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A little bit of the old bait and switch

 
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colevich



Joined: 15 Aug 2009
Posts: 10
Location: Wenzhou, China

PostPosted: Wed Oct 28, 2009 5:08 am    Post subject: A little bit of the old bait and switch Reply with quote

So I'm working at one of those less than savory mills that any experienced person would know to steer clear of. I need some advice on how to deal with it (ie. I'm still on a tourist visa).

Before leaving home I was offered a nice salary and a night/weekend schedule. Yes, perhaps a lazy schedule by some accounts. But now that I'm here (~1 month) I'm getting 1000 yuan less than previously mentioned. The mill told me I have to work in a public school during the weekday mornings to "make up for the hours" I don't have classes at our place. I'm already feeling burnt out and the lack of decent food in this "city" doesn't help matters. It feels like I was scammed.

Do I sound like a crabby Cathy? Should I jump ship? Is there any way I can approach the matter of canceling public school with success (and other areas of the "contract")?
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Wed Oct 28, 2009 5:22 am    Post subject: Reply with quote

Get out the night after you get your next pay-check.
If you want a new job - start looking now - if you only have a limited amount of time on your L you can get it extended - or get a new one in HK.
That is, I hope you have your passport and its not in the hands of your shark employers.
Don't breath a word of your leaving to anyone - there's no honor given or taken in the EFL mill game - if you're treated as a lump unthinking meat, then it's best to act like one Idea
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norwalkesl



Joined: 22 Oct 2009
Posts: 366
Location: Ch-Ch-Ch-Ch-China

PostPosted: Wed Oct 28, 2009 6:09 am    Post subject: Re: A little bit of the old bait and switch Reply with quote

colevich wrote:
So I'm working at one of those less than savory mills that any experienced person would know to steer clear of. I need some advice on how to deal with it (ie. I'm still on a tourist visa).

Before leaving home I was offered a nice salary and a night/weekend schedule. Yes, perhaps a lazy schedule by some accounts. But now that I'm here (~1 month) I'm getting 1000 yuan less than previously mentioned. The mill told me I have to work in a public school during the weekday mornings to "make up for the hours" I don't have classes at our place. I'm already feeling burnt out and the lack of decent food in this "city" doesn't help matters. It feels like I was scammed.

Do I sound like a crabby Cathy? Should I jump ship? Is there any way I can approach the matter of canceling public school with success (and other areas of the "contract")?


How long have you been at this mill?
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Sinobear



Joined: 24 Aug 2004
Posts: 1269
Location: Purgatory

PostPosted: Wed Oct 28, 2009 6:47 am    Post subject: Reply with quote

How to deal with "make up hours"? Easy. Tell your school that you agreed to 'x' number of hours at 'y' location. It's not your responsibility if they cannot provide/schedule those hours. Refuse to be farmed out without renegotiating your contract.

If your host doesn't budge, simply state that they are in breach of the contract and in lieu of the breach penalty, you want a reference letter, all monies due, and kiss the situation goodbye.
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colevich



Joined: 15 Aug 2009
Posts: 10
Location: Wenzhou, China

PostPosted: Wed Oct 28, 2009 6:53 am    Post subject: Reply with quote

I've been here almost two months on a 90 day L visa. I will likely have to sell my soul (get a Z visa) next week, but who knows, they don't tell me anything. They will probably try to pay me after that ...shit

Luckily I'm holding on to my passport. Sorry if this is off topic, but can I get an extension on a visa that's already 90 days? I doubt it.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Wed Oct 28, 2009 7:42 am    Post subject: Reply with quote

You really need to refer to your contract, which we have no knowledge of. As you are working illegally unless your Res Perm is currently being procesed (doubtful as you have your passport) you have no legal recourse. You should have received it already.

1. Does your contract specify your workplace or duties? If not, they can request that you fill your hours.

2. There is no way that they can underpay you if they have not given you the extra hours before now. Fight for it.

3. I don't understand why you're burnt out when you say you have an easy schedule and have only been working for 1 month! What's with that? You'll really burn if you have to work the morning shift and also evening shift.

4. In spite of the above, I agree that you should try:
i. contacting the local PSB for a visa extension and then finding an employer who can covert it (difficult but possible).
ii. Going to HK and renewing so you can search.
iii. Getting a business visa and finding work.
iv. Telling your current employer you want your current duties but will accept 500 rmb/mo, less if it's under contract hours.

Whatever you choose, if you can't stand it you need to leave immediately after your next paycheque without telling anyone. Before that time, make every effort to recover any underpayment from last month.

RED
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colevich



Joined: 15 Aug 2009
Posts: 10
Location: Wenzhou, China

PostPosted: Wed Oct 28, 2009 7:53 am    Post subject: Reply with quote

Ah, didn't see your post there Sinobear. That makes sense but what if the contract says "the center reserves the right to send the teacher to an affiliated center to make up the full compliment of hours." Of course, public school wasn't the sort of 'center' I imagined when I signed the contract...
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Wed Oct 28, 2009 8:06 am    Post subject: Reply with quote

How many other Ft's does this outfit have - what are their feelings about working there??

You can gauge from them how easy it is to negotiate with your employer - if you are the only FT or the whole bunch are newly employed - then maybe you should be thinking the worse Idea
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Wed Oct 28, 2009 8:28 am    Post subject: Reply with quote

As a newcomer, you may not have realized that the affilliated centre may be in a small town 3 hours away from where you live in some ratty building with no windows. This is part of the learning experience dealing with employers here. If they can do it, they will. Many don't survive the first round. Those who do learn to put things into or take things out of the contracts they sign if the clause is vague or exploitable.

