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AussieGuyInChina
Joined: 23 Nov 2006 Posts: 403
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Posted: Mon Dec 24, 2007 12:16 am Post subject: |
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A factual account of one foreign teacher's experience in Guangzhou earlier this year:-
The F.T. left the job suddenly due to an ongoing problem with a fellow F.T. The employer was, in a manner of speaking, an 'innocent party' (although the subject F.T. felt that the school should have controlled the other F.T.) Contract still hade 6 months to run.
Subject F.T. quickly found another job. New employer got an F.E.C. for the F.T. but when they went to the PSB to have the F.R.P. transferred, the PSB requested a release letter. Former employer refused to give one. The PSB told the new employer to go back to Guangzhou Foreign Experts Bureau (who issued the new F.E.C.) and get the matter resolved. The PSB held onto the F.T.'s passport during the interim.
The GFEB spoke with the former employer and the new employer gave the Bureau the F.T.'s side of the story.
The employment contract had an 'up to' USD2,000 penalty clause. The GFEB decided that the F.T. should pay the old employer a breach penalty of USD500 following which the old employer should issue a release letter. I use the word should because the GFEB arranged this by telephone; the GFEB did not actually issue a legally-binding order. I was told, however, that any employer would be very unwise to disregard a GFEB suggestion if they want to continue employing foreigners.
And that's how the matter was resolved. The F.T. paid 4,000 RMB direct to the old employer and the old employer sent a release letter direct to the new employer. |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Wed Dec 26, 2007 11:26 am Post subject: |
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| Who do I present a letter of breach of contract to? The labour office? |
That would go to the the Guangzhou waishiban ... foreign experts bureau, of which there may be two or three different possible offices. Ask a new school. In my experience, if they say no problem, you will have no problem going to a new school |
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peterberlin1980
Joined: 17 Dec 2007 Posts: 9
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Posted: Thu Dec 27, 2007 3:46 pm Post subject: |
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| I really appreciate everybody's advice and sharing of experiences. We've resolved the matter, Web gave me a letter of release. Through a combination of factors they caved in. The most effective tactic proved to be persistance, continually visiting and calling the centre's HR office-once 8 times in a day- and taking up their time looking at different ways to get the letter finally lead to it's apperance. Despite severe exasperation on both sides we same to have resolved it civally. Again, thanks to all respondants. |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Fri Dec 28, 2007 5:35 am Post subject: |
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Hey, Good Job!
Genius, 1% Inspiration, 99% persipiration. At my current school I like, just got paid for work done two years ago
I really think the Chinese notion of law is inherently diffeent then the western concept. Laws here are just possible guidelines, thus no lawyers. But disagreements often come down to who is more determined or whjo cares more.
Again, good job |
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