Job Discussion Forums

pfraser · Joined: 18 Jun 2010 Posts: 7

hi all,

hoping someone could answer a question for me

my gf and i have decided to leave our school in china. rather than pull a runner, we tried to approach our boss diplomatically.....maybe not the best idea in highsight

he basically said that if we tried to leave china before paying him a contract annulment fee, he could arrange it so we would be detained at airport customs and not allow to leave china

our contract does say something about this, but if possible, we'd rather not pay at this point

so any truth in this? can they hold us at the airport? we are canadians, and now we just wanna get the h*** outta here asap

thanks

daCabbie · Joined: 02 Sep 2007 Posts: 244

They can and will try to detain you at the school or school sponsored housing. But beyond there they cannot do much.

Just leave quietly. If you have problems call the police. Just dial 110

Good luck. Be safe.

eslteach · Joined: 28 Sep 2010 Posts: 94

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

Your boss is just trying to scare you into paying him some undeserved money.

leaving a school is not grounds for arrest or detainment.

So just pack your things and go where you want.

My advice is leave the school if you live there or the apartment if its a school room and go camp out with a friend or stay in a hotel if he has access to your apartment.

The real risk is if he has access to your apartment is he steals your belongings and hold them for ransom.

So make sure NOT to give him your passport or anything of value again and limit your risk and exposure.

DixieCat · Joined: 24 Aug 2010 Posts: 263

pfraser · Joined: 18 Jun 2010 Posts: 7

thanks for this everyone

so, to be clear, we will be fine. even though our contract mentions a breach penalty, as long as we get out of their apt. asap, there's nothing that can happened at the airport while trying to leave the country. we CANT be held in china for not honouring our contract?

thanks again

daCabbie · Joined: 02 Sep 2007 Posts: 244

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

I'd say it was not worth his while to go to the length you describe. However, I read a lot of criticism about contracts not taken seriously by schools. It's disappointing when 'foreign teachers' treat contracts in a similar way. Why did you sign a contract you now wish not to follow seemingly because it does not suit you? I am guessing you upping and leaving the job you signed up for does not suit your school either. How would you feel if your employer decided, just like you, to breach the contract and not pay you? I would guess you would want to take action against him too right? Contracts cut both ways.

Your employer can ask that you are blacklisted and barred from entering China again. Is breaking your contract really worth that? You have decided to nullify the contract, take it on the chin by doing the right thing. See your contract out or pay up to compensate your employer for his troubles.

This is probably not what you wanted to hear, but I hope you are mature enough to take responsibility for your actions even when your mistakes are going to cost you.

frenchfrydoggy · Joined: 16 Nov 2010 Posts: 53

The fact is that you CAN be detained if you legal/financial obligations in China

A'Moo · Posted: Mon Nov 29, 2010 4:39 pm Post subject:

Lorean · Joined: 21 Dec 2006 Posts: 476 Location: Beijing

DixieCat · Joined: 24 Aug 2010 Posts: 263

For any detainment to take place there has to be charges on file at the time of confinement. Those charges would have to be criminal in nature. Contract disputes do not play out in the airport.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

I agree with west2east. Every other day it seems, there is a message here at Dave's (often from someone who has rarely, if ever, posted before) asking how they can go about quitting a contract, pulling a runner, bailing out, whatever. It doesn't take long for half a dozen people to jump in urging these posters on and how they shouldn't worry, everything will be fine, blah, blah, blah. How quick some are to just assume that the poster is a fine, upstanding person who got screwed by yet another horrible school. Quite frankly, I don't care what the school has supposedly done or not done to the "teacher", but I think (outside of truly extreme situations) that these people should suck it up, ride out your contract doing the best you can in whatever situation you're in, and then move on, learning valuable lessons from this job. That's my opinion and I'm sticking with it!

drrjon · Joined: 09 Oct 2010 Posts: 35 Location: Chongqing

I agree with west2east. Contracts work both ways and if you sign a contract you should honor it. As the HR director with over 60 foreign teachers to assist I see this issue come up often. Teachers are quick to get bent out of shape if there is any deviation from terms in their contract but then have no problems breaking their contracts. If you can not abide by the rules of the company and the the terms of the contract then do not sign.

Recently a teacher took an unauthorized leave and now is complaining that he did got get paid for classes he missed. He feels it is unfair even though he did not show up for classes. Another teacher was refused a second long vacation in a very short period of time so she pulled a runner. Her first vacation was granted before her contract allowed it but that was not good enough for her. She does not care that by running without telling anybody has caused a lot of trouble for the school and a lot of concern for her safety from those who worked with her.
Another poster here made a comment that this board has a lot of "Uncle Toms". I did not know that this site was developed just to bash China or language schools.

DixieCat · Joined: 24 Aug 2010 Posts: 263