Job Discussion Forums

gabeltron · Joined: 09 Oct 2007 Posts: 21

Have you done this before or know someone that has? What was the transition like? I considering it, but I need to know what I'm getting into. i'm in Beijing.

Sinobear · Joined: 24 Aug 2004 Posts: 1269 Location: Purgatory

Details? Why are you considering breaking your contract? Are you willing to pay the breach penalty or to take the time to fight a breach penalty? For us geezers on the forum to help/advise you, we need details.

Cheers!

gabeltron · Joined: 09 Oct 2007 Posts: 21

Mainly, the transportation issue. When they interviewed us (my gf and I) they said that they will provide a special teachers bus that would only take 15 minutes to get to the school. This bus, is one that we'll be riding with the children making all sorts of stops which will put our commute well over an hour and a half per day. They say that they are working on an alternative, but according to some teachers from last year they said that all year.

Secondly, had we seen the school, met the staff beforehand we never would have accepted it. In the interview it seemed so professional. They made it sound as if this were a school where we would grow on a professional level. Both of us have masters degrees in education and we were told we would be working with professionals that would teach us about multiple intelligence theory and how to apply it. I'm not trying to sound snobby in any way because that's not what kind of person I am, but we're clearly over qualified and they should have just told us that instead of tricking us into something. I guess I'm getting a real taste of the business aspect.

As far as the contract termination goes, my girlfriend read the new Chinese labor law that clearly states one months salary cannot be held upon termination of a contract if 30 days notice is given.

sheeba · Joined: 17 Jun 2004 Posts: 1123

Maybe this post will stop some on this forum turning their noses up at those coming into China on L visas to find out the situation before making a commitment to a school. As I have said before it is a gamble whatever way you do it.

I feel for the OP. No you are not being a snob.

sheeba · Joined: 17 Jun 2004 Posts: 1123

Actually the same happened to me in my first year. I was promised that I'd be working and living on campus. They said I was a 'special' teacher and so I had to travel an hour plus a day to the 'special' classes.
The 'special classes' were a run down old uni. I told them I wasn't happy and they offered to move me to a place next to the 'special' campus. I moved into a room with none of the promised things offered on the contract - free internet, washing machine and so on. I took it because at that time my standards were lower. I actually didn't mind living in isolation in a so called 'dangerous' part of town. I'm coming in on an L visa this time anyway cos I'm not feeling like the 'China ESL ride' again.

vikuk · Joined: 23 May 2007 Posts: 1842

North China Laowei · Joined: 08 Apr 2008 Posts: 419

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

Um, my advice would be to sit tight for a month or two to see what happens in regard to the Z visa regulations here. I've heard that they are going to ease again. If Hong Kong and Seoul come back on line for visa runs again then it will probably be fairly easy to swap provinces to teach.

With your degrees a government Uni or public school will probably grab you quickly and they can override a bit of visa trouble from the private sector. The trouble is most government positions do not pay big money.

Be careful at government schools as students are graded so you have top schools where students pay attention and want to learn and those that don't.

Don't expect the truth anywhere here completely as you will not find it and that goes for government positions as well in general. I wanted TVs in classes for my current job and was told that all classes had them. Yep, one out of 7 classes that I teach has one. Good thing my student�s level is much higher than I expected so I don't need multi media as much I thought I'd need it. I�m happy but with my new job.

gabeltron · Joined: 09 Oct 2007 Posts: 21

The whole VISA issue is quite complicated. I really don't understand the whole release letter thing if people have to follow the new labor law. Also, I don't even know if the new labor law applies to foreigners, but I would assume it does. For example, if you are allowed to quit after giving 30 days notice why wouldn't you be able to work somewhere else? Can they really deny you this "letter?"

I was also thinking of this scenario. What if after a month of so I give them the news and resign. Afterwards, I go to Thailand or Vietnam (somewhere cheap) and apply for a Chinese tourist VISA. Then come back in and look for another job. Would that work?

