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kungfupanda
Joined: 04 Aug 2009
Posts: 24
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 Posted: Thu Jun 17, 2010 3:13 am Post subject: Anyone pull a runner before getting on the plane? |
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| So I was offered a great job at a university the day after I signed with another school. They are waiting until I arrive to sign the contract but I did sign some letter saying that it is legally enforceable. What happens if I blow them off? Can they prevent me from working in China? What is the worse that could happen? |
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Zero
Joined: 08 Sep 2004
Posts: 1402
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| Posted: Thu Jun 17, 2010 3:45 am Post subject: |
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| Doubt they can do much, but the Lord sees all. WWJD? |
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smutbagdisco
Joined: 18 Dec 2007
Posts: 28
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| Posted: Thu Jun 17, 2010 3:53 am Post subject: |
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| come up with an excuse (death in the family etc.) |
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Zero
Joined: 08 Sep 2004
Posts: 1402
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| Posted: Thu Jun 17, 2010 3:58 am Post subject: |
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| smutbagdisco wrote: |
| come up with an excuse (death in the family etc.) |
Yes. I can assure you they would do the same if the tables were turned. I think the Lord will forgive you just this once  |
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james s
Joined: 07 Feb 2007
Posts: 676
Location: Raincity
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| Posted: Thu Jun 17, 2010 4:08 am Post subject: |
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the only legally binding thing here is a contract to sign a contract. They would have 2 issues:
1. Where should the contract be enforced- in china where it was drafted, or in whatever country you are in.It could very easily be made an arguement anywhere that any agreement between two parties be legal in the location where it was finalled, or signed to. That then, would not be legal in China, I believe...but I am no lawyer...
2. It seems that the contract is remote in nature- I am not certain it can be enforced (plus it is not the legal contract saying that you are to work at a location. Also, it is only a contract to sign a contract, they have not yet incurred a real financial loss due to you not being there, no side of the deal has started and thus, can be withdrawn...but again, not a lawyer...
Bottom line - I would not worry.
Make up an excuse - changed your mind, got scared, got a job in your country instead, met a girl/guy, blah blah blah....
Go to the other job and have a great time! |
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drjtrekker
Joined: 16 Feb 2008
Posts: 251
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| Posted: Thu Jun 17, 2010 4:52 am Post subject: |
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| Quote: |
| but the Lord sees all. WWJD? |
| Quote: |
| I think the Lord will forgive you just this once |
LOL
I love this guy!! |
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vikeologist
Joined: 07 Sep 2009
Posts: 600
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| Posted: Thu Jun 17, 2010 6:30 am Post subject: |
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| james s wrote: |
| they have not yet incurred a real financial loss due to you not being there, ! |
Probably not true if you fanny about and don't tell them. They might be spending staff time obtaining an invitation letter for you, and if you're not coming, then they'll need to find someone else. You should have sent them an email 5 minutes after deciding to take the other job.
WWJD? Well, actually he'd treat the school how he'd want them to treat him (or Him). Suppose the school found a better teacher than you, and they decided to give them the job instead of you. Would you want them to tell you that unfortunately the government have refused you a visa, or the blunt truth? Then do accordingly.
Obviously they're going to be angry with you, but they're not going to bother to cause trouble for you. To quote a Chinese friend's favourite new idiom; Don't flatter yourself.
