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Questions about leaving my teaching job?
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mnguy29



Joined: 23 Jan 2008
Posts: 155
Location: USA

PostPosted: Mon Sep 27, 2010 1:36 am    Post subject: Questions about leaving my teaching job? Reply with quote

I have started a teaching job in a very nice city in the south of China. I am not happy with what is happening as far as the number of classes per week, days worked, and especially the salary. Yes, I signed the contract but I was not told many things before arriving to teach. I am talking with some other schools in the city about teaching at their school. Your opinion? What is the best way to leave a contract? Tell them the truth about not being happy and wanting to go home? I refuse to pay the huge penalty they state in the contract! Can they force me? Or, secure the better position and just leave? I am not sure the best way to do this. Ideas? Thanks!
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Mon Sep 27, 2010 1:57 am    Post subject: Reply with quote

Tell them what the problems are. If they don't fix them, walk. They can't "force" you to pay the fine if they can't find you. I know how that sounds, but be advised that foreigners have basically no rights in this country, so legal "arbitration" will be one-sided (i.e., you will lose). I don't know about securing the other position. I would talk to the potential employer, tell them what's happening at the present school, see what they say.

Nobody should have to tolerate abuse.
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Mon Sep 27, 2010 1:59 am    Post subject: Reply with quote

If the working conditions do not reflect the contents of your contract especially in terms of workload and salary, you have right to recourse. You should first approach your employers and make it clear that you are unhappy with the breach of agreement. If they refuse to change the new conditions, try to amicably negotiate your way out of the contract hopefully by getting a standard release letter.

If you signed a contract accepting the conditions that you are faced with and then found them not to your liking on arrival, you have little cause for recourse. You may be able to discuss the matters and they may change some things to accommodate your request. If you walk away, they have the right to withhold your release letter and demand any breach penalty stated in the contract. You may find that getting another teaching job in China without the release letter is difficult but not impossible.
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SahanRiddhi



Joined: 18 Sep 2010
Posts: 267

PostPosted: Mon Sep 27, 2010 2:25 am    Post subject: Reply with quote

Have you heard, the economic atmosphere is quite unwell in the present? Hang on there for a while and make sure your name is fit. After a time has passed, consider informing your boss to take the employment and shove it elsewhere! But don't jump the finish line too soon.
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xi.gua



Joined: 15 Jul 2010
Posts: 170

PostPosted: Mon Sep 27, 2010 5:22 am    Post subject: Re: Questions about leaving my teaching job? Reply with quote

ryanwhistler wrote:

How many hours, days, and salary did you agree to in the contract?

What are they "forcing" you to accept?

Anything that you were "told"is not in the least bit relevant. What is in the contract ? That is all that matters.

You "refuse to pay the huge penalty" that you acknowledge you agreed to by signing the contract?

The solution is simple. Grow up and honor what you agreed to do via the contract. Otherwise, pack your things and sneak off to the airport with your tail between your legs all because you are unable to be a professional.


This. You also didn't give us any examples of what you believe is unreasonable or any real information other than you feel they lied to you or didn't tell you something which is your fault, not theirs. Maybe you just have to suck it up.

Leaving that school for another school in the same city isn't going to do you any favors either. If they are doing everything according to the contract you signed, you will have to pay the penalty to breach unless you just run away from that city.
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Mon Sep 27, 2010 7:25 am    Post subject: Re: Questions about leaving my teaching job? Reply with quote

xi.gua wrote:



Leaving that school for another school in the same city isn't going to do you any favors either. If they are doing everything according to the contract you signed, you will have to pay the penalty to breach unless you just run away from that city.


Assuming that the OP is working at a legitimate school under legitimate circumstances, the chances of working in the same city or province are as close to zero as you can get anyway.

I assume that you have arrived on a 'z' visa and converted to RP. In which case, if you leave this school, they are legally bound to cancel your existing RP. You will have to apply for another at the new school.

When the PSB discover the RP in your passport, they can track you back to your previous employer and will probably ask for the official contract completion letter. They will not issue you with a new RP until the matter is cleared with your previous employer and any outstanding breach penalty is paid.

If your current employer has not recruited you legitimately, (another thing not clear from your post), then I have no sympathy for them either. That is to say, if you are not working on a 'z' visa and have no RP, just tell them where they can put their contract. They have no right to be asking for breach penalties under such circumstances and you don't have to pay.
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kev7161



Joined: 06 Feb 2004
Posts: 5880
Location: Suzhou, China

PostPosted: Mon Sep 27, 2010 7:48 am    Post subject: Reply with quote

Yeah, I've gotta say, the "details" of your problems are certainly sketchy. It's amazing how quick people are to believe that the school is some shifty, dishonest place without even knowing the circumstances (which of course is often a bit lopsided). There's always going to be a "better" school somewhere around the corner but, TIC - - almost any school will have its share of hits and misses.
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mnguy29



