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ChairmanMeow
Joined: 03 Oct 2009
Posts: 8
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 Posted: Sat Oct 31, 2009 4:39 am Post subject: 6-week notice and 3000 rmb breech penalty |
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Is it normal for a private school to have a six-week notice clause (if you decide to leave) and a 3000 rmb breech penalty?
How do they collect the breech penalty if you run? |
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Renegade_o_Funk
Joined: 06 Jun 2009
Posts: 125
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| Posted: Sat Oct 31, 2009 4:52 am Post subject: |
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Last edited by Renegade_o_Funk on Wed Mar 03, 2010 2:05 am; edited 1 time in total |
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LanGuTou
Joined: 23 Mar 2009
Posts: 621
Location: Shandong
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| Posted: Sat Oct 31, 2009 10:41 am Post subject: |
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Why six weeks? Because presumably it covers TWO paychecks over a two month period if timed correctly. My guess is that they will withhold the first paycheck and tell you it will be added to the final paycheck when you leave.
HOWEVER:
As RoF has pointed out, I would also guess that the chance of seeing any of your last two months' paychecks are slim to neglible at best. You could end up losing EIGHT weeks' pay!  |
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monkeymind
Joined: 18 Sep 2007
Posts: 11
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| Posted: Sun Nov 01, 2009 1:54 am Post subject: |
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If you run but remain in China the PSB can track you down and make you pay. It's not hard for them as you have to register your accommodation wherever you go. It happened to a former coworker of mine.
As many people are constantly pointing out on these forums, running should really only be done in the worst case scenarios. It just continues the cycle of bad teachers and bad schools and makes it worse for those of us trying to make a living at this game. If you really want to go then "man-up", tell the school and work something out with them. |
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alter ego
Joined: 24 Mar 2009
Posts: 209
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| Posted: Sun Nov 01, 2009 6:12 am Post subject: |
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It's not normal, but probably not abnormal in China.
I once left a job in South Korea early, giving my notice after six months, when my contract stated I was allowed to give my 30 days without financial penalty. The school asked me to stay until they found a replacement, which took two months, and I did. If you want to leave, I think it's best to be upfront, follow the contract, and tell them you can stay until a replacement is found. You never know, it might only take less than six weeks for them to find a new teacher but either way it's pretty much a win-win for everyone. |
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chinatwin88
Joined: 31 Aug 2009
Posts: 379
Location: Peking
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| Posted: Sun Nov 01, 2009 6:22 am Post subject: |
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monkeymind quote: If you run but remain in China the PSB can track you down and make you pay.
Funny, as the PSB are involved with criminal allegations and the overseeing of foreigner workers but in no way have any input az2 civil claims. |
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monkeymind
Joined: 18 Sep 2007
Posts: 11
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| Posted: Mon Nov 02, 2009 1:02 am Post subject: |
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| well, I guess I'm assuming it was the PSB. I talked to him on the phone when he was out of the country, and his side of the story also included police of some sort coming to his hotel room and making him pay money for breaching his contract. I don't see any reason for him to make that up. |
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chinatwin88
Joined: 31 Aug 2009
Posts: 379
Location: Peking
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| Posted: Mon Nov 02, 2009 4:17 am Post subject: |
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| As it is a contract, it would take a court to make a judgement. |
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colevich
Joined: 15 Aug 2009
Posts: 10
Location: Wenzhou, China
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| Posted: Mon Nov 02, 2009 6:28 am Post subject: |
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| monkeymind wrote: |
| As many people are constantly pointing out on these forums, running should really only be done in the worst case scenarios. It just continues the cycle of bad teachers and bad schools and makes it worse for those of us trying to make a living at this game. If you really want to go then "man-up", tell the school and work something out with them. |
I agree with "manning-up" but what happens when you have an 8000 breach of contract penalty? That's more than I make in a month! |
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jamesmollo
Joined: 26 Apr 2007
Posts: 276
Location: jilin china
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| Posted: Mon Nov 02, 2009 8:11 am Post subject: breach penalty |
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| The p.s.b doesn't get involved in civil matters. In my personal experience where there was a 20,000 breach penalty, I just left and remained in the same province. don't worry about. Just get your last pay check and gap it. |
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Renegade_o_Funk
Joined: 06 Jun 2009
Posts: 125
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| Posted: Mon Nov 02, 2009 9:46 am Post subject: |
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has anyone personally had the psb come to you, and force you to pay money ? It seems like if they are in the job of being the local bill collectors for spats between teachers & schools, they would be constantly shaking down the schools for money owed to teachers.  |
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motown
Joined: 07 Jun 2008
Posts: 68
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| Posted: Mon Nov 02, 2009 10:32 am Post subject: Re: breach penalty |
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| jamesmollo wrote: |
| The p.s.b doesn't get involved in civil matters. In my personal experience where there was a 20,000 breach penalty, I just left and remained in the same province. don't worry about. Just get your last pay check and gap it. |
I would take this persons advice but not remain in the same province.
To the best of my knowledge all of your documents or copies were submitted to the capital of the province and they will have your information on file along with any possible school complaints. This could influence the job search in that area.
Check other posts from this forum and you'll see that others in your situation have found work in a different province and were not bothered by the PSB provided that you have never done anything criminal ( as in violent crime). Civil matters do require some sort of court documentation.
If you are thinking of running then that suggest that you don't trust your employer. Your instincts are probably right. Look at the other foreign teachers (and even Chinese teachers) at your school. Do any of them smile? If the answer is no ...well....there is a reason for that.
You know your situation the best. Take what people say on this forum, including myself, with a grain of salt. Good luck. |
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monkeymind
Joined: 18 Sep 2007
Posts: 11
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| Posted: Tue Nov 03, 2009 12:10 am Post subject: |
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| You're right. I didn't realize it before, but obviously this story couldn't have happened. You see, China is a country ruled by a very clear legal system, which is easily understood by even foreigners. Part of the goals of this legal system is to check the powers of private enterprise and protect the rights of employees. Furthermore, in China, things are done according to the letter of the law or not at all. |
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monkeymind
Joined: 18 Sep 2007
Posts: 11
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| Posted: Tue Nov 03, 2009 3:33 am Post subject: |
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| colevich wrote: |
| monkeymind wrote: |
| As many people are constantly pointing out on these forums, running should really only be done in the worst case scenarios. It just continues the cycle of bad teachers and bad schools and makes it worse for those of us trying to make a living at this game. If you really want to go then "man-up", tell the school and work something out with them. |
I agree with "manning-up" but what happens when you have an 8000 breach of contract penalty? That's more than I make in a month! |
Well, I you should be able to expect that you can work something reasonable out with them, where you end up paying less or even nothing. If you can't expect reasonable negotiations with them, then I suppose that's a legitimate enough reason to just run. But I'd say that, most likely, your running will barely be a speedbump in their profits whereas it can cause you problems--least of all getting a letter of reference so you can find a legitimate job in China (if that's what you want). |
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Rob Aston
Joined: 16 Nov 2009
Posts: 15
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| Posted: Sat Nov 21, 2009 4:34 pm Post subject: |
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| It is possible to get a new job without that letter, leaving and coming back without mentioning past employment as suggested is a possibility however you might have to explain the presence of past residence permits in your passport so your cover story should cover that. Also its not impossible to get a new foreign experts certificate without the letter its just harder, the FAO at the new school should be able to manage it. Also if you simply explain to them that your old school treated you badly they should understand you can even use it as a method to flatter them "this is why I want to work for a GOOD SCHOOL like you" ect. |
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