Job Discussion Forums

Yingguoren · Joined: 22 Dec 2008 Posts: 2

Dear all,

This is my first post here. I've been in China for over two years and I have a bit of a dilemma. The first thing I should say is that leaving Beijing is not an option right now. So, whatever else happens, I need to be sure not to jeopardise my visa / residence permit.

I have been working for a teaching company for a couple of years and have worked for them in several schools across China. I came to their Beijing branch in September. Shortly after signing a contract for a 25 hour teaching week, I was offered an ESL 'advisor' job in addition to my regular teaching. My understanding of this job was quite different to the reality. I am expected to attend many meetings and am given huge amounts of work to do, often at short notice. I am paid the same as teachers who do not have this responsibility. I feel that on top of all the other problems I have had with this company over recent months, this is the final straw and I want to leave and find a less time consuming and thankless job elsewhere in the city. I understand that perhaps the sensible thing to do would be to tell them I won't do these extra duties and to simply work to contract. But the truth is that I desperately want out - there is nothing positive about working with this company. The questions I have are as follows:

1) I have signed a contract through to next summer. However, this was a standard teaching contract and not a contract that mentions my new advisory position. Is it still valid? If so, what will happen to me if I break the contract?

2) My residence permit is due to expire next summer. Can the school cancel my visa earlier than this if I leave. If so, do they need my passport in order to cancel my visa?

3) Do you think I will make myself unemployable if I leave this company without a reference?

Any help would be greatly appreciated!

Best wishes,

A

Mister Al · Joined: 28 Jun 2004 Posts: 840 Location: In there

Mmmmmm, another unhappy bunny. Firstly, why on earth did you accept the additional responsibilities without re-negotiating yout contract? Live and learn. You want out but if it was me I would try to last until the summer- saves having to answer all your questions. Go to the managers and tell them that you did not realise the new position would entail so much more work and responsibility and that you are only prepared to continue if you get more money/benefits. If they don't agree then tell them you are going back to your teaching contract. They might fire you, who knows. I would not resign. It's only until the summer.

To answer your questions:

1. You made an oral contract to accept the new position and that is a valid agreement. But whatever. It's China and we what contracts mean at times. Tell them you are going to work as per your original contract unless you get more money/benefits.

2. They can inform the relevant authorities including the PSB that you have breached your contract and no longer work for them but the PSB would need your pasport to physically cancel your RP, I think. If you get another job on the original RP you will be working illegally. If the new company apply for a new RP for you you might get it or might not. Depends on the relationship between them and the PSB.

3. No but having a Letter of Release stating that you satisfactorily completed your contract is better to have than not. Of course even completing your contract is no guarantee that you will get one.

So if it was me, I would try to get more money/benefits and finish the job in the new position. (You did after all agree to take on the new position and it's only 6 months to go). If they said no, I'd go back to the teaching contract and let them fire me if that's what they want to do. Whatever happens, you will not win any legal dispute with the company so try to make it a win-win situation.

Good luck.

Yingguoren · Joined: 22 Dec 2008 Posts: 2

Thank you very much for your advice. You are certainly correct that I was niave in accepting the job without renegotiating my contract. That said, I do feel that I was misled and wouldn't have accepted if they had made clear the reality of the position. Thanks again.

Kirkpatrick · Joined: 27 Feb 2008 Posts: 205 Location: China

My situation is almost the same as yours. but i actually left the school and really got burned. So few words of advice..First, they can cancell your visa behind your back even with a release letter. Also you won't be notified.... This means you will have problems with PSB big time.. 500 rmb per day for overstay. As a foreighneer beleive me , PSB will do it's best to really mess you up.. The best thing to do is get the new school involved on your behalf and have them handle all the transfer of visa shit.. Don't beleive that you can take a release letter and your resisdent permit and go job shopping.. It doesn't work... The second option is to go to Hong Kong and get a new L visa and start the process all over again..

eddy-cool · Joined: 06 Jul 2008 Posts: 1008

Ah my friend Kirk, how can the PSB cancel a visa that is not physically in front of them? You are spinning yarn here.

therock · Joined: 31 Jul 2005 Posts: 1266 Location: China

Kirkpatrick · Joined: 27 Feb 2008 Posts: 205 Location: China

No Eddy, no B.S. here... NDI in wuhan canceled my visa after I got a proper release letter.. It must be in Chinese with the Chinese stamp..After going to a new school I found out that my visa had been canceled 1 1/2 months preiously.. Remember it takes about 1 month to transfer schools..

Eyrick3 · Joined: 29 Mar 2008 Posts: 161 Location: Beijing, China

Eh, leave and find a new job. They'll cancel your current visa, but in Beijing there's sure to be tons of people looking for another teacher.

Albeit the semester is almost over at universities, so they won't be hiring. But private schools generally pay better anyway.

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

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

I have to side with Mister Al on this one. Stick to your job until it's finished. Talk with them about these extra job duties and the pay issue and if they don't offer any money, then stick exactly to your contract. If they move to get you fired, then no sweat off your back! It's what you wanted anyway.

theincredibleegg · Joined: 01 Jul 2008 Posts: 224

You need a letter of recommendation for your next Z-visa....

arioch36 · Joined: 21 Jan 2003 Posts: 3589

arioch36 · Joined: 21 Jan 2003 Posts: 3589

PS, good advice to the original question. From the sounds of it, you should bargainmore, CHina is a country where bargaining is expected. And unlike some other countries, it does not seem morally wrong to take huge advantage of someone should they bargain poorly. Bargaining should continue even AFTER a contract is signed (as your school did) But based on what you have told us, sticking it out and chalking it up to experience is the way to go. But also renegotiate with them, tell them exactly what you think they should give you in addition, based on what facts (extra duties, etc