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Public uni owes me money...what can I do?
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dakelei



Joined: 17 May 2009
Posts: 351
Location: USA

PostPosted: Tue May 19, 2009 7:01 pm    Post subject: Public uni owes me money...what can I do? Reply with quote

I'll admit I'm a bit afraid to go totally public with this and squawk too loudly so I'll withhold names for now. I'm presently owed at least 5000
yuan and possibly as much as 15,000 by a public university in Guangdong that I'm convinced is banking on me just quietly going away. This is not
some sleazy training center we're talking about here, friends. It's a
public university and has screwed several FT's out of salary and plane
fare money that was promised to them. Will shaming the place in public
forums like this one do any good at all? I really don't know what to do
next.
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Raindrops



Joined: 18 May 2009
Posts: 142
Location: PRC

PostPosted: Tue May 19, 2009 8:23 pm    Post subject: Reply with quote

If you can legally prove that they do owe you money I think that I can help you, PM the University's name.
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Robin53



Joined: 24 Oct 2008
Posts: 74
Location: New Zealand

PostPosted: Tue May 19, 2009 10:10 pm    Post subject: public uni owes me money - what can I do ? Reply with quote

Outing them here will not help you get your money. Instead, look at your SAFEA contract, and at the end it says that if you and the university can not resolve a dispute, you are entitled to go to the local Dept Education Office and ask them to mediate. If the university is definately in breach of their contract with you, the local Dept Education Office will make them pay you what is owed immediately, and invite you to "punish" the university with a fine of up to US$5000. They may also remove the university's license to hire foreign teachers.

Unfortunately its often either a lazy office worker or a rotten egg who causes these problems in an otherwise good university. However a contract is a contract, and this is one situation in which you definately have power if the university has broken the contract.

Start discretely finding out the contact person who speaks English in your local Dept Education Office where you live and call them. Action will be very swift and you will be supported 100% .
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Tue May 19, 2009 11:17 pm    Post subject: Reply with quote

Good Luck Dakelei. Update us on the outcome.
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Hansen



Joined: 13 Oct 2008
Posts: 737
Location: central China

PostPosted: Wed May 20, 2009 1:33 am    Post subject: Reply with quote

Robin, Is that a joke? Would you please tell us about the wonderful experiences you have had in discovering, righteousness, justice, and truth when assisted by the local "department of education" or even provincial level FAOs
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Wed May 20, 2009 3:01 am    Post subject: Reply with quote

Raindrops wrote:
If you can legally prove that they do owe you money I think that I can help you, PM the University's name.


I don't think that the OP will be able to send a PM because of the "50 posting" rule. Maybe you should send one to him/her and then they will be able to reply.
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Wed May 20, 2009 3:03 am    Post subject: Reply with quote

LanGuTou wrote:
Raindrops wrote:
If you can legally prove that they do owe you money I think that I can help you, PM the University's name.


I don't think that the OP will be able to send a PM because of the "50 posting" rule. Maybe you should send one to him/her and then they will be able to reply.


Scrap that idea! It appears that you don't have enough postings either!
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Wed May 20, 2009 3:07 am    Post subject: Reply with quote

I have an Idea They could collaborate and send a message to someone else who might forward it on.
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JGC458



Joined: 30 Jan 2006
Posts: 248
Location: Shanghai

PostPosted: Wed May 20, 2009 3:14 am    Post subject: Reply with quote

First off, ultimately only you can decide what to do, and anything anyone on here says may not necessarily have any bearing on your situation.

That said, I've been in China 3 years and had lots of "nagging" from my Chinese wife about the best ways to deal with Chinese people/staff.

If I were in your situation I might first try to solve the problem amicably without shaming anyone. Perhaps stress how you are surprised and disappointed that the contract is not being honoured. Of course, you need to be an innocent party for this to have a chance of working. If you've broken the contract or try to threaten them you lose the "moral high ground". Have written proof (dated, names, etc) that you have requested the situation to be resolved - perhaps emails to and from the school would be enough for this?? Give the school (and tell the school they have) a reasonable amount of time to solve the problem - though now we're at the end of the semester you can't give them too much time.

If they fail to resolve the problem in the given time then go to arbitration. Again, be reasonable and calm and state how sorry you are that you have had to resort to this action. Arbitration may not work, but it will have a better chance of working if it is very clear that ONLY you are the innocent party/victim. If you muddy the waters with threats and wild accusations and actions then you may be seen as a trouble maker.

If arbitration doesn't work - if the school is too well connected - then there's probably nothing you can do anyway.

One important point though. Be very careful about getting irate and screaming and shouting. If the problem is one lazy/decietful school emplyee then perhaps being firm/forceful with him/her may work. But if you start getting angry with lots of staff then you may be seen as being disrespectful of the Chinese in general, and people may not want to help you simply on principle.

Anyway, just my thoughts, just what I might do. You decide what's best for you.

Good luck.


Last edited by JGC458 on Wed May 20, 2009 4:07 am; edited 1 time in total
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Raindrops



Joined: 18 May 2009
Posts: 142
Location: PRC

PostPosted: Wed May 20, 2009 3:42 am    Post subject: Reply with quote

Well put JGC458

http://www.safea.gov.cn/

86-10-68948899
86-10-68940923
[email protected]

Call, they will switch you to an English speaking pers.
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suanlatudousi



Joined: 10 Oct 2008
Posts: 384

PostPosted: Wed May 20, 2009 3:57 am    Post subject: Reply with quote

JGC458 wrote:

If I were in your situation I might first try to solve the problem amicably without shaming anyone.

