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Sly22
Joined: 29 Jan 2007 Posts: 51
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Posted: Sun Feb 15, 2009 4:50 pm Post subject: Need advice on not getting paid. |
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The placement company I work for hasn't paid me since the begining of december. I was due to get paid on january 1st but my agent wouldn't answer her phone or respond to my messages until the 20th, she wanted to renew my passport and visa and assured everything was fine. I showed up to sign the new contract as she assured me I would get paid right after Chinese New year. I've gone back to work now and been calling her every day and sending her messages since new year ended and she never picks up or returns my calls. I'm starting to think I'm never going to get paid and I'm not really sure what the best way to go about this is. I was thinking of explaining this to the school I work at, but knowing how helpful they can be I'm sure they would rather complain to the company and just get them to replace me instead of trying to help.
Help. I just had to entertain 3 visitors in a row from back home and I'm on my last 1000 here. If I get nothing from her I'm really screwed. |
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kjk_esl
Joined: 02 Feb 2007 Posts: 41
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Posted: Sun Feb 15, 2009 9:53 pm Post subject: No Pay |
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You might be screwed there my friend but lets hope not. First off you should be getting paid from your school not by a recruiter. Did this recruiter get you your working visa and foreign experts cert.? This is suppose to be done by your school if I am not mistaken. I would contact the Foreign Expert Dept. of your city/province and complain to them but chances they are being paid off by this recruiter. The recruiter might have strong guanxi with the FE Dept if their offices are in the same city/province. Inform both parties that your going to inform your embassy of this problem and also I would contact the local tax dept too see if the recruiter is paying your taxes for you (be sure that you are being deducted tax first on this point as you do not want to go there and end up with getting egg on your face). I took these steps with my last school and it landed them in hot water and cost them a lot of money and put them on thin ice with the local FE Dept. When you are to be paid is written done in your SAEFA contract or what ever the name of the national contract the we are suppose to sign. Your school is "suppose" to be paying you a fine a written in the contract but this is hardly ever enforced if it is the employer is the one who has broken the contract.
Also tell who it is that you are working for and your contact persons name at this recruiting office? Let everyone know here who it is that is shafting you as it can help to inform other to keep away from this recruiter.
I hope that you are able to get paid here as it puts a bad taste in your mouth about your time in China. |
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Totemic
Joined: 05 Feb 2009 Posts: 118 Location: Nanjing
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Posted: Sun Feb 15, 2009 10:04 pm Post subject: |
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Tough spot to be in, OP. My suggestion is to corner this woman and ramp up your belligerence to the extreme (don't hit anything or use profanity).
In my experience dealing with Chinese in such matters, I've learned two things (generalized, of course):
1. They do not handle direct confrontation well. It frightens them.
2. To escape from such situations, they will do anything to deflect the blame on to you.
If you go in and smack a table or cuss her out, that will become the focus of her defense, and she'll use it to suck you into a vortex of illogic. If you go in screaming that you need your money (while refusing to accept any of her counterpoint defenses), the 'blame' (and loss of face) will remain entirely hers.
If you manage to bully her into paying up, though, prepare a hasty exit plan, because she will launch a counterstrike (because you cost her face, by forcing her to pay ).
These type of folks (in my experience) are sneaky and deceitful, but also malevolent. Until she soothes her petulance by 'getting you back', her noodles will just never taste the same.
Best of luck. |
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Totemic
Joined: 05 Feb 2009 Posts: 118 Location: Nanjing
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Posted: Sun Feb 15, 2009 10:08 pm Post subject: Re: Need advice on not getting paid. |
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Sly22 wrote: |
The placement company I work for hasn't paid me since the begining of december... I've gone back to work now and been calling her every day and sending her messages since new year ended and she never picks up or returns my calls... I was thinking of explaining this to the school I work at, but knowing how helpful they can be I'm sure they would rather complain to the company and just get them to replace me instead of trying to help. |
Bad arrangement for you, great for them � so easy to pass blame to 'other departments' so as to avoid and direct confrontations. Ugh.
kjk_esl wrote: |
First off you should be getting paid from your school not by a recruiter. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Sun Feb 15, 2009 10:51 pm Post subject: |
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Phone calls and emails RARELY work. You need face-to-face confrontations. Tell your school you are taking a day off to go straighten out this situation. You're not getting paid, surely your school should understand that no money equals no work. Of course, TIC (This is China) so logic often flies right out the window. Good luck. |
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Hansen
Joined: 13 Oct 2008 Posts: 737 Location: central China
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Posted: Mon Feb 16, 2009 12:36 am Post subject: |
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Working but not getting paid= DUMB
Stop teaching.
Insist that you be paid immediately.
If you are not paid, don't go back to class. Pack up and leave.
