Job Discussion Forums

5h09un · Joined: 01 Jul 2010 Posts: 140

i decided last week to quit my job. my employer has breached our contract in multiple ways (multiple failures to pay on time and multiple refusals from my supervisor to arrange my foreign expert certificate and my residency permit for me.) they tried a couple of times to take me out to dinner, butter me up and get me to forget about it, but i hate this job and i hate the way i've been treated here, and i'm fed up. needless to say, i never accepted their invitations.

anyway, the other night, my boss called me and told me to be at my apartment last saturday morning because we needed to have a talk. and then he warned me that if i wasn't there to meet him, that the police would be looking for me. that scared the bejesus out of me. why on earth would i be at risk of going to jail for not meeting him?

first, he brought up my residency permit and foreign expert certificate. he said that the police know that i've been working at their university with the wrong documents, that he has friends in the PSB, blah blah blah.

i gave my passport, which contains my residency permit, and my foreign expert certificate to my supervisor here in henan in august, before the school year even started. neither of these documents have expired. i also gave her my release letter from my last university, but she never ended up getting me my residency permit or my foreign expert certificate in this province. this was something i complained about in my resignation letter and when i met with the directors of the department face to face last week. to clarify, yes, i have a signed contract which bears the university's seal despite all of this nonsense. and yes, she has refused on multiple occasions to cooperate with me even though it clearly says in my government-written contract that this is her responsibility.

anyway, i was in my apartment the other morning just like i was ordered to be, and i even left my door unlocked. he could've just pushed the door open and seen me lying on my bed, but he never showed up. i'm thinking he's been blowing smoke because he doesn't want to pay the monetary damages to which my contract clearly states i'm entitled and he's trying to cover this up so that he doesn't get in trouble because of my supervisor.

and then he said that someone told him that i had a part-time job somewhere. i said that i quit that job a long time ago after i was warned the first time. there was this little back and forth and he said that it doesn't matter whether or not there's any evidence. all the police need to do is hear something and there will be serious trouble.

what should i do next? before you ask, yes, i have contacted my embassy and they told me to hire a lawyer. the problem is that the list of lawyers my embassy has on their website are all pretty much in beijing and tianjin. i'm in zhengzhou. should i go to the police? should i go to the PSB? they're already telling all of the other teachers that i'm here illegaly. technically, i guess i am, but that's not my fault.

note: i'm asking what i should do next. i am not asking whether or not you thought what i did was a good idea. please bear that in mind before responding.

edit: i still have my passport. that was returned to me a long time ago. but they haven't asked for it back for reasons i've already explained. (i.e., complete lack of interest in arranging the proper documents.)

daCabbie · Joined: 02 Sep 2007 Posts: 244

5h09un · Joined: 01 Jul 2010 Posts: 140

godisasadjoke · Joined: 11 Nov 2010 Posts: 15

This is the real world. Little you can do. Either get out or kiss ass to make-up.

Should have considered getting out sooner rather than waiting more than 2 months for credentials and as we say, "document, document, document" so you could have quit in the correct way with minimal retaliation.

xi.gua · Joined: 15 Jul 2010 Posts: 170

west2east · Joined: 03 May 2009 Posts: 120 Location: China

I would try to remain diplomatic and do everything that you are obliged to do according to your contract.

Do not run, it can make your situation worse and potentially long term consequences.

Document everything you know to be fact. Be concise. Only document really important matters, not trivial things that ultimately do not compromise your ability to work.

Be proactive in your communication with your line manager and/or the person with influence. Always best to talk with the person that makes the decisions.

Arrange to meet your supervisors on neutral territory, not your apartment. The school may be an appropriate place.

Have a trusted colleague with you to give you support and to take notes on what is said and as importantly, what is agreed.

Have in your mind a realistic outcome that you consider to be in line with your obligations and also the obligations of the school.

Make it clear that whatever the outcome, you want it to be of mutual benefit to both parties.

Hope that helps.

xi.gua · Joined: 15 Jul 2010 Posts: 170

5h09un · Joined: 01 Jul 2010 Posts: 140

i was nice and i was diplomatic, and i never asked the school to do anything that wasn't in the contract we both signed. i explained my grievances to them in detail, and they understood what my problems were, but they were dismissive.

anyway, i've gotten in touch with a couple of lawyers, and both of them want to see a copy of my contract. however, my friends here have warned me not to bother fighting, because this is a government school. ugh.

west2east · Joined: 03 May 2009 Posts: 120 Location: China

goroh · Joined: 09 Feb 2009 Posts: 23

hey OP , can you PM me the school's name?
I live in ZZ and would like to know where is the story taking place,
in case I change my univ, look around for sum extra hours or whatever...
cheers!

mat chen · Joined: 01 Nov 2009 Posts: 494 Location: xiangtan hunan

Be careful of a new trick. They tell you they will get you the visa take in your passport , wait for the visa to expire and then have you nailed for an over stay. They are not going to just let you go. I have never seen this or heard of it. They have invested in you I'm sure. They had to pay a recruiter to have you come. They have had to give gifts to people you think are protecting your interest. You have to continue the job and smile. A contract means nothing. The thing that most of us fail to understand is that they are all friends. Your boss played the fear card in having you wait for them at your given residence. Being paid late is standard. It is standard for a lot of Chinese too. It is a way of making you feel miniscule. Anyway I am sure if you can weather the storm your next job will be better. Don't get caught up with your co-workers like the advice givin on this forum , their advice too will not help you.

drjtrekker · Joined: 16 Feb 2008 Posts: 251

haha.......dumb kids.

5h09un · Joined: 01 Jul 2010 Posts: 140

ellecbee · Joined: 25 Mar 2009 Posts: 21

I think West2east gave you the most sound advice. I found myself in a bad situation in one of my former contracts and the more I fought and stood my ground and defended myself, the harder my life was.

Unfortunately, when we are working in their country, we are playing by their rules, as much as that sucks (for lack of a better word) it's true and we all know it. I was sooooo close to running and I'm really glad I didn't, because at the end of the day, that would have only hurt me. However, I was almost halfway through my contract, so I had time invested. How far in are you? I think if I were one, two months in, I might have decided differently.

Try to remain calm, angry people rarely make sound decisions. Think this through, you are the one that has to live with the outcome. Step back, see if there is anything within reason you can do to fix this. Try to change your demeanor (which is hard when you are dealing with totally unreasonable people), coming out of the box fighting and defending yourself can totally diminish any chances of mediating this out with your employer.

Good luck.

5h09un · Joined: 01 Jul 2010 Posts: 140