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

http://www.tealic.com/contracts.htm
................................................................................................

But, to be honest, regarding breaking contracts, getting the Breach settlement becomes the least of your problems. More significant is your continued viability as a teacher, which brings us to the "Letter of Release".

Leaving your school before your annual contract is completed means that you'd have to get your working documents transferred from the first school to your new school. If you leave before the year is out, no matter if you've left in anger or amicably, the case is the same: in the eyes of the government, you work for your old school. Your new school needs to register you. Without a Letter of Release, they won't be able to do it.

Obviously, this is even more reason not to get into an intractable argument with your school. Schools have been known to vindictively withhold the Letters. We suggest adding it to the contract. Put it in the sections dealing with reasons for canceling.

"2 (two) days after the cancellation requirements have been met, party A will write a suitable Letter of Release for Party B, stating in both English and Chinese that he has met all his responsibilities and is no longer obligated to work at _________ school. The letter will bare the date and all the official stamps of the school. The letter will be left in a secure area of the school accessible by anyone in an administrative capacity. The letter is not to be sealed in any kind of envelope. The teacher is allowed to personally go to the school to collect the Letter of Release.
Both parties agree that under no circumstances may the original Release Letter be delivered by post. It can only be picked up by the teacher in person."

Does this mean that you'll get it? Probably not. But, it provides you with a contractual leg to stand on.

Holding back the Letter of Release seriously complicates your life. You won't be able to get another job teaching English in China until you have it. By statute you have to leave the country within 15 days if you don't get another teaching job. So, any delay on their part puts the cash-strapped, hand-to-mouthedness You in critical condition.

They can and probably will hold back the Letter if you're leaving on bad terms. Expect it. Then what would happen is you would have to skulk back and forth to their office begging for it, with them alternately not being their in plain sight or saying they have already sent it. Then you'd move to another province on their assurances, and start to teach, having to be SO grateful that your employer is being so understanding, and still begging for the letter. And then, finally, your old school will just blow you off permanently, forcing you to leave the country, lose the new job and securing you the enjoyable task of explaining to explain to the authorities all along the way why you were in another province.

As you can see the Letter of Release can easily earn you a wrenching experience. This neat little clause allows you to contact that lawyer friend of yours and have him fire off the "Law Office Letterhead" letter. They have agreed to give you the letter. It says that they will give it to you within two days once the terms of canceling have been met. What's the most that you'll have to pay for breaching the contract? A month's salary? Not much at those wages. But, without the letter, you could lose a lot more. If they decide to withhold and delay the letter purely out of spite, their spite will melt in the face of your lawyer friend's simple pressure. Letters from lawyers are scary.

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

It you go to another country and then come back on a tourist visa you will still have to do another visa run to get a new Z visa. So you won't get paid for these two trips plus the living costs while away etc. Wages aren't that great here to do stuff like that.

If you want to save money on the above then catch a taxi to and fro from work as there are two of you by the sound of things and the taxi expense isn't that great here.

I have had fun with students regardless of their ability but a lot more effort has to be put in with low level students so it is tiring. Bus trips can be fun if you muck around with the kids also, but tiring as well. There is no real way of knowing everything about how a place is going to turn out as things can change so quickly. You learn to roll with the punches after a while or quite the game.

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

i had to take a 35 minute bus ride 2-4 times a day in a job i held in 2005. that was a bus ride with only teachers onboard. i dont think too many on here would look forward to doing that same ride with children every day.

samhouston · Joined: 17 Jan 2007 Posts: 418 Location: LA

gabeltron · Joined: 09 Oct 2007 Posts: 21

If they are unwilling to sign a letter of release, then technically I'm still able to stay here until my contract runs out? I feel like I could do quite well with only privates and I'm also going to become an IELTS examiner which pays pretty well.

gabeltron · Joined: 09 Oct 2007 Posts: 21

In my contract it also states that I would have to pay back the costs for the VISA. Does anyone know how much this could be?