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Terminating contracts

 
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SeoulDee



Joined: 06 Apr 2009
Posts: 4

PostPosted: Tue Apr 07, 2009 4:02 pm    Post subject: Terminating contracts Reply with quote

I'm just wondering what the situation is in China if someone wanted to end their contract prematurely? Is this normally quite an easy thing to do? Just give a months notice and then you can legally leave the country?
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suanlatudousi



Joined: 10 Oct 2008
Posts: 384

PostPosted: Tue Apr 07, 2009 4:05 pm    Post subject: Reply with quote

This is covered in SO MANY other threads

Read the contract in question
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Sat Apr 11, 2009 7:53 am    Post subject: Reply with quote

If you have not signed a contract with a school, engage a school in dialog to work for the school. Ask for a copy of the contract if the school is interested in you.

The SAFEA supposedly issues standard contracts, but my experience is that variations exist among contracts which range from slight to major.

Usually, you will forfeit a portion of the salary due to you for that pay period, and/or pay a penalty for ending the contract without cause. You will also have to figure out how to get from your school to the airport if you decide to leave China.

Once you begin to travel down that road, the complications may snowball.
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suanlatudousi



Joined: 10 Oct 2008
Posts: 384

PostPosted: Sat Apr 11, 2009 8:10 am    Post subject: Reply with quote

And for the record, skipping out on your contract has nothing to do with "legally leaving the country"
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China.Pete



Joined: 27 Apr 2006
Posts: 547

PostPosted: Sun Apr 12, 2009 11:33 am    Post subject: How Easy? Reply with quote

"Is this [ending your contract early] normally quite an easy thing to do?" -- Seoul Dee

If your contract stipulates a notice period, and you avail yourself of this, then leaving will undoubtedly be simpler. If not, you will just have to try and work something out with your school. Remember that they were relying on you to meet a staffing need, and have spent a certain amount of time and money on your recruitment and residency. Therefore, your willingness to give them sufficient time to find a replacement or reimburse them for such things as visa and health check fees (assuming they and not you paid for this in the first place) could go some way toward making your departure easier. I have not personally seen anyone slapped with a penalty payment, though it's a theoretical possibility. Leaving should be a last resort, however, and not merely because you fancy working somewhere else, since an early departure could also complicate your future employment prospects in China (think release letter and recommendations).
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alter ego



Joined: 24 Mar 2009
Posts: 209

PostPosted: Wed Apr 15, 2009 10:50 pm    Post subject: Reply with quote

How long have you been there? I once worked at a school that had a three-month probation period in their contract during which time either party could give a one week (7 day) termination notice. The fine print is usully the final word in this type of situation. Good luck.
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