Of course, given that it's a Shane school that you're dicking about, other people on this forum may see you as an instrument of the Lord and suggest that you let them know that you're not going to work for them when they meet you at the airport. |
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daCabbie
Joined: 02 Sep 2007
Posts: 244
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| Posted: Thu Jun 17, 2010 7:41 am Post subject: |
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| I asked God for a bike, but I know God doesn't work that way. So I stole a bike and asked for forgiveness. |
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Miles Smiles
Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee
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| Posted: Thu Jun 17, 2010 8:11 am Post subject: Re: Anyone pull a runner before getting on the plane? |
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| kungfupanda wrote: |
| So I was offered a great job at a university the day after I signed with another school. They are waiting until I arrive to sign the contract but I did sign some letter saying that it is legally enforceable. What happens if I blow them off? Can they prevent me from working in China? What is the worse that could happen? |
What you signed was a letter of good faith. While it may justify some sort of legal pursuit, it isn't a contractual obligation until both parties sign the contract. At this point, the recruiter/school has time to find a replacement. Notify the school of your uncle's failing health and tell them that you will have to pass on the offer because your immediate responsibilities are unknown. |
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vikeologist
Joined: 07 Sep 2009
Posts: 600
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| Posted: Thu Jun 17, 2010 8:13 am Post subject: |
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| In my cult, people ask God for forgiveness, but God doesn't work that way so they have to buy it from me. |
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hot_water_hillbilly
Joined: 10 Oct 2008
Posts: 97
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| Posted: Thu Jun 17, 2010 8:15 am Post subject: |
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Be quite aware of the following:
The SAFEA contract must now be signed to obtain the work permit and letter of invitation. This is being done specifically for the purpose of smacking liars and cheaters around a bit.
If you sign the SAFEA contract and return it the school and then skip out before even coming, say, to accept a different job, the school and SAFEA now have the authority to hold you to the signed contract and prevent you from obtaining a job in another jurisdiction. |
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The Ever-changing Cleric
Joined: 19 Feb 2009
Posts: 1523
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| Posted: Thu Jun 17, 2010 8:35 am Post subject: |
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| hot_water_hillbilly wrote: |
| If you sign the SAFEA contract and return it the school and then skip out before even coming, say, to accept a different job, the school and SAFEA now have the authority to hold you to the signed contract and prevent you from obtaining a job in another jurisdiction. |
while i believe those who sign contracts AND procure a Z visa based on the documentation provided by a school should ultimately show up for the job, my guess is that for anyone who doesn't the school isn't going to bother with them too much because:
a. they'll be busy looking for someone else to fill the spot;
b. it has yet to be shown that there's an effective way in China of blacklisting a FT to prevent them from getting a job elsewhere;
c. it's too much hassle to go through the red tape to prevent someone from getting a job elsewhere; and/or
d. some FAOs don't even know the SAFEA rules and regs very well and will be as in the dark as any foreigner on some of these matters. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Thu Jun 17, 2010 8:53 am Post subject: |
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| The Ever-changing Cleric wrote: |
| [b. it has yet to be shown that there's an effective way in China of blacklisting a FT to prevent them from getting a job elsewhere |
there be ways. i'm staying with a friend in kunming this week. when we went to the local psb to register, the nice police lady entered my passport number into the system and then asked why i didn't notifiy the psb in nongcunville when i left. it was over a year ago that i stayed in a small hotel there for two days. |
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The Ever-changing Cleric
Joined: 19 Feb 2009
Posts: 1523
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| Posted: Thu Jun 17, 2010 10:07 am Post subject: |
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| choudoufu wrote: |
| The Ever-changing Cleric wrote: |
| [b. it has yet to be shown that there's an effective way in China of blacklisting a FT to prevent them from getting a job elsewhere |
there be ways. i'm staying with a friend in kunming this week. when we went to the local psb to register, the nice police lady entered my passport number into the system and then asked why i didn't notifiy the psb in nongcunville when i left. it was over a year ago that i stayed in a small hotel there for two days. |
of course there are ways. but they aren't universal and not very effective. China is a patchwork of bureaucracies that don't seem to be too interconnected with one another, and for that reason, it wouldn't be hard for a FT to find employment in a different region of the country should they fall afoul of a school or the authorities in another region.
the fact that it took a year for someone to inform you that you failed to notify the police in another town when you left reflects the (non) effectiveness of this system. |
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sharpe88
Joined: 21 Oct 2008
Posts: 226
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| Posted: Thu Jun 17, 2010 10:24 am Post subject: |
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I don't see what this has to do with FT Blacklisting.
"there be ways. i'm staying with a friend in kunming this week. when we went to the local psb to register, the nice police lady entered my passport number into the system and then asked why i didn't notifiy the psb in nongcunville when i left. it was over a year ago that i stayed in a small hotel there for two days." |
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