Job Discussion Forums

adw · Joined: 26 Apr 2009 Posts: 49

If, for whatever reason, I want to break a one year contract, is this possible ? If so, what are the "penalties" in general ?
(I am not intending to break a contract deliberately, but I can imagine there could be many (psycological) reasons which could lead to the decision that "enough is enough".

suanlatudousi · Joined: 10 Oct 2008 Posts: 384

Well, some of the penalties are specifically written in the contract - check the web or a few recent threads with sample contracts.

naturegirl321 · Joined: 04 May 2003 Posts: 9041 Location: home sweet home

Some contracts don't have penalities if you give enough notice.

Other have a trial period and can let you go with no or little notice during that time. Or will let you go, but not pay you money for breaking the contract.

Yet if you break contract, even with notice, they will demand a fine.

In China, I broke my first contract because the Chinese partner was stealing from the school and the school was closing. And left my second contract one week early to start a job in Peru. Neither time was I fined. Maybe I got lucky.

I've heard of other teachers who pull runners due to the fines. If you do this, be aware that in order to teach at another school in China you will need a release letter from your employer. So if you pull a runner, you might not be able to work in China until your Z visa expires.

Moon Over Parma · Joined: 20 May 2007 Posts: 819

All of what I write is based on the assumption that you are working for a university. Some specifics regarding your situation would go a long way towards offering you more specific advice.

If you're not going to stay in China, nor ever plan to return: you could pull a runner. Just pack your bags and split. Literally. Make sure you have your ticket and you are out of the country before the next work day. Tell no one until you're safely out of the country. Do this on the night before a weekend. That gives you plenty of time. The May day holiday would have been perfect for such a thing.

If you want to change jobs and stay in China then there is always the option to negotiate. Now is a good time. It's near summer. They have plenty of time (by Chinese standards) to find a replacement before the next semester begins in late August/July. That's a positive. Also, if you offer to finish the semester on the up-and-up, some universities will not piss all over that gesture and see that as some kind of face-giving. If you do not rally the students against the school, etc. and do all of your work, it is not unheard of for a university to agree to breaking of the contract.

One factor that can work against you, if you are simply seeking greener pastures in-country, might be accepting work at another university in the same city. That could be a "face" issue that works against you.

In the end, if you're simply wanting to leave without a headache and your relationship with the school is not filled with acrimony, then a meeting where you offer to finish out the semester and then leave without making a fuss might suffice. If that fails, go to a hospital with a psychological ward, bring a teacher from the school with you, and go in and lay out how you're depressed and can't handle the pressure and you're unsure if you should remain in China or go home. Usually the doc will tell you to go home and sign a letter recommending it. Take it to the school, give it to them and in some provinces that might constitute a legal reason to terminate the contract because of extraneous circumstances., and without a penalty. Your ability to convince them you are not crazy but simply homesick and depressed and worried about your physical health - not mental - and you don't know if you should go home or stay in China.

In the end, it's all about why you want to leave your school mid-contract. I have experience leaving a university mid-contract because the FAO was a real tool, working under her was atrocious, and I had had enough of the water outages and power outages that affected the quality of my life. I agreed to finish the semester and fulfill my duties as if everything was normal. I did, received a recommendation letter, a release letter, and full reimbursement of my airfare. I was not denied money owed to me. This happened after several meetings. One was an attempt to remedy the situation. However, the behavior of the FAO was the same old incompetence as before, with no attempt at repairing the relationship, so it worked to my favor. I gave them a full month and a half's notice that fell within the agreement of the contract. It was before the summer semester and they had time to find a replacement. So, it is possible to leave without anyone losing anything. It just isn't a consistent thing to bank on, here in the land of perpetual inconsistency.

adw · Joined: 26 Apr 2009 Posts: 49

Clear !

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

OP, are you still waiting at the airport? Smile

adw · Joined: 26 Apr 2009 Posts: 49

Are you the one who was going to pick me up ? Laughing

LanGuTou · Joined: 23 Mar 2009 Posts: 621 Location: Shandong

OP, I would assume from your airport thread, that you are working on a 'F' visa anyway. Therefore, if you want to do a runner, just go! I cannot believe that neither yourself nor the institute that you are employed at have any real recourse.

Before leaving China, do some basic research. There are some universities and colleges that do have sufficient "guanxi" to get you a 'z' visa invitation letter even if you only have a teaching certificate. Unfortunately, these institutes are generally at the bottom of the teaching scale and you would have little room for negotiation because of your lack of a degree certificate.

In your CV/resume, just omit the entry related to your current post, get an invitation letter, leave China and return with a 'z' visa. Job done! You can then start afresh.

Good luck!