Joined: 23 Jan 2008
Posts: 155
Location: USA

PostPosted: Mon Sep 27, 2010 9:58 am    Post subject: Reply with quote

Yes, the number of classes is in the contract stated up to 20. I was told it is never more than 16 or 17. I was also told an effort would be made so I dont have to work evenings and weekends. I work on Sundays and two evenings a week. There is also something in a memorandum I signed about health insurance being optional and they are forcing me to pay 500 rmb for it and it basically covers nothing. I know how much teachers are making in some of the other schools here, universities, int'l schools and it is much better and only 14 to 20 classes a week Mon to Fri. Sometimes three times more salary! I do not mean the language mills. I have no interest in them. Basically, I feel we are being exploited as teaching machines. We also have to kiss the butts of some unmotivated students who have rich parents who are forcing them to be here. I have a BS in teaching and many years of experience. I dont think sitting down and discussing these problems with the school will make any difference. Will I really have a problem with a new job in this city if I leave?
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mnguy29



Joined: 23 Jan 2008
Posts: 155
Location: USA

PostPosted: Mon Sep 27, 2010 10:19 am    Post subject: Reply with quote

Yes, the number of classes is in the contract was up to 20. I was told it is never more than 16 or 17. I was also told an effort would be made so I dont have to work evenings and weekends. I work on Sundays and two evenings a week. There is also something in a memorandum I signed about health insurance being optional and they are forcing me to pay 500 rmb for it and it basically covers nothing. I know how much teachers are making in some of the other schools here, universities, int'l schools and it is much better and only 15 to 20 classes a week Mon to Fri. Sometimes three times more salary! I do not mean the language mills. I have no interest in them. Basically, I feel we are being exploited as teaching machines. We also have to kiss the butts of some unmotivated students who have rich parents who are forcing them to be here. I have a BS in teaching and many years of experience. I dont think sitting down and discussing these problems with the school will make any difference. Could I really have a problem at a new job in this city if I leave?
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mnguy29



Joined: 23 Jan 2008
Posts: 155
Location: USA

PostPosted: Mon Sep 27, 2010 10:21 am    Post subject: Reply with quote

sorry about the double!
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Mon Sep 27, 2010 11:22 am    Post subject: Reply with quote

mnguy29 wrote:
Will I really have a problem with a new job in this city if I leave?


Yes. I have nothing to add to LanGuTou's post other than to assure you that it's correct. In theory there may be an exeption that proves the rule, usually involving bribes or somebody knowing someone influential, but you have 2 choices.

1-Stay at the school
2- Leave, probably China, almost certainly the province.

I can't see any situation in which a school would give you a release letter, at least not without your paying the breach penalty, and probably not even then.


If someone has ever managed to do what you want to do, I can't remember reading about it. It would certainly be interesting to hear that story if it exists, (though not for myself - I love my University so far). Very Happy

Anyway, you may be missing out on some crucial information about the apparantly greener grass on the other side.
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LanGuTou



Joined: 23 Mar 2009
Posts: 621
Location: Shandong

PostPosted: Mon Sep 27, 2010 11:28 am    Post subject: Reply with quote

mnguy29 wrote:


Could I really have a problem at a new job in this city if I leave?


Put simply, yes!

You cannot legally work at another school using the same RP (I am assuming here that you have one). Your new employer will have to get you a new FEC and RP.

When completing a contract or leaving a school, you should be given a letter certifying that you have done so in a satisfactory manner. It is standard practice that the PSB require this letter in order to issue a new RP. Sometimes this varies according to location but, if the PSB find your RP issued in the same city with the best part of a whole year left on it, they are bound to ask questions.

You would be better off moving to another province although this option will be difficult without the leaving letter.
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DixieCat



Joined: 24 Aug 2010
Posts: 263

PostPosted: Mon Sep 27, 2010 11:52 am    Post subject: Reply with quote

If you find a new employer who wants to hire you then take the problem to them and ask them to help and work it out. The existing FWB can be transferred as well as the current RP. This is of course subject to local regulations. If you try to quit on your own, most likely it will stir up a sh*t storm.
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ryanwhistler



Joined: 26 Jul 2010
Posts: 29

PostPosted: Mon Sep 27, 2010 12:13 pm    Post subject: Reply with quote

You took the job and agreed to work there

THAT SIMPLE

Typical you want to back out ... that is why the reputation of foreigners is so pathetic here.
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mnguy29



Joined: 23 Jan 2008
Posts: 155
Location: USA

PostPosted: Mon Sep 27, 2010 1:27 pm    Post subject: Reply with quote

ryan-what about these schools that lie and dont tell you the whole story about the job? What about their reputation in China with foreign teachers? They say anything to get you to come out of desperation. Come on, you know they dont tell you all you need to know to make an informed decision.
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