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cardboardbird
Joined: 15 Nov 2007
Posts: 30
Location: On the road
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 Posted: Mon May 25, 2009 1:29 am Post subject: Bailing on a contract when a better offer comes along |
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How binding is the initial contract signed when a school first offers a job (Before an invitation letter is sent)?
I�ve been looking for a job for September and signed a contract with a college in Jiangsu. But now a Uni in Shanghai has made a better offer, a much better offer. Both schools are state school (not private language mills) and I�m still in my home country.
Ethics aside, can I just tell the first school I have changed my mind and sign with the Shanghai Uni? Or will the first school be able to say I broke the contract and make be pay a breach fine or blacklist me?
Should I sign with both and wait for them both to send an invitation letter and then use the one I want to get the Z-visa? Will it be checked that I have two invitation letters when I apply for the Z-visa. Anyone done this before?
All advice/experiences appreciated. |
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Raindrops
Joined: 18 May 2009
Posts: 142
Location: PRC
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| Posted: Mon May 25, 2009 2:12 am Post subject: Re: Bailing on a contract when a better offer comes along |
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| cardboardbird wrote: |
Ethics aside, can I just tell the first school I have changed my mind and sign with the Shanghai Uni? |
Back in the days I received what looked like an invitation letter. Soon after my arrival I was told that I would actually start in 4 months because the original teacher that was canceling his contract had changed his mind (which actually was the truth) "But we want you very much for next time!" they said! 
Did they bother to contact my cell, email? Nope, they too had played both cards until game ended.
| cardboardbird wrote: |
Or will the first school be able to say I broke the contract and make be pay a breach fine or blacklist me? |
Nope, not a chance.
| cardboardbird wrote: |
Should I sign with both and wait for them both to send an invitation letter and then use the one I want to get the Z-visa? |
Best idea so far.
| cardboardbird wrote: |
Will it be checked that I have two invitation letters when I apply for the Z-visa. Anyone done this before? |
Thousands. How would they check for it anyway?
Remember that more than half are working illegally! Lots of contracts aren't fully honored by schools, it's a jungle out there. |
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Hansen
Joined: 13 Oct 2008
Posts: 737
Location: central China
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| Posted: Mon May 25, 2009 3:06 am Post subject: |
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Rain drops,
Did the school provide housing and a stipend until you started teaching?
OP,
Tough situation. What's the value of your word? |
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Raindrops
Joined: 18 May 2009
Posts: 142
Location: PRC
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| Posted: Mon May 25, 2009 5:13 am Post subject: |
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| Hansen wrote: |
Rain drops,
Did the school provide housing and a stipend until you started teaching?
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Excellent question!
Nothing at all; I had to wait for the FT to leave.
They would have offered a place to stay I would have been able to managed the waiting period working at some language mill. They explained that he had to "vacant his apartment first". |
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englishgibson
Joined: 09 Mar 2005
Posts: 4345
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| Posted: Mon May 25, 2009 7:36 am Post subject: |
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out of your context, "some language mill" has caught my attention. i've always thought that unis don't pay as much. well, unless you are a prooofesssor of some fine subject there.
cheers and beers |
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JGC458
Joined: 30 Jan 2006
Posts: 248
Location: Shanghai
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| Posted: Mon May 25, 2009 8:28 am Post subject: Re: Bailing on a contract when a better offer comes along |
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| cardboardbird wrote: |
| How binding is the initial contract signed when a school first offers a job (Before an invitation letter is sent)? |
cardboardbird, what do you mean by "initial contract"?? I only ever sign one contract with a school. The nearest I've come to what you seem to be talking about is having agreed (by email) to work (exclusively) at two different schools before having signed THE contract with either. I've never signed some pre-contract contract.
If all you've done is agree by email then legally I don't think there's much the school can do. And to make things easier for you - and in some ways for the the school - and not burn your bridges, you might tell them a little white lie about no longer being able to go to China coz of some family/work/visa/other problem. I wouldn't tell them that you have a better offer and are thus dumping them. |
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suanlatudousi
Joined: 10 Oct 2008
Posts: 384
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| Posted: Mon May 25, 2009 8:50 am Post subject: |
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Having signed the e-mailed version of the contract sent to you in your home country means NOTHING if you haven't received your Invitation Letter and gotten your Visa as well as your Foreign Expert Certificate, there is little to nothing an employer can do.
