affairs departement?


Okay, I will criticize. Is "departement" some kind of french spelling?


Actually, it is... Having been raised and educated in both languages, I tend to add an e where it doesn't belong... And it stays there if I don't read over what I've written... Bad habit, and no excuse... Embarassed
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Tue Jul 31, 2007 2:39 pm    Post subject: Reply with quote

To the OP,

This is truly a worst-case scenario but honestly it is something that I, and probably others, have also lived through here.

First, given the short window-of-time available, it would be almost impossible to get the Labor Department, the Education Bureau, etc., etc., involved in a way and manner that would be effective. They are, on the best of days, cumbersome.

The Consulates are reluctant, to speak politely, to get involved, but if you can find someone there who takes pity on you, it may help. It just takes the "right person".

In your case, I would decidedly create as much of a non-violent but strong scene as I could create. You have nothing to loose and surely the other students and other teachers will wonder what is going on. Do NOT get violent -- do not threaten violence -- just be very, very STRONG and determined with your words and don't give up. I wouldn't roll with the punches.

I wonder what the others around here think.

I had a very, very similar situation in the past...the school owed me two months salary. After much bickering, to put it politely, they eventually paid

BUT

get a load of this

when I went to the bank with the money,

35% of all the money was counterfeit, bogus, not real, etc., etc.

The last laugh was on me but I am still thinking how to react to this.
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jwbhomer



Joined: 14 Dec 2003
Posts: 876
Location: CANADA

PostPosted: Tue Jul 31, 2007 2:46 pm    Post subject: Reply with quote

HFG - Surely it was a criminal offence for them to pay you in counterfeit money. Why didn't you go to the PSB or the American consulate or both?
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jeffinflorida



Joined: 22 Dec 2004
Posts: 2024
Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two

PostPosted: Tue Jul 31, 2007 11:38 pm    Post subject: Reply with quote

Gee someone getting cheated by the chinese... is this a new trend or something???
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Wed Aug 01, 2007 2:38 am    Post subject: Reply with quote

jwbhomer wrote:
HFG - Surely it was a criminal offence for them to pay you in counterfeit money. Why didn't you go to the PSB or the American consulate or both?


Homer,

Not to get off track -- China is flooded with counterfeit money -- as you probably remember from your stay in Guangzhou -- Guangzhou is particularly inundated with counterfeit RMB 100 and RMB 50 banknotes.

Now and then a counterfeit note surfaces..but it was the sheer proportion of the amount -- 35% of a considerable amount of money -- that was paid to me and this came after much bickering, fighting, trips to the Labor Department, etc., everything the poster above mentioned. I am sure that this was done intentionally, given the percentage but I am still in the process of tracking down the other FTs to see what happened to them.

When I raised the issue with the administration of the school, they were, shall we say, Scarlett O'Hara-like ,"oh so surprised -- how could that have happened?".

But for the record, it was not the first instance. The school that I left taxed the foreign teachers to death -- income tax at 20%, airplane reimbusement tax, travel allowance tax, you name it. When I asked for a tax receipt, they couldn't produce one. So I went to the local tax office. Guess what -- they hadn't forwarded one RMB of all of the taxes that they had collected from all of the FTs -- not one -- and apparently, after the Tax Office verified all of its records, they had no record of the school ever remitting anything -- for eleven years.

And worse of all, it is a government school -- not a language mill.

Now back to the thread...to the OP, be strong and raise h*ll, true h*ll.
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mgafunnell



Joined: 29 Jun 2007
Posts: 89

PostPosted: Wed Aug 01, 2007 3:16 am    Post subject: Reply with quote

you probably should have finished it when it started. no pay, no work. i learned this lesson in Korea.
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william wallace



Joined: 14 May 2003
Posts: 2869
Location: in between

PostPosted: Wed Aug 01, 2007 4:17 am    Post subject: Reply with quote

When you asked about the delay, what was his answer ? You could ask for partial payment (compromise) too.
Good luck Wink
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Wed Aug 01, 2007 6:11 am    Post subject: Reply with quote

jwbhomer wrote:
HFG - Surely it was a criminal offence for them to pay you in counterfeit money. Why didn't you go to the PSB or the American consulate or both?


The only reason I can think of why one wouldn't go to the PSB to report this is because they didn't have the correct visa. They could have been working on an F visa and going to the PSB would have landed the poor foreigner in deep trouble.
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