Job Discussion Forums

[jamesmollo]

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $500 to 2,000 (or the equivalent in RMB).

If party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A�s consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.

If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B�s return expenses; if Party A cancels the contract without valid reason, it should pay Party B�s return expenses and pay a breach penalty to Party B.
what does 'events beyond control' mean? would medical grounds be covered by this?
i.e i'm unable to resume normal working hours for medical reasons as diagnosed by a doctor. i have 2 contracts with my current school, both with equal effect. what's your thoughts people? i need to get out of here.
bear in mind i've been here several years and worked for three other schools.

[Anda]

Turn up with a stand in or replacement plus your doctors phone number and see what they say. You know the game James. Sorry to hear you're sick. If you do a runner then don't come back to the same provience to work as immigration isn't that well linked from one provience to the next as you would know.

[clark.w.griswald]

James you best speak with SAFEA directly. I posted a link to the SAFEA office contact details for each province in the following thread:

http://forums.eslcafe.com/job/viewtopic.php?t=57220

You are Party B to the contract right, not Party A? Same conditions apply to both though.

If you cannot work for medical reasons then that is a valid reason to end your contract. Of course your school is not going to like it if you expect them to pay the full benefits and therefore you best contact SAFEA to get their assistance in getting what you are entitled to.

Good luck.

[jamesmollo]

thank you anda and clarke. i'll try and get in contact with them here in wuxi, let you know how it turns out.

[jamesmollo]

I couldn't find a contact in wuxi. I spoke with the principal today. She has contacted the government they are all worried i'll have a stoke from high blood pressure, and suggested i return to n.z. I don't have enough money to do that at this time but the doctor advises i don't work at all at the moment.But I do have private students. Which puts me in quite a predicament. She said she will speak to the shareholders about my airfare. I think they will pay up because the last thing they want is to be responsible if something happens. Ironically when I was tested at the entry/exit hospital my blood pressure was 170/100 but I passed the medical exam. Is it likely they will pay my airfare and the 10,000rmb?

[vikuk]

[jamesmollo]

thanks for your reply. what could my embassy do if anything? anyone had a similar experience?

[vikuk]

each embassy runs under different rules with regard to the kind of help it offers its nationals - so the best way of finding out is to contact them.
The Embassy and its staff are there to protect the interests of their nationals - so don't be shy of giving them a call - its their job to respond (back home you paid taxes to keep those folk in a job). Like I said before - the worst they can do is offer a listening ear - which in its own way can be a help, as long as you explain your situation in a sensible rational manner.
I would think that if your school got to know that your embassy was also interested in your situation and your contract being honored (informing them in a very subtle manner - so as not to cause offence or loss of face) - then it might give extra importance to their quest in meeting any contractual responsibilities they were contemplating skipping over.

[jamesmollo]

thanks. i have 2 contracts the hand written one states 'any party who wishes to break the contract should pay 10,000rmb to the other party' as you no doubt know the s.a.f.e.a contract states 'if the teacher is unable to resume normal work after 30 days absence the contract can be broken'
but the above mentioned clause states they should pay for my return to my country. So does my situation qualify as them breaking the contract or me?
If i'm able to resume work after more than a months absence. bear in mind they must have been aware of this before they signed both contracts with me. In other words they must have been aware that this could potentially happen (my medical condition that is) I myself was not aware of the seriousness of it until i eventually found an english speaking doctor, prior to that I had been taking chinese medicine that a friend got for me, and assured me this would work. But this overseas trained doctor said it was rubbish and prescribed some medicine from abroad.
Granted i knew something was not right but thought i had taken enough action to deal with this, and it was difficult to find help where i was before. But once I began teaching full-time my symptoms worsened. It was then that I considered this chinese medicine wasn't good enough. My principal has been in contact with this doctor through my treatment. I can understand their concern that this could be an on-going problem.
But the question is will they pay me the 10,000 and the airfare? It's a multi-billionyuan enterprise that owns the school, just one of their many businesses.I suspect it would be in their best interests to pay me out as i'm technically unable to work now but they are still legally responsible for me.

[jamesmollo]

Is it really a good idea to contact my embassy? I'm afraid it will stir up a hornet's nest.

[vikuk]

[therock]

Do a runner!! Run, run and run as fast as you can.

[vikuk]

When the poster is without enough funds to buy a ticket home, possibly too sick to work, and has cause to think that the company might provide funds for a ticket back home due to an unforseen termination of contract clause (and OP you have to stick to your guns with your employer that your sickness was unforseen) - then why pull a runner?????
What would pulling a runner achieve?????
At the moment the OP's most promising hope is that the company - their official Chinese host - feel they have a responsibility for this situation.

If this situation turns into horror story where the school ask you for breach of contract sum - then if you aint got no money what can they do. Drag a sick person, who can't support themselves in China to court

What I would advise is getting home as quickly as possible so you can get checked out by a competent doctor!!!!!

[Mei Sheng]

The Embassy/Consulate can help a lot.

My Consulate was once willing to loan me enough money to get out of Hong Kong and back to mainland China.

I strongly advise everyone to have their local Consulate/Embassy's phone number stored in their phone. Thank God!

Good Luck.

[Anda]

You can fix yourself up here just as well as NZ. Doctors can give you pills etc but they do nothing to fix the problem, only you can do that.

Yeah I know, as I was about 198 over about 145 so I know.

The first thing to do is cut right back on your food intake and only eat a little meat and other mucus-forming foods.


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