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Advice / help wanted....

 
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twizzler1



Joined: 04 Nov 2010
Posts: 14

PostPosted: Fri Nov 05, 2010 5:31 am    Post subject: Advice / help wanted.... Reply with quote

Hi, I am new on here, although I keep up to date with this site regularly.

I'm sure this has been answered before but here goes.

I signed a one year contract with an agency in Qingdao six months ago.
The first school theysent me to organised my 'Z' visa Residence Permit and Expert certificate. After four months (during the summer break) my agent sent on a summer camp, on the understanding that i would go back to the same school afterwards.
After the summer camp, he sent me to qingdao instead. This meant I had to fly from qingdao to guangdong to collect the rest of my belongings and return to qingdao again. The agent insisted i pay half the airfare.
Two weeks ago, my visa was up for renewal, as i had only been give a six month 'z'. I gave my passport to my agents staff who said they would organise it. When i enquired how things were going, i was told i would have to have a 'L' Tourist visa for 30 days, but they could get me the 'Z' visa afterwards. He still expected me to keep teaching at the school in qingdao. I refused to have a 'L' visa as it is illegal to work on one. I was told if there were any problems, they would deal with it. I dug my heels in and refused the tourist visa and was told in that case you can go back to England. I said ok and asked for my passport back. I also asked for my payment. My passport was returned the next day, but was told my payment would be at the end of the month. Guess what, no payment and noone is prepared to answer the phone to me either. I had one conversation where they were trying to take 1600 yuan fom my wages for the flight i mentioned earlier. They also say that i have broken the contract which was for a year.

My view is that they broke the contract by not being able to supply me with the proper renewed visa, allowing me to legally work in China. Also that they have no right to withhold my payment. Its their mistake, not mine.

My question is, are there any authorities or organisations i can contact / complain to about how i've been treated, who can put pressure on them to pay me my final salary. Also, i know he has other foreign teachers working on the wrong visas. Obviously that is their choice.

I'm not holding my breathe, and expect to have to write the money off, but it does make me angry.

I must say though, prior to this episode, the agent and his staff had been very good and very helpful. It just shows what sort of a game we are all in, and how the worm can turn when it doesn't get its own way.
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DixieCat



Joined: 24 Aug 2010
Posts: 263

PostPosted: Fri Nov 05, 2010 11:51 pm    Post subject: Reply with quote

Quote:
My question is, are there any authorities or organisations i can contact / complain to about how i've been treated, who can put pressure on them to pay me my final salary. Also, i know he has other foreign teachers working on the wrong visas. Obviously that is their choice.


Well you can try the PSB as others have offered in threads about release letters or file a complaint with the Labor board (as some have also suggested), but likely you will be stonewalled every-step of the way. . pressure in the form of constant attention to collecting "outstandings" may be the safest and least expensive way to go. In their eyes you left them in a hole or the gig was up for them and either way you became a "hinderence" instead of an product to sell. Perhaps putting them in a trick bag would be more rewarding by attempting to align yourself to their ideas and when the money is forthcoming, bolt.

Quote:
I refused to have a 'L' visa as it is illegal to work on one. I was told if there were any problems, they would deal with it. I dug my heels in and refused the tourist visa and was told in that case you can go back to England. I said ok and asked for my passport back. I also asked for my payment. My passport was returned the next day, but was told my payment would be at the end of the month. Guess what, no payment and noone is prepared to answer the phone to me either.


This is the advice of many on this board but it doesn't often work out for the best. There is no predicable outcome for any set of procedures and perhaps bending some on your notions of what is acceptable would have saved you a lot of trouble.
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7969



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

PostPosted: Sat Nov 06, 2010 12:15 am    Post subject: Reply with quote

i was in a similar situation once myself but hired directly by the school. you are dealing directly with an agent which is going to be more troublesome as you have no idea what's transpired between the agent and the school(s).

what worked for me (substitute agent for FAO/school) was being polite, calling often, visiting the office of the FAO every day, sometimes twice a day, asking when i was going to get paid, persevering, not getting confrontational, reminding them how much i enjoyed my time here, the reputation of this school was so great that's why i wanted to work here in the first place etc etc.

they threw other obstacles in my way but in the end, i got through it and was paid. i can't guarantee this will work for you but it's worth a try. my other colleague who they tried to cheat chose to be louder and more in their face, he also got paid but two or three weeks later than me.

if the above fails, then (allow enough time for it) go to the local PSB and make your case there. if that fails, then post this agents name all over the internet and out him as someone who can't be trusted. and let him know you're going to do this beforehand. that might get him to pay you.
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twizzler1



Joined: 04 Nov 2010
Posts: 14

PostPosted: Mon Nov 08, 2010 2:25 am    Post subject: helap / advice wanted Reply with quote

Thank you, for your advcie.

Its a shame that there isn't a professional body to take care of foreign teachers grievances and keep the agencies / schools in check.

My problem is that the agency was in Shandong provinceand i am in Guangdong. Can i register a complaint with PSB here, or will i have to go back to Qingdao to do it?
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7969



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

PostPosted: Mon Nov 08, 2010 3:40 am    Post subject: Reply with quote

i think you're better off filing this one under "lessons learned" and just move on.
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mrwslee003



Joined: 14 Nov 2009
Posts: 190

PostPosted: Mon Nov 08, 2010 5:59 am    Post subject: Reply with quote

This is the kind of problems my suggestion of a FT union be formed to look after. The Fts would be worry free and the authorities would learn where these problems are most prevalent and focus their energy on that location, to educate them to bring their standards up to the national norm. I still think it has merrits so that labour pracitises are consistent nation wide.

Why? Because the Fts are a human resourse that deserves respect and protection, because of the benefits they give to the whole economy: The Fts improve the communicability of its citizens and business people with foreign business people. That is nation wide. Not to mention international understanding as well. And that is world wide. No?

However, if you bring your case to the local security bureau and tell them you don't want to break the law and see what they say. If they agree with the employer that you can work "temporarily" while the employer seeks the Z visa for you, then you are home free.

Being flexible is the way to go, I think.

Good luck to you.
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crashintheriver



Joined: 05 Nov 2010
Posts: 8

PostPosted: Mon Nov 08, 2010 6:25 am    Post subject: Reply with quote

Clearly you don't understand the legal approval or lack of thereof of unions in China.
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mrwslee003



Joined: 14 Nov 2009
Posts: 190

PostPosted: Wed Nov 10, 2010 1:05 am    Post subject: Reply with quote

Thank you for pointing that out. However, many things are impossible in China and yet in China nothing is impossible.

Wink, wink!
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Mister Al



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

PostPosted: Wed Nov 10, 2010 7:25 am    Post subject: Reply with quote

mrwslee

On a scale of 1-10 your idea is about 9.9999999 on the impossible side. But keep dreaming anyway.
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