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Changing job (new)- AFTER contract signed?
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Songbird



Joined: 09 Jan 2005
Posts: 630
Location: State of Chaos, Panic & Disorder...

PostPosted: Sat Jun 26, 2010 6:07 am    Post subject: Changing job (new)- AFTER contract signed? Reply with quote

Hey all,

Have a new job lined up for the term and everything is/was hunky dory, but I asked the college for photos of the apartment they'll give me. They scraped their feet for AGES, though I signed the contract and sent all the docs (including release letter) as everything else about the school checked out.

Now today (about 2 weeks before I planned to move in there before heading home for the holidays) the FAO of the new school has sent pics and, well, my heart sank. I am moving from a (admittedly I am spoiled here!) 2 storey 140m apartment to what looks like a hotel room (bathroom is huge and lovely with real shower and bath though).

I have lived in China for 5 years now and know what to expect for apartments. Also, I have a LOT of stuff that I really don't think is going to fit, including loads of teaching materials!

What if I gave them the last minute heave-ho? Like I said they now have all my paperwork and I think are in the process of getting the FEC, but won't get that and the residence permit til September when I get back. I've been approached by another school (offering me impressive salary!) but in the same town. They called a couple of weeks ago but told them I had already signed this contract though said I would be interested next year. Or should I just grit my teeth for a year and live in a shoebox anyway?
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Sat Jun 26, 2010 6:24 am    Post subject: Reply with quote

If you are truly unhappy with the place then ASAP you should tell them the housing they are offering you is not acceptable. Either they find somewhere more suitable or provide you with an appropriate housing allowance and you find your own place. If they won't budge then refuse to accept the job and take the other one.
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Songbird



Joined: 09 Jan 2005
Posts: 630
Location: State of Chaos, Panic & Disorder...

PostPosted: Sat Jun 26, 2010 6:29 am    Post subject: Reply with quote

Remember I've already signed the contract! Which means I've obviously accepted the job.

Wondering if I can/ should make my excuses and go chat to the other school...but given it's in the same PROVINCE, let alone the same city, it may affect my application for the residence permit if I've 'ran away' already!
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Sat Jun 26, 2010 6:36 am    Post subject: Reply with quote

Songbird wrote:
Remember I've already signed the contract! Which means I've obviously accepted the job.

Wondering if I can/ should make my excuses and go chat to the other school...but given it's in the same PROVINCE, let alone the same city, it may affect my application for the residence permit if I've 'ran away' already!


Songbird,

If you've only signed a copy of the contract then you are quite within your rights to negotiate a better apartment. It would be a different story if you had signed the real contract.

Negotiation can continue right up until you sign the real contract. If I was you, I would take Mister Al's advice.
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Songbird



Joined: 09 Jan 2005
Posts: 630
Location: State of Chaos, Panic & Disorder...

PostPosted: Sat Jun 26, 2010 6:41 am    Post subject: Reply with quote

Hang on, what do you mean 'real contract'? I did- they sent 4 things to sign- Chinese language contract, Chinese language appendix to the contract, and English of both as well. Haven't received them back signed and chopped by the school though (that's usually in September once you've arrived).
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Sat Jun 26, 2010 7:08 am    Post subject: Reply with quote

Songbird wrote:
Hang on, what do you mean 'real contract'? I did- they sent 4 things to sign- Chinese language contract, Chinese language appendix to the contract, and English of both as well. Haven't received them back signed and chopped by the school though (that's usually in September once you've arrived).



Sorry, I misunderstood. In my case when signing faxed documents, I never signed the real contract, but only a copy of the appendix. I signed the real contract, after my arrival at the school.

Again, though, if they haven't signed the contract yet, then you are under no obligation to the school. They obviously haven't made there mind up about you yet, and could easily change their mind. Why didn't they sign it before they faxed it to you? The least they could have done is signed it after you sent it to them, then refaxed it to you? Anyway, It could be a blessing in disguise!

There is no contract, until both sides have signed. There can't be any harm in trying to negotiate with them for a better apartment. You do have at least one other option.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Sat Jun 26, 2010 7:11 am    Post subject: Reply with quote

if the apartment is dirty, not been well maintained, doesn't have all the amenities listed, or is substandard in any other way, then most people would agree that it would be fine to tell them to improve that or you're moving on. but because its smaller than your previously lived in mansion? doesnt sound like a good reason to me but that's my opinion.

i have a small one bedroom flat that isn't equivalent to the three bedroom penthouse i had at a previous job in china, but so what? its quite livable and is a lot easier to keep clean.

in the end, people can make their own decisions.
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drjtrekker



Joined: 16 Feb 2008
Posts: 251

PostPosted: Sat Jun 26, 2010 7:12 am    Post subject: Reply with quote

Hey Songbird...
Totally understand...I Could not deal with the "Hotel Room" apt! (turned down a job this year for that very reason)

Anyways, I am very curious as if to whether they verbally gave you info that was misleading about the living quarters, or did you just ask for pics or...?
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Songbird



Joined: 09 Jan 2005
Posts: 630
Location: State of Chaos, Panic & Disorder...