Though, in my opinion, you've signed a contract and have an obligation.
Everyone complains about how a school doesn't keep its word, violates terms of the contract, and so on, yet you've already broken your word. That's a sign of bad things to come. |
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kev7161
Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China
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| Posted: Mon May 25, 2009 9:57 am Post subject: |
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| I say make up your mind and tell the school NOW and not later. This way the school can look for another teacher NOW. It's business first, professional courtesy second. Meaning, the school would probably understand that you have changed your mind (whatever reason you give them). I'm sure it's not the first, nor will it be the last. The professional courtesy is taking care of it right away and not leading them on. Sure, there are schools out there that screw prospective new FTs over, but why be part of that game when you can do the right thing and politely and gently back out NOW. |
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JGC458
Joined: 30 Jan 2006
Posts: 248
Location: Shanghai
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| Posted: Mon May 25, 2009 10:39 am Post subject: |
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I thought about advising you to tell the other school as soon as possible/now that you don't want to work for them, but I decided against it. Telling them would be the fairest thing to do and would give them more time to find a replacement. But if the 2nd school falls through then you no longer have that 1st school to fall back on.
Some posters will tell you to act "professionally". But why should we lose out trying to act professionally when schools (typically) won't think twice about dropping us (even after a contract is signed) if it means they can save a few yuan.
At the end of the day it's up to you what you do. Though bear in mind it does make sense to look out for number one which, btw, here in China, is definitely the Chinese thing to do. |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Mon May 25, 2009 10:44 am Post subject: |
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| Quote: |
| Some posters will tell you to act "professionally". But why should we lose out trying to act professionally when schools (typically) won't think twice about dropping us (even after a contract is signed) if it means they can save a few yuan. |
Dont say a word til your sure, that is professional in China ... |
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JGC458
Joined: 30 Jan 2006
Posts: 248
Location: Shanghai
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| Posted: Mon May 25, 2009 10:57 am Post subject: |
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| evaforsure wrote: |
| Dont say a word til your sure, that is professional in China ... |
I take it you're agreeing with me/have roughly the same point of view, but are adding that not telling the 2nd school would be acting professionally in China
[Ooops, not telling the 1st school]
Last edited by JGC458 on Mon May 25, 2009 1:31 pm; edited 1 time in total |
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Teatime of Soul
Joined: 12 Apr 2007
Posts: 905
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| Posted: Mon May 25, 2009 12:56 pm Post subject: |
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| Why would one be entertaining offers after having already accepted a position? |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Tue May 26, 2009 1:37 am Post subject: |
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To use the first job as insurance while searching for a more lucrative offer....
| Quote: |
| I take it you're agreeing with me/have roughly the same point of view, but are adding that not telling the 2nd school would be acting professionally in China |
Purely a business matter.....and the professional tone in China is to gain advantage by deception or by not revealing all options so as to be able to pick the best job, most suited to your goals... |
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cardboardbird
Joined: 15 Nov 2007
Posts: 30
Location: On the road
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| Posted: Tue May 26, 2009 1:44 am Post subject: Re: Bailing on a contract when a better offer comes along |
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| JGC458 wrote: |
| cardboardbird wrote: |
| How binding is the initial contract signed when a school first offers a job (Before an invitation letter is sent)? |
cardboardbird, what do you mean by "initial contract"?? I only ever sign one contract with a school. |
By initial contract, I mean the one they asked me to sign and email back. They tell me its so they can get the invitation letter (yes, it does sound like bs to me).
From what I understand you have to sign a contract again once when you start arrive at the school. This is would be the binding one? |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Tue May 26, 2009 1:50 am Post subject: |
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| Quote: |
| From what I understand you have to sign a contract again once when you start arrive at the school. This is would be the binding one? |
I have yet to see a binding contract in China... |
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