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Whistle-blowing in the wind? Where is real enforcement?
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Anda



Joined: 16 Jan 2003
Posts: 2199
Location: Jiangsu Province

PostPosted: Tue Nov 27, 2007 11:46 am    Post subject: Reply with quote

How I understand it at this stage is that whatever your contract says is it. There is no support outside of what you have signed.

Even SAFEA will not support a copy of its own contract. It has to be an original issued by them.

How I see it, is that we are now into work place bargaining for whatever we can get somewhat like workers from the Philippines. Our previous status that we held by being from a Western country seems to be a thing of the past.

I had a good friend from Indonesia and I once asked him how much he could get someone killed for in his home country. He told me half an imported cigarette. Back in good old Oz I asked a kid that was in for murder where I worked how much he would bump someone for and he said $20, so making a big noise is not the best thing to do sometimes especially in Asia.
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SocratesSon2



Joined: 19 Nov 2007
Posts: 134

PostPosted: Tue Nov 27, 2007 11:48 am    Post subject: Reply with quote

For those of you who think Darren Russell was not murdered you might be suffering from head stuck in the sand syndrome. Please check out this link as well as the pathology report done on him. He most certainly was attacked and killed. The only question that remains is by whom? Check out this site, it will answer many questions.

http://www.whiterabbitsmom.org/


As you will see on this site he was murdered, and you can even view the pathology report itself which says so. The family recently had his body autopsied, which was impossible at the time his body was returned due to financial difficulties.
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IanMWashburn



Joined: 11 Apr 2005
Posts: 61
Location: As of February 2009 - Santa Cruz, CA, USA

PostPosted: Tue Nov 27, 2007 12:16 pm    Post subject: Thank you all for your "on topic" replies! Reply with quote

Thank you especially Hairuo and China.Pete for your helpful replies.

And an extra special thanks to Teatime of Soul, for your insightful and erudite response. (It's so so nice to hear someone using English in all of it's creative and evocative power.)

I'll consider carefully all that you guys have said.

Will keep this forum posted if, when and as things develop.

Unless of course I meet my maker first.

("I'm not afraid of dying. I just don't want to be there when it happens." Woody Allen)

Later.
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IanMWashburn



Joined: 11 Apr 2005
Posts: 61
Location: As of February 2009 - Santa Cruz, CA, USA

PostPosted: Tue Nov 27, 2007 1:37 pm    Post subject: Please stay on topic...Thank you! Reply with quote

Please stay on topic...Thank you!
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redpiston



Joined: 30 Sep 2007
Posts: 338

PostPosted: Tue Nov 27, 2007 10:46 pm    Post subject: Reply with quote

Quote:
For reasons that should be obvious, specific details as to the "Why" and the "What" are at this point confidential.


To understand the motivation would aid in the process of deciding whether or not it would be wise to go forward with a complaint. Maybe you could seek advice via PM.


Quote:
If you have say, video evidence, including a full confessions, in Chinese by all parties, you might, perhaps might, get some attention.


This may not be able to be used in court unless as the law requires you give notice to the person being recorded. In fact, you may suffer a civil penalty yourself for having committed a criminal act.


Quote:
Hopefully your personal connections with the court officials (which makes a HUGE difference in outcome)


the most important whether it is Mississippi or Beijing.
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Brian Caulfield



Joined: 14 Sep 2004
Posts: 1247
Location: China

PostPosted: Wed Nov 28, 2007 1:14 am    Post subject: Reply with quote

To repeat the only way to prevent this situation and I am guilty of it now at the end of my contract, is to make sure there is a continuation of employment at the place you want to work at. If you are the only one at your school who is a foreigner and you never met the foreigner you replaced it is easy to rip you off. What is the problem is that many foreigners come here and take the side of the school in all disputes no matter how guilty the school is.
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patsy



Joined: 07 Oct 2004
Posts: 179
Location: china

PostPosted: Wed Nov 28, 2007 9:14 am    Post subject: Reply with quote

I think a good firm handshake and a pack of expensive cigarettes will be much more useful that your safea contract.
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Brian Caulfield



Joined: 14 Sep 2004
Posts: 1247
Location: China

PostPosted: Thu Nov 29, 2007 5:17 am    Post subject: Reply with quote

And when you have landed the post , the ability to drink copious amounts of baiju will ensure a happy stay .
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Thu Nov 29, 2007 2:17 pm    Post subject: Reply with quote

Unfortunately, I think the original poster was much too vague. How you go about things differ drastically depending on the situation. Courts are seldom used, are rarely the way to resolve issues. For instance, if you went to the police about a matter, it would be near impossible to get them to pass information to a "district attorney" or make an arrest. This is almost entirely the control of the party.
Mediation is the standard practice. If mediation between the two sides fail, then it usually means a "guanxi" standoff. (laowai have none)
If it does not directly involve you (for instance if it involves another teacher) you'll be making a huge mistake to get involved. In the Chinese frame of mind you are now the instigator causing dissension and friction. You, not either of the other two parties, are at fault
If it is your own contract you are talking about, I have found the provincial waishiban (SAFEA, kind of) to be willing to mediate, even suggest to the school to fulfill it's contract. But if the school resists strongly, about the only venue is filing an action in the arbitration court, hire a lawyer. They will seek to persuade the school if they think you are clearly right, but they will not wish tothreaten the school. After all they have to live with the school for many years. Even if you are married to a Chinese, and have worked here forever, in their mind you are just a brief interloper.
I have found the PSB to be unbiased. They will delight in holding both sides of an dispute under the torch, a very heated torch. They are not interested in being bothered by your mess (this does not mean they are not helpful, just their view of their duties is not the western view)
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Thu Nov 29, 2007 2:22 pm    Post subject: Reply with quote

Quote:
I think a good firm handshake and a pack of expensive cigarettes will be much more useful that your safea contract.

While some may see this as humourous (it is) it's a truth. A cultural thing, not just guanxi. Outside being as a bribe, it is also used in mediation.
I have seen many disputes where the person who done wrong "apologizes" by offering a cigarette. Then the other person needs to accept it, or risk making this person lose face, which as a Chinese person is bad to do. Something like someone who does you wrong saying sorry, and offereing to buy you a drink?
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