If you are not prepared to pack up and leave, be prepared to continue working, not get paid and then be terminated. |
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Sly22
Joined: 29 Jan 2007 Posts: 51
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Posted: Mon Feb 16, 2009 1:11 am Post subject: |
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Hansen wrote: |
Working but not getting paid= DUMB
Stop teaching.
Insist that you be paid immediately.
If you are not paid, don't go back to class. Pack up and leave.
If you are not prepared to pack up and leave, be prepared to continue working, not get paid and then be terminated. |
I plan to, but seeing how my visa is still processing and in the companies hands they kind of have me by the gaowan. I work at a highschool, so I am paid through the placement company since the highschool cannot sponsor visas.
Its kinda complicated but my contract is with my recruiter, who has a contract with the placement company (which is big, has offices and I deal with one of the managers often who is cool), who have a contract with the school. The recruiter is the weak link in the chain, I've already spoken directly to the placement company and they said they want to hire me directly but my recruiter won't have it.
I'm going to try calling her from other phone numbers, and seek advice from the placement company. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Mon Feb 16, 2009 1:33 am Post subject: |
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sly22, there are a few stories similar to yours in the archives here. they always seem to end badly.
if you have enough money (or access to credit card) then i suggest quitting now. move on and find something else. these people you're dealing with cant be trusted. |
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Itsme

Joined: 11 Aug 2004 Posts: 624 Location: Houston, TX
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Posted: Mon Feb 16, 2009 3:00 am Post subject: |
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You need to go to her office in person and ask for your money. Say you need it for living expenses or whatever.
no need to throw a tantrum
no need to just walk off and call it a day.
Just go in and tell her you need the money in like 5 minutes. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Mon Feb 16, 2009 3:49 am Post subject: |
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this guy hasnt been paid for more than ten weeks!!! the school/recruiter probably knows he's out of cash and as a result is holding 4 aces while the broke foreign teacher has a pair of 2s.
if at all possible, its time for him/her to cut their losses and move on. waiting even five minutes more only weakens his position. |
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Hansen
Joined: 13 Oct 2008 Posts: 737 Location: central China
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Posted: Mon Feb 16, 2009 4:09 am Post subject: |
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The situation that you described is a bad one to be in. Lot's of people to burn you. The guy you call cool, he's the shill like figure in the scam.
Since they have your visa, you are really in a bad situation. Good possibility you may not be getting it back any time soon. You are not being paid and you can't leave. Think this is a coincidence?
Contact the Foreign Affairs Office of the province in which you reside. |
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Sly22
Joined: 29 Jan 2007 Posts: 51
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Posted: Mon Feb 16, 2009 4:50 am Post subject: |
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I contacted my embassy and they said they will get back to me, I will also contact the foreign affairs office, for what its worth.
If the worst comes out of this (they don't pay me, don't give me my visa) at least I will have learned a good lesson, which is in China you really need to have an escape route/fund when dealing with these companies. I would normally have money saved but I had family visit for two weeks at the start of january, then a few days after they left a friend from back home came to visit for a week. Going out for lunch/dinner/shows ect trying to entertain guests isn't cheap, and I had to dig deep.
On the bright side despite the economic crisis I've been getting job offers left and right, so I'm sure if this doesn't work out I'll be fine. |
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therock

Joined: 31 Jul 2005 Posts: 1266 Location: China
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Posted: Mon Feb 16, 2009 6:38 am Post subject: |
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If you don't have your passport go and demand it back and then quit. Were you working on an F visa? The new semester is about to start, so you should be able to find another job. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Mon Feb 16, 2009 8:23 am Post subject: |
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she wanted to renew my passport and visa and assured everything was fine |
I think you possibly may mean renew your FOREIGN EXPERTS CERTIFICATE and RESIDENCE PERMIT? Maybe? Are we getting the full story here? You're working from an original Z-visa or something else? It's been 10 weeks or more and they haven't processed, renewed whatever? Don't mean to dump on you OP, but several of us jump to give advice on what to do in this situation, but I'm getting the feeling we're only reading half the story.
If you are working on an F visa or L visa then you are probably technically not legally working in China. You have a recruiter who goes through a placement agency who places you in a school and the recruiter pays you? Who pays the recruiter so she gets her cut?
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I'm going to try calling her from other phone numbers, and seek advice from the placement company. |
At the risk of being redundant, phone calls don't work. Even if you do manage to get hold of someone via phone, they know you are not planning to come to them for a while longer so they can put you off a while longer. It seems you are being scammed and you are letting them do it! I'll say it again, good luck - - you're going to need it! |
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Sonnibarger
Joined: 15 May 2007 Posts: 320 Location: Wuhan
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Posted: Mon Feb 16, 2009 8:37 am Post subject: |
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hate to read stuff like this.. best of luck man I hope it turns out to be a good story to tell and not a reason to resent your time in China. |
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