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breaking contract fines /black list?

 
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lucylu



Joined: 12 May 2010
Posts: 7

PostPosted: Fri May 21, 2010 4:04 am    Post subject: breaking contract fines /black list? Reply with quote

I'm working at a university in china and they are withholding money for extra work I've done, they have always paid me late, and -surprise!- they've been lying to me. My employers are nice to my face but snakes behind my back.

I'm tired of this situation and want to break the contract. Have been thinking of moving to another country next year but may one day want to come back to China because I'm familiar with the culture.

However, if I break the contract, will I be 'black listed' forever from teaching in china again? How will this affect me in the future?

Any info would be helpful.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri May 21, 2010 4:09 am    Post subject: Reply with quote

some more details?

how much are they with-holding? how late have you been paid? what lies have they been telling? have you tried to work things out? yes/no? people will be more forthcoming with assistance if you tell the whole story.
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lucylu



Joined: 12 May 2010
Posts: 7

PostPosted: Fri May 21, 2010 5:20 am    Post subject: Reply with quote

Yea, i understand. first they always pay me late. have to beg to get paid each month.

second i've done extra work for them outside of the contract-maybe stupid of me, but whatever, what's done is done. now they are telling me i must sign another contract for next year in order to receive the money they owe me now--and it is a lot of money.

they've lied about when they will pay me for this work and have even decided on a lower rate than what initially offered after the work was completed.

yes, I have tried and tried and tried to very professionally and very calmly work this out with them and they have stone walled me-refused to discuss it any further.

i would rather not sign another contract with them, but it seems it is the only way they will give me my money.
i have never broken a contract before-even in bad situations i have endured it. however, in this situation, i don't know what else to do. but i'm afraid that if one day i want to come back to china, i will be on a 'black list'.

I cannot get an arbitrator, because this extra work is not written in the contract(yes, yes, i know i should have got in the contract!) should i sign another contract to get my money and then break it?
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Fri May 21, 2010 5:41 am    Post subject: Reply with quote

lucylu wrote:
second i've done extra work for them outside of the contract

is that overtime work at the same school? overtime and what rate it will be paid at is usually mentioned in the contract.

or is it work completely outside the school and off the books?

anyway, i sent you more info by pm. just check your inbox.
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caleypatrick



Joined: 20 Mar 2010
Posts: 63
Location: Sichuan

PostPosted: Fri May 21, 2010 8:35 am    Post subject: Reply with quote

They have broken written and verbal contracts with you. It's simple: Go to them and tell them that you will leave immediately if you are not paid. They will pay you. If by chance they don't, just leave. You can always come back to China and to another province. This kind of employer doesn't report you because they know they are wrong. Respect is a two-way street regardless of culture. They give you squat, give them squat.
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randyj



Joined: 19 Jan 2003
Posts: 460
Location: Nanjing, Jiangsu, China

PostPosted: Fri May 21, 2010 9:00 am    Post subject: Reply with quote

Someone, I don't remember who, said that China has all the disadvantages of a dictatorship, but none of the advantages. Each province goes its own way in a lot of different areas. There is not even a nationwide power grid. Although the use of computers may someday allow something like a nationwide blacklist of wayward foreign English teachers, at present I am convinced nothing like that exists.

Last edited by randyj on Fri May 21, 2010 9:38 pm; edited 1 time in total
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mike w



Joined: 26 May 2004
Posts: 1071
Location: Beijing building site

PostPosted: Fri May 21, 2010 10:00 am    Post subject: Reply with quote

Quote:
However, if I break the contract, will I be 'black listed' forever from teaching in china again?


Simple answer - NO.
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motown



Joined: 07 Jun 2008
Posts: 68

PostPosted: Fri May 21, 2010 1:00 pm    Post subject: Reply with quote

mike w wrote:
Quote:
However, if I break the contract, will I be 'black listed' forever from teaching in china "again?


Simple answer - NO.

===========================

To the OP....try another country and see if you like it better.

As for being able to return you read different reports from different posters. I think that you'll really only know once you apply for the "Z" Visa to get back into the country. To get this "Z" visa you'll have to get go the Chinese Embassy and if there is a true "blacklist" then you'll be denied.

It has been mentioned many times before on ESL cafe that illegal Chinese schools will never try to blacklist anyone as they don't want to draw attention to themselves.
If your school isn't giving you pay stubs (official types with a stamp), then there is a good chance they have something to hide.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 30, 2010 11:56 am    Post subject: Reply with quote

Isn't overtime dealt with in the existing contract?
Mine is the standard FE Admin one and it states hours over the nominal 20 pw are paid at RMB60/hour.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun May 30, 2010 1:01 pm    Post subject: Reply with quote

Leave. Immediately. There is no blacklist.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun May 30, 2010 10:23 pm    Post subject: Reply with quote

According to my Admin Dept there is a black list and it is being progressively rolled out throughout the PRC.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sun May 30, 2010 10:36 pm    Post subject: Reply with quote

Well, then, I'm sure it must be true.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Mon May 31, 2010 1:33 am    Post subject: Reply with quote

Well Admin told me about the black list when they were fuming about a FT who had 'done a runner' over the winter break.
Stuff like 'he will never get another job in China'.
From the FT point of view it made no sense as he left owed January pay (RMB4000) plus he forfeited his airfare allowance (RMB10,000).
He should have gritted his teeth and hung on until end of contract.
The real idiocy is the increase in break fee just introduced makes running off more of an option - not less.
That is if you've finished with China and the real or imagined black list isn't an issue.
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