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Jayray
Joined: 28 Feb 2009
Posts: 373
Location: Back East
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 Posted: Sun Feb 07, 2010 10:46 pm Post subject: |
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IMHO, the worst that might happen is that your name might be circulated among other agents and you won't be hired by them. I doubt that the school FAO would get involved (if it's a public school), and I seriously doubt that the school owner (if it's a private school) will even care enough to take any sort of action.
I wouldn't give it another thought. |
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LanGuTou
Joined: 23 Mar 2009
Posts: 621
Location: Shandong
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| Posted: Sun Feb 07, 2010 11:02 pm Post subject: Re: An Urban Myth? |
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| Teatime of Soul wrote: |
A tale heard in passing...
Behind Beijing airport's terminal for International Arrivals sits a huge warehouse.
In that warehouse are countless suitcases, duffel bags, backpacks, and even steamer trunks.
Inside those containers, it is said, are the ethics that foreigners abandoned upon arrival in China. Some claim they were abandoned out of necessity, others, convenience.
Still others say that upon inspection, most were actually empty upon arrival.
The tales one hears... |
It is said that, after inspecting all of these empty containers, a group of customs officers looked at each other and gave a deep sigh:
"How is one expected to make a satisfactory living when so many foreigners are so low in ethics?" |
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hankemhigh
Joined: 24 Dec 2009
Posts: 86
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| Posted: Mon Feb 08, 2010 1:59 am Post subject: |
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No penalty can be enforce without a trip to court.
If the visa wasn't applied for there is little in the way of documentation that would even prove that the acceptance of tht contract (made over the INTERNET perhaps?) and no further action has been taken to accept the offer of employment.
Workers have the right to accept the or reject contracts at any time and if the actions of the potential employees in this case doesn't obligate them to any kind of service other than notification.
To blame this on poor ethics is misplaced and lacks understanding of the obligation of the potential employee.
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| So why shouldn't there be SERIOUS repercussions in a case where a school has signed the signed contract in good faith, has spent the time and money to acquire the necessary legal credentials, etc.? |
This is the cost of doing business and "good faith" is a legal term that has to be qualified with more than just sending the required legal documents. Employment would have to actually commence and the potentials actually on Chinese soil before the contract would even eligible for enforcement.
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| Inside those containers, it is said, are the ethics that foreigners abandoned upon arrival in China. |
Best to take heed of this advice and "gets your claim ticket" so you can retrieve those ethics when you go back to a place where they are actually valued and the definitions aren't set by those who have the agenda of putting bodies in employable slots. Sure it causes business owners a problem, but that is the business they signed up for with all the warts and scars so it is not the potential employees ethically duty to stop a common sense approach to financial advantage. Follow the money, as your potential employer will as well.
Last edited by hankemhigh on Mon Feb 08, 2010 4:08 am; edited 1 time in total |
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Jayray
Joined: 28 Feb 2009
Posts: 373
Location: Back East
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| Posted: Mon Feb 08, 2010 2:56 am Post subject: |
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I've been sent contracts which I signed in good faith and returned as a scan. However, I have never received a fully-executed contract before my arrival at the school. What I have found upon my arrival is an addendum which not only negated some terms of the contract but also broke Chinese law.
The OP has done nothing unethical OR illegal. Without the signature of a school official, neither party is bound to any terms. One signature does not constitute a fully-executed contract. |
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Rooster_2006
Joined: 24 Sep 2007
Posts: 984
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| Posted: Tue Feb 09, 2010 6:11 am Post subject: |
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I agree with hankemhigh and Jayray.
Man, there are some naive teachers here.
"Breaking" a contract which the employer has not reciprocated in any way is not illegal. In contracts, it takes two to tango.
Even if the employer has signed it, you're extremely naive if you think the average school in China plans to honor its contract 100% (or even 5% -- most double-hire).
I've had very heated arguments with new-to-Asia native speaker teachers about this -- however, they don't listen, they think their brief vacation to Shanghai and Taiwan trumps my nearly nine years of living in Asia, and they say I'm overly cynical about contracts and employer-employee relationships in Asia.
Fine. Do things your way. We'll see where that gets you. |
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