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Declining a contract after accepting
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PolarBear



Joined: 11 Aug 2010
Posts: 4
Location: Canada

PostPosted: Thu Aug 19, 2010 12:51 am    Post subject: Declining a contract after accepting Reply with quote

I'm in need of some advice. I'm new to the TEFL world. I accepted a position with an EF school recently. I was dumb and didn't do enough research before hand. Since accepting the contract a few days ago, I've found nothing but horror stories about EF franchises. It's really the icing on the cake for me. The last two times I've had contact with EF it's been nothing but bad vibes. There seems to be a 'this is how we do things and if you question anything you're being difficult' attutide that I get from the school. Basically, I'm in the position now that I'd rather not work for them. I signed and sent the preliminary contact 2 days ago. Obviously, I haven't received my letter of invitation yet.

I don't have a good feeling about this school. I'd like out. I don't want to burn any bridges though. Do I have a right to decline the offer now? Are there any legal issues if I do?
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flyingscotsman



Joined: 24 Mar 2010
Posts: 339
Location: Suzhou, China

PostPosted: Thu Aug 19, 2010 4:57 am    Post subject: Reply with quote

Don't worry. Just tell them you changed your mind. Nothing is binding till you have a Z visa and are in China - even then its iffy.
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JamesD



Joined: 17 Mar 2003
Posts: 934
Location: "As far as I'm concerned bacon comes from a magical happy place."

PostPosted: Thu Aug 19, 2010 5:34 am    Post subject: Reply with quote

So signatures on contracts are not binding? I'll remember that next time I want a bank loan.

Not that I'm a fan of chain schools, but you might think about the school spending time and money to get the invitation letter based on your promise. Them letters ain't free.
Maybe hurriedly signing contracts and then blowing them off is one reason why Chinese consider foreigners unstable.

(Edit)
Apologies for the smart-a** post.
Anyway, you made the commitment. You never know what the school is going to be like until you walk in the door, take complaints of others with a grain of salt and make up your own mind once you get here. The attitude could be prevalent at the school or just from the staff with whom you're dealing.
You could call and nicely ask them to cancel the contract but if they don't want to tear it up it's between you and your conscience. To specifically answer your question, no. The police are not going to come after you and EF is not going to sue you.


Last edited by JamesD on Thu Aug 19, 2010 6:46 am; edited 1 time in total
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ryanwhistler



Joined: 26 Jul 2010
Posts: 29

PostPosted: Thu Aug 19, 2010 6:02 am    Post subject: Reply with quote

Sad that so many people think it's fine to commit to something then walk away.

If the school has already started the process and then obtain your visa issuance notice - then you have a legal obligation !!
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Thu Aug 19, 2010 6:56 am    Post subject: Reply with quote

Quote:
There seems to be a 'this is how we do things and if you question anything you're being difficult' attutide that I get from the school.

They do have their own way of doing things but that's the nature of chain schools. Follow the rules, show up and do your job and things can work out for you.

There are many stories/complaints on this forum of schools breaking contracts, and treating teachers badly. yet when it comes to upholding our end of the deal, some on this forum seem to think its fine to commit to a job by signing a contract and then when you get cold feet, just walk away from it.

The school in question here has, in good faith, probably already started the process for the Z visa. polar bear can walk away now and face no repercussions but doing so does nothing for the so-called "professionalism" of ESL teachers in China. Our reputation as a whole is on shaky ground as it is in the eyes of many.

I'm also not a fan of chain schools although I did work for one before. EF experiences can be bad or good, and anyone wanting to work for them should know that not all EF franchises are equal. But if you signed the contract, and if the school is obtaining the documents for your Z visa, then be professional enough to show up and start working. If the job sucks, give notice, quit, find another one and start over again.
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Thu Aug 19, 2010 9:37 am    Post subject: Reply with quote

Most contracts that I've read state that the contract isn't binding until both parties have signed it.
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Bondi007



Joined: 29 Jan 2008
Posts: 214
Location: recovering Chinaholic...smelling the clean beach air, Sydney Australia

PostPosted: Thu Aug 19, 2010 4:15 pm    Post subject: Reply with quote

I worked for an EF school in Europe and have nothing but praise for them. Give the school a chance and don't dump them until they give you reason to.

Some teachers bad mouth schools because they've had a bad experience there while other teachers at the very same school may sing their praises...you'll never know til you GO. Very Happy
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Niederbom



Joined: 13 Feb 2010
Posts: 66

PostPosted: Thu Aug 19, 2010 4:41 pm    Post subject: Reply with quote

Did you sign a hard copy or a scanned copy of the contract? A scanned contract is just an image file (like PNG) that anyone could airbrush or Photoshop, so it is not legally binding anywhere, as far as I am aware.

Breaking an actual signed contract might present a problem and is not something I'd recommend doing. If they get pissed enough, they might put you on the SAFEA blacklist for the province.

As for the ethics of dumping a scanned contract, integrity is definitely not the first thing on the minds of the people in this country, especially the business people. You're just acting like a local, fitting right in with the local culture. All anyone cares about here is his/her own skin, and you are at a disadvantage if you think differently than they do.