So, it seems that you agreed to what they're proposing. No matter, you're an illegal worker, and they're an illegal employer. So when you go to extend your visa for Pete's sake don't tell them you're working!

RED
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Sinobear



Joined: 24 Aug 2004
Posts: 1269
Location: Purgatory

PostPosted: Wed Oct 28, 2009 9:34 am    Post subject: Reply with quote

Colevich: Say to your employers, "Sure, if the Affiliated centers are legally approved to hire FTs...no problem. If not, we renegotiate. Everything."

If you need more help, do not hesitate to PM me.


Cheers!
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alter ego



Joined: 24 Mar 2009
Posts: 209

PostPosted: Wed Oct 28, 2009 10:09 am    Post subject: Reply with quote

How many classes are you teaching per week at the mill? How many classes are they asking you to teach at the public school? How many TOTAL hours does your contract say they can make you teach?

What you've signed on for is a classic scenario where your employer can make you do split shifts and teach outside classes so they can get the maximum number of hours that your "contract" says you have to do.

I agree with Vikuk on this one: Take the extra hours, keep working, and save a few paychecks (at least two if you can hold on for that long). After you get that second or third paycheck you can either 1) confront your employer about the situation or 2) run Forrest run.

I think it's probably a waste of time to try to discuss the situation with your boss or employer. You signed their contract, so they already think it's a fair and equitable way to do business. It's a safe bet that they don't care if the extra hours and split shifts make you unhappy or burn you out.

They knew what they were going to do with your schedule from the beginning, and once you signed the contract, game over, at least from a negotiation standpoint.


Last edited by alter ego on Wed Oct 28, 2009 1:58 pm; edited 1 time in total
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colevich



Joined: 15 Aug 2009
Posts: 10
Location: Wenzhou, China

PostPosted: Wed Oct 28, 2009 12:33 pm    Post subject: Reply with quote

Negotiations may still be possible. Out of five teachers, two have recently left and they still have not found replacements. That should give me some leverage right? Also, since I don't have a Z visa yet that should help with negotiations or am I being naive?
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Sinobear



Joined: 24 Aug 2004
Posts: 1269
Location: Purgatory

PostPosted: Wed Oct 28, 2009 12:46 pm    Post subject: Reply with quote

If your school is not legally able to hire FTs, you're up the creek. There's no such thing as "irreplaceable" here, schools WILL cut off their nose to spite (or to save face, but that's another issue altogether) their face.

Deal with each issue separately and thoroughly. Do not expect or depend on the other FTs...they will have their own agendas and expectations.

At this point, you should either consider demanding your due, or bailing. Demanding your due means giving a definite (yet reasonable) time for them to accomplish what you demand. Don't make threats without being ready and able to stand by them. Bailing, a.k.a the 'midnight run' is executed without letting ANYONE know your plans or intentions. You might lose out on money/benefits owed, but at least you'll have your dignity.

Cheers!
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Wed Oct 28, 2009 1:09 pm    Post subject: Reply with quote

Quote:
Out of five teachers, two have recently left

also means your company may be more likely to lie or try and deceive to you - just to make you stay. If they're already understaffed they'll try typical methods of trying to keep you on - but in this game bad employers rarely offer more money or fewer hours. You've already had a warning of how tightfisted they are by being paid 1000RMB less than the promised wage !!!!!!!
The only solution to their problem is to heap 5 teachers load of work onto 3 - negotiation over hours is more likely to succeed if your company had its full compliment of FT's - enough teachers to take on the full workload.
A typical employer scenario in such a case is to keep on promising meetings or decisions over cutting your hours - without any of these being carried out - for them its a day to day process of keeping you going to teach as many classes as possible. If they are actively looking for new FT's - the likelihood of them finding some - should also be of major interest to you and your fellow teachers.
Have any other of the FT's at the company had to re-negotiate their contracts? The success they had will indicate if you have any likelihood of succeeding.
Quote:
since I don't have a Z visa yet that should help

At the moment don't let that passport out your sight - that's your ticket out the job - in extreme cases its been known for companies to hold onto them just to keep the FT from running.
If you were to get a Z visa - that company has more of share of your ass - and legally speaking you are obliged to fulfill contract obligations that may state penalties if you decide to break them.
At the moment you're still more or less a free-agent - but of course you're breaking the law. Working for a company that brings over a newbie and places them in that kind situation - should tell you a lot about the tactics they'll likely use in any negotiation over pay and hours Idea
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alter ego



Joined: 24 Mar 2009
Posts: 209

PostPosted: Wed Oct 28, 2009 1:53 pm    Post subject: Reply with quote

colevich wrote:
Negotiations may still be possible. Out of five teachers, two have recently left and they still have not found replacements. That should give me some leverage right? Also, since I don't have a Z visa yet that should help with negotiations or am I being naive?


The negotiations ended when you signed their contract. They will soon find new teachers to replace the ones who left. You have zero leverage. They probably have no intention of getting you a Z visa. Even with a perfectly executed hand of poker, complete with flawless bluffing, the chance of changing these facts is probably slim to none.

Not sure if you're being naive, but I'm pretty sure you're learning, which always a good thing, right? Wink
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