PostPosted: Sat Jun 26, 2010 7:39 am    Post subject: Reply with quote

I fully understand about not comparing my current place with the new one. Yes, this is a flippin MANSION by usual uni standards here in China, and wouldn't expect something like this again, unless I paid myself. And to be honest, I wouldn't, too much cleaning!

It doesn't even look like there's a kitchen, or maybe (can't see it in the pics) it's one of those little side kitchenette things some hotels have near the entry. It's all 1 room, with 2 beds (might ask them to remove one for space) and little desk for 'office'. It's all brand spankin new, as I said, bathroom is lovely and of better standard than all the other placed I've lived in China (but same as this one).

drjtrekker, I asked for pics when in contract prior to signing the contract. They said they were busy renovating and wouldn't be very good to take pics at the time. Given it was some weeks ago I asked for them (and haven't asked since), I guess it was kind of the FAO to remember to email them to me when it was done, and today (being Saturday, I know most don't work then). The contract says "Party A provides Party B a free apartment with basic living facilities' etc...
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Sat Jun 26, 2010 8:05 am    Post subject: Reply with quote

Songbird. I think that you're correct. You have signed the contract, that you're legally bound to start the job (as much as any contract anywhere is legally binding) and that since you signed it ' a few weeks ago' the University will now have invested so much money and time into you that they might have a motivation to cause trouble for you if you took another job. For these reasons I think it would be very risky to pursue another job.

However, the apartment clearly is a issue. Why not tell the FAO that you are unhappy with the apartment from the photos, and ask what the options are. Maybe there are other teacher apartments, perhaps some teachers live off campus. It would definitely be worth making it clear that the apartment doesn't seem to meet your requirements. I'm sure the FAO has dealt with other teachers equally unhappy in the past. Hopefully they'll be as keen as you to resolve this issue. I do empathise with you, but unfortunately I think everything that Shadow has said is erroneous, apart from the fact that you can still negotiate with them after a contract is signed. Your bargaining power would have to come from your value as a teacher, rather than any kind of threat not to take the job, though of course it wouldn't do any harm to let them believe that you might 'go home' rather than work for them.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sat Jun 26, 2010 8:23 am    Post subject: Reply with quote

OP
Wouldn't be Dalian U of Tech would it?
They provide basic hotel room with sep bathroom for FTs.
OK for a week but you'd go crazy any longer stay.
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Songbird



Joined: 09 Jan 2005
Posts: 630
Location: State of Chaos, Panic & Disorder...

PostPosted: Sat Jun 26, 2010 8:28 am    Post subject: Reply with quote

Nope, Huashang College in Guangzhou (NEARISH Guangzhou). I do know of several universities starting to do this, okay for a month or short term teacher, but for 1 year?! I know the dreaded Shengda is famous for it!
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randyj



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

PostPosted: Sat Jun 26, 2010 8:50 am    Post subject: Reply with quote

vikeologist wrote:
However, the apartment clearly is a issue.

And the school knows it's an issue, or they would not have delayed sending the pictures. On the bright side, they sent genuine pictures. There is definitely room for negotiation here. Even though the wording of the contract includes the term "basic living facilities", certain standards are implied. I mean, for some people basic living facilities might be a cave.
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Silent Shadow



Joined: 18 Oct 2007
Posts: 380
Location: A stones throw past the back of beyond

PostPosted: Sat Jun 26, 2010 9:11 am    Post subject: Reply with quote

Vike, what have I said that's erroneous?

How can a contract that's only been signed by one party be binding? Until she receives a copy also signed by the school she is not under contract.

Anyway, I wasn't advising you to not accept your commitment, Songbird. I think the best thing for you to do is to negotiate for an apartment that will better suit your needs.
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sat Jun 26, 2010 9:40 pm    Post subject: Reply with quote

What about an allowance to live in your own apt off campus?
DUT used to provide this and the situation OP has, can hardly be new.
Especially for FTS who have had other jobs here with better facilities.
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