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Breaking Contract and doing a Midnight run

 
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Fargi_prc



Joined: 19 May 2003
Posts: 45
Location: Zhenjiang, PRC

PostPosted: Wed Feb 11, 2004 6:34 am    Post subject: Breaking Contract and doing a Midnight run Reply with quote

After teaching at the same school for a year, I decided to sign on for another six months. Of course I have had some problems with the school, but I have always been able to get them sorted out quickly andwith relative ease. However a week into my new semester I have to go home. My Grandpa has suddenly fallen very ill and I have been asked to go home and take care of both him and my grandmother.

It's not that I want to break my contract. I like the school, the teaching and living here. If I didn't I wouldn't have signed on for another six months. I would rather stay then go home, but it's family asking for help... It's also not like I'm breaking contract to go to another school and teach.

I have asked the headmaster at my school to be released from my contract and he has been thinking about it for three days now. This leads me to believe that either he won't release me or he will insist I pay the $500 us breach penalty stated in my contract. If this is the case then my last resort is a midnight run out of the country. Leaving my school and not telling them. However this is not an option that I want to persue.

If it does come to me leaving the country without being released what will this mean? Will I never be allowed back into China? If I leave without a release letter will they not let me get on the plane? Are there any other courses of action that I can take to get a release? If any of you have valuable advice I'd sure love to hear it
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Wed Feb 11, 2004 10:25 am    Post subject: Reply with quote

I wonder if you have previou8sly had a work visa?
If so, the onus really is on you.

But then again, any contract you sign is virtually worthless in terms of legal protection. Penalties are enforced by your opposite number, not by an authoity in charge of arbitration. IT's designed to recoup their outlays and to pay for a new advert and recruitment costs.

It won't affect your chances of returning to China. It could put a spanner in the works if you try to return to this locale, but I doubt it would work province-wide.
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Lanza-Armonia



Joined: 04 Jan 2004
Posts: 525
Location: London, UK. Soon to be in Hamburg, Germany

PostPosted: Wed Feb 11, 2004 2:34 pm    Post subject: Reply with quote

Hey

Well about you going home on personal reasons, I think I may have found a life line for you, suitable for both parties. check www.efl-law.com/china_advice.html ( free advertising huh?) it states that if you have evidence of said family member, you can go home, at your expence of course, and have no echoes.

Hope it helps

LA
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ContemporaryDog



Joined: 21 May 2003
Posts: 1477
Location: Wuhan, China

PostPosted: Thu Feb 12, 2004 7:04 am    Post subject: Reply with quote

I'm at a school in Wuhan which has or rather had some very strict rules - a curfew of 10.30 pm for coming home at night (and only sodding 11pm at weekends, although we just climbed the gate, our accommodation is on campus), have to stay in the office even when we aren't teaching, no guests to stay the night.

There were 7 of us in the house. The other six of them were so sick of it all that they were glad to only be on 6 month contracts (I supidly arranged for a year one when I was back in England before I came out here). One of them left in late November, she finally knew it was time to leg it when she had done all her lesson planning for the week, and was sitting in the office was nothing to do and decided to do some knitting. The principal saw her and told her she couldn't knit. Anyhow, she leggged it and went off to Inner Mongolia.

The long and the short of it is that the school won't chase her up in her new Province. However, she won't be able to work in Hubei again. Apparently these contract rules only matter within a province. So you can break contract and go and work somewhere elsewhere, but if you break and get another job in the same city, be prepared to pay the fine.

I was considering breaking contract (partly because of the school's rules, partly because I think there are nicer places than Wuhan) but I got together with a lovely lady just before the end of term and decided to stay. Well, that and the fact that the school have dropped hte office hours rule, given us keys to the gate and have said we can have people to stay...
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Thu Feb 12, 2004 7:55 am    Post subject: Reply with quote

Quote:
There were 7 of us in the house. The other six of them were so sick of it all that they were glad to only be on 6 month contracts (I supidly arranged for a year one when I was back in England before I came out here).


A one-year contract wasn't stupid, but it sounds like the colleagues planned it well by signing the shorter contracts.

Short-term contracts must be the way to do it in a rapidly changing environment such as this. China is like a time warp. 6 months here is highly compressed time, and a lot can happen. I've seen an entire corporate culture change within half that time, actually, and it would take years for the same thing to happen in Canada.

A case in point, my parents are interested in teaching here in 5 years or so down the road. A good plan, but my colleagues were saying it's impossible to predict what the TEFL market will be like then. Likely the development boom will slow down and there won't be a goldmine of jobs such as now.

Now is the time!

Steve
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Fargi_prc



Joined: 19 May 2003
Posts: 45
Location: Zhenjiang, PRC

PostPosted: Fri Feb 13, 2004 2:08 am    Post subject: Reply with quote

Update:

After about a week my headmaster finally gave me a release, he even offered to pay part of the airfare back to Canada. A huge load off my mind. Thanks all for your comments and advice. I hope to come back here when my G-pa's health improves....
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Lanza-Armonia



Joined: 04 Jan 2004
Posts: 525
Location: London, UK. Soon to be in Hamburg, Germany

PostPosted: Fri Feb 13, 2004 2:18 am    Post subject: Reply with quote

Well done. How did you go about getting half the airfare? Where you in the debate team at school?

LA
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Fargi_prc



Joined: 19 May 2003
Posts: 45
Location: Zhenjiang, PRC

PostPosted: Fri Feb 13, 2004 4:09 am    Post subject: Reply with quote

No debate at all... he actually offered it to me. I guess he has been happy with my work here for the past year and feels for my situation. According to my contract the school is under no obligation to pay my return expenses if I break the contract. I guess I'm just that good.
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NumberOneSon



Joined: 03 Jul 2003
Posts: 314

PostPosted: Fri Feb 13, 2004 2:17 pm    Post subject: Reply with quote

Fargi_prc wrote:
No debate at all... he actually offered it to me. I guess he has been happy with my work here for the past year and feels for my situation. According to my contract the school is under no obligation to pay my return expenses if I break the contract. I guess I'm just that good.


Keep us in the loop on this school. If you ever need teachers, some
people might want to work there, since they seem to treat you fairly.
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Fargi_prc



Joined: 19 May 2003
Posts: 45
Location: Zhenjiang, PRC

PostPosted: Sun Feb 15, 2004 2:42 am    Post subject: Reply with quote

well they are looking for a new teacher now... pm me for details
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