Again, be reasonable and calm and state how sorry you are that you have had to resort to this action.

One important point though. By very careful about getting irate and screaming and shouting.


Far too subservient. Basically, the implication here is that, by kissing their asses, you might get what you want.

This Mickey Mouse attitude about saving face and so on will never force anyone to change business practices.

It seems that by them committing grand larceny, breach of contract, and tax evasion (as I'm sure they didn't pay tax on any salary they didn't pay you), that you you should then get on your knees and kiss ass.

Act like a human being, demand what is yours, take all appropriate legal recourse, and show them how business is done in the west. The last point is relevant considering China's desire to entire the world-wide economy full-steam.

1 RMB is 1 RMB, but it's mine.
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dakelei



Joined: 17 May 2009
Posts: 351
Location: USA

PostPosted: Wed May 20, 2009 4:32 am    Post subject: a little more info Reply with quote

I'm no longer living in the city where all this transpired and I have no idea who the Ed. Department person is. At one point a Chinese woman who claims to "know" people called the FAO director to help me and he agreed to pay me. It never happened. The problem, as they see it, is that I never actually left the country and am therefore entitled to nothing as far as plane fare is concerned. That simply isn't what the contract says. I was supposed to be paid something like half the value of the plane fare a month or so after I arrived and never was. I didn't even notice this in the contract until I was nearly done, to be honest, and I was trying to chase down ANY money they would give me. I would gladly settle for even that first half of the plane money and if they feel they don't owe me the rest because I stayed in the country, heck, I could live with that. I lingered at the school until my Residence Permit was dangerously close to expiring, hoping for some sort of resolution to this before I left. I finally accepted a position in another city, in haste, and moved, without the money. I wound up never getting my last month's salary, either.

My email address is publicly posted at my profile so anyone who wants to contact me can do so if you feel like it. I'd appreciate any help you might offer.
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JGC458



Joined: 30 Jan 2006
Posts: 248
Location: Shanghai

PostPosted: Wed May 20, 2009 4:37 am    Post subject: Reply with quote

suanlatudousi wrote:
JGC458 wrote:

If I were in your situation I might first try to solve the problem amicably without shaming anyone.

Again, be reasonable and calm and state how sorry you are that you have had to resort to this action.

One important point though. By very careful about getting irate and screaming and shouting.


Complete garbage. Basically, the implication here is that, by kissing their asses, you might get what you want.

This Mickey Mouse attitude about saving face and so on will never force anyone to change business practices.

It seems that by them committing grand larceny, breach of contract, and tax evasion (as I'm sure they didn't pay tax on any salary they didn't pay you), that you you should then get on your knees and kiss ass.

Act like a human being, demand what is yours, take all appropriate legal recourse, and show how business is done in the west.

1 RMB is 1 RMB, but it's mine.


Ok, as appears to be usual, suanlatudousi's "advice" is extreme.

Just remember OP that you are a foreigner in a foreign land and in practice have few rights and little way of asserting them. As far as I can tell, you simply want the money that is owed you, so no need to try to change the system; work with it.

Helping people to help you is the way of least resistance and is more likely to get you what you want. And people everywhere (especially China) are more likely to help you if you don't offend them. In China, "kissing ass"/using diplomacy is the (best) way to get things done. Unless you have the kind of power/status that FTs usually don't have, screaming and shouting will often be counterproductive.

I don't suggest you get on your knees, that's not necessary and isn't advisable, but I also wouldn't suggest you acting as though you are back in your home country. Try to accept the reality of the situation. This is China, the rules are different (and suanlatudousi, none of us are going to change them).
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JGC458



Joined: 30 Jan 2006
Posts: 248
Location: Shanghai

PostPosted: Wed May 20, 2009 4:44 am    Post subject: Reply with quote

OP, I have a feeling that you may have left it too late. Maybe other posters may know what you could try doing.

[suanlatudousi, nice to see you becoming a little less extreme...even if it is under duress.]
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Wed May 20, 2009 5:07 am    Post subject: Re: a little more info Reply with quote

dakelei wrote:
I'm no longer living in the city where all this transpired and I have no idea who the Ed. Department person is. At one point a Chinese woman who claims to "know" people called the FAO director to help me and he agreed to pay me. It never happened. The problem, as they see it, is that I never actually left the country and am therefore entitled to nothing as far as plane fare is concerned. That simply isn't what the contract says. I was supposed to be paid something like half the value of the plane fare a month or so after I arrived and never was. I didn't even notice this in the contract until I was nearly done, to be honest, and I was trying to chase down ANY money they would give me. I would gladly settle for even that first half of the plane money and if they feel they don't owe me the rest because I stayed in the country, heck, I could live with that. I lingered at the school until my Residence Permit was dangerously close to expiring, hoping for some sort of resolution to this before I left. I finally accepted a position in another city, in haste, and moved, without the money. I wound up never getting my last month's salary, either.

Depending on how long ago it all happened and your current financial status (if you're not hurting for money), I would (grudgingly) let it go. It just sounds like too much hassle after the fact and from another city to get it sorted out.

OTOH, if you do pursue it, get all your facts down on paper in chronological order, emails, phone calls, names of people spoken to, answers given, and present it to the right person in the local labour bureau. See what they can do.

You might get SOME satisfaction by posting a negative review of the place on one of these esl sites. After all, its the least this place deserves. If you do this, leave out just enough detail so that the negative review can't be directly tied to you.
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