You act unreliably, leave a school in a lurch, break your word, steal their time (and money). You have to remember that they (and just about every other business here) would do the same thing to you if it was convenient. I am still constantly appalled by the way people in Dalian (and everywhere in China) brazenly cheat foreigners, or for that matter, anyone who doesn't know any better.

It's the way people do business in this country. "When in Rome...do as the Romans do."
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PolarBear



Joined: 11 Aug 2010
Posts: 4
Location: Canada

PostPosted: Thu Aug 19, 2010 10:06 pm    Post subject: Reply with quote

I appreciate all of your comments. I haven't signed the actual contract. I signed the 'agreement to sign the agreement' or aka 'the scanned contract'. In the end, falling out on my word just doesn't sit well with me. However, I have some other higher paying opportunites in cities where I'm really interested in living.
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maotouying



Joined: 16 May 2005
Posts: 119
Location: My Chair In China

PostPosted: Fri Aug 20, 2010 2:15 am    Post subject: Reply with quote

Have any of you took a look at this site?

I have gotten quite a bit of responses from it even after I secured a job.

I usually get hit after school starts with 5-10 request's to check out their school. But it does come in handy.

http://abroadchina.org/
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flyingscotsman



Joined: 24 Mar 2010
Posts: 339
Location: Suzhou, China

PostPosted: Sat Aug 21, 2010 10:21 pm    Post subject: Reply with quote

JamesD wrote:
So signatures on contracts are not binding? .


In China, your signature on a contract is meaningless, as is the schools
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Jordean



Joined: 12 Dec 2006
Posts: 238

PostPosted: Sun Aug 22, 2010 4:46 am    Post subject: Reply with quote

People love to dance around this issue. Do not feel obliged to uphold the K if you have a bad feeling. DO NOT waste a year being a good guy when the school would have no compunction about screwing you over.

And BS to all the legal eagles. K's are observed in the breach here. Why fall on your sword, to show the locals how noble foreigners are? They won't notice your selfless adherence to the law.

Seriously. You have better things to do than get locked into a situation that 'might' turn out OK. They will find a replacement from the enormous pool of potential FT's.

IF FT's really were that irreplaceable, don't you suppose the schools would actually verify credentials, do background checks, AND pay a decent wage.

It's a racket for them. So why treat it in the same way as a Western contract?

But if you really think you won't sleep nights after breaking a K, then go through with it. The school won't build a statue in your honor, however.
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Sun Aug 22, 2010 6:13 am    Post subject: Reply with quote

Jordean wrote:
They won't notice your selfless adherence to the law.



You are right in saying this but THEY WILL NOTICE YOUR SELFISH DEFIANCE OF THE LAW.

Certainly, there are reason to walk away from a contract in the event of serious breaches by the employing party.

Making a wrong judgement on the teacher's side is not satisfactory reason to breach an agreement.

Consider the bigger picture here:

The school will go through the process of applying for your FEC and subsequent invitation letter. It is not a simple process and it does involve cost. If the practice of verbally agreeing to take a job and then accepting another becomes a common practice, I can foresee that schools will expect the teacher to pay a deposit covering the cost of this process that will not be refundable until completion of the contract. That may involve bank wiring cash before the 'z' visa invitation letter is applied for.

Just like the strict adherence to the release letter now universally exercised by Public Security Bureaux. The more that FT's breach agreements, the more that controls to prevent it will be imposed.
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Jordean



Joined: 12 Dec 2006
Posts: 238

PostPosted: Sun Aug 22, 2010 8:07 am    Post subject: Reply with quote

I have to disagree with the entire premise of "contract" in China being meaningfully related to the western idea. You are assigning your own values to the Chinese exercise of "contracts". Employers here view contracts as mutable after the fact. They can and do alter terms and there's little you can do about it. I have not had a single contract here that wasn't altered after negotiation, and sometimes after signing in ink on the dual copies (by my employer always). My options were lump it or leave it.

I have never broken a contract here. I would not advocate it nor am I.

That being said....
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Sun Aug 22, 2010 10:55 am    Post subject: Reply with quote

LanGuTou wrote:
Jordean wrote:
They won't notice your selfless adherence to the law.



You are right in saying this but THEY WILL NOTICE YOUR SELFISH DEFIANCE OF THE LAW.

Certainly, there are reason to walk away from a contract in the event of serious breaches by the employing party.

Making a wrong judgement on the teacher's side is not satisfactory reason to breach an agreement.

Consider the bigger picture here:

The school will go through the process of applying for your FEC and subsequent invitation letter. It is not a simple process and it does involve cost. If the practice of verbally agreeing to take a job and then accepting another becomes a common practice, I can foresee that schools will expect the teacher to pay a deposit covering the cost of this process that will not be refundable until completion of the contract. That may involve bank wiring cash before the 'z' visa invitation letter is applied for.

Just like the strict adherence to the release letter now universally exercised by Public Security Bureaux. The more that FT's breach agreements, the more that controls to prevent it will be imposed.


In China, there is no such thing as "strict adherence", not for the foreigners, not for the Chinese. Things have been, are and will remain as they always are in China --case-by-case. China is a study-in-contrasts.
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