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flyingscotsman
Joined: 24 Mar 2010
Posts: 339
Location: Suzhou, China
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 Posted: Thu Dec 09, 2010 11:33 am Post subject: Validity of contract when working on a tourist visa |
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I am not sure if this question has been asked but what exactly is the validity of a contract when you live and work on a non-working visa.
if a person is not happy working for his current employer and wants to leave but has a non-working visa are there any ramifications?
Let's say I am working at school A and I want to leave and go to school B. School A promises a working visa but never delivers and school B promises a working visa and CAN deliver.
leaving with giving notice will be costly as they will keep the final month of salary.
So how to approach this situation?
I have never liked working at school A and school B seems like a nicer place to work and of course I never like working illegally. |
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johntpartee
Joined: 02 Mar 2010
Posts: 3258
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| Posted: Thu Dec 09, 2010 12:14 pm Post subject: |
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| Quote: |
what exactly is the validity of a contract when you live and work on a non-working visa.
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None. |
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wailing_imam
Joined: 31 Mar 2006
Posts: 580
Location: Malaya
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| Posted: Thu Dec 09, 2010 12:32 pm Post subject: |
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| Get your last pay and leave quietly. There will be no legal ramifications. However, if you inform them of your desire to leave, things will get messy. |
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frenchfrydoggy
Joined: 16 Nov 2010
Posts: 53
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| Posted: Fri Dec 10, 2010 1:18 am Post subject: |
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DixieCat
Joined: 24 Aug 2010
Posts: 263
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| Posted: Fri Dec 10, 2010 1:39 am Post subject: |
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| Not sure as to the legal status and taking legal advice from a forum is not recommended, however, I would think it is safe to assume that the boss will not bother with the process of filing a contract dispute claim with the labor board or filing a law suit based on contract disputes. |
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The Great Wall of Whiner
Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing
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| Posted: Fri Dec 10, 2010 2:53 pm Post subject: |
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You'll be fine.
The school can't do a thing. It's like the drug dealing boss going to the police about someone who ripped them off a few grams of heroin they were supposed to sell.
Seriously. They are breaking the law. How can they complain about you breaking a contract? |
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therock
Joined: 31 Jul 2005
Posts: 1266
Location: China
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| Posted: Fri Dec 10, 2010 3:00 pm Post subject: |
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| They could report you as working illegally, who are the authorities going to believe? |
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west2east
Joined: 03 May 2009
Posts: 120
Location: China
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| Posted: Fri Dec 10, 2010 4:16 pm Post subject: |
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The school you work for have no legal hold on you whatsoever. Yes, you have been working illegally and at the same time the school has been employing you illegally. It's highly, HIGHLY unlikely they will do anything about you leaving from a police point of view. They may have connections as not to get themselves in trouble if found out, but the police will not sponsor demands of a school to somehow punish you for working for them if they employed you illegally in the first place as that would mean the police actually doing their job on behalf of a school that is not licensed to employ foreign teachers in the first place. Therefore the police risk loss of face if their superiors were to find out.
Arrange your legal employment, collect your next salary, move to new school and be prepared to do a visa run to Hong Kong or some other country which may have to be at your own expense. And please, do not return to China on anything else other than a Z visa if your intention is to work. |
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The Great Wall of Whiner
Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing
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| Posted: Sun Dec 12, 2010 9:41 am Post subject: |
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| therock wrote: |
| They could report you as working illegally, who are the authorities going to believe? |
How would that benefit the school?
School: I'd like to report a foreigner teaching illegally.
Police: Where?
School: Here.
Police: 
School: What are you going to do about it? Get him!
Police: Are you seriously reporting your own teacher?
School: Yes.
Police: He was illegally working in your school you say?
School: Yes.
Police: And you let him work illegally in your school?
School: Yes.
Police: So you illegally employed a foreigner?
School: Yes.
Police: OK don't worry, we'll get him. But as of now, your school is closed.
School: Why?!?!
Police: For hiring illegal foreign workers without permission. |
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AnotherExpat
Joined: 14 Oct 2010
Posts: 19
Location: Hebei, China
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| Posted: Mon Dec 20, 2010 1:39 pm Post subject: |
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Hm, hm...
You never know.
If your current boss finds out and he is just that type of person AND he has good contacts - he could do mean shit to you.
Let's hope that's not the scenario, but let's also not exclude it.
The only useful advice that I can give you:
Stay on the dl, keep a low profile.
I mean yeah, you're a foreigner in China. But you get my point. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Dec 21, 2010 2:46 am Post subject: |
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| The Great Wall of Whiner wrote: |
Police: OK don't worry, we'll get him. But as of now, your school is closed.
School: Why?!?!
Police: For hiring illegal foreign workers without permission. |
School: But we have permission to hire illegal foreign workers! |
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The Edge
Joined: 04 Sep 2010
Posts: 455
Location: China
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| Posted: Tue Dec 21, 2010 3:33 am Post subject: |
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| choudoufu wrote: |
| The Great Wall of Whiner wrote: |
Police: OK don't worry, we'll get him. But as of now, your school is closed.
School: Why?!?!
Police: For hiring illegal foreign workers without permission. |
School: But we have permission to hire illegal foreign workers! |
Police: Yes, you're correct. It was an oversight on our behalf. Sorry about that. Carry on.  |
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therock
Joined: 31 Jul 2005
Posts: 1266
Location: China
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| Posted: Tue Dec 21, 2010 7:28 am Post subject: |
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| The Great Wall of Whiner wrote: |
| therock wrote: |
| They could report you as working illegally, who are the authorities going to believe? |
How would that benefit the school?
School: I'd like to report a foreigner teaching illegally.
Police: Where?
School: Here.
Police:
School: What are you going to do about it? Get him!
Police: Are you seriously reporting your own teacher?
School: Yes.
Police: He was illegally working in your school you say?
School: Yes.
Police: And you let him work illegally in your school?
School: Yes.
Police: So you illegally employed a foreigner?
School: Yes.
Police: OK don't worry, we'll get him. But as of now, your school is closed.
School: Why?!?!
Police: For hiring illegal foreign workers without permission. |
The dialogue is more likely to go like this
School: I'd like to report a foreigner teaching illegally.
Police: Where?
School: Here.
Police:
School: What are you going to do about it? Get him!
Police: Are you seriously reporting your own teacher?
School: Yes.
Police: He was illegally working in your school you say?
School: Yes.
Police: And you let him work illegally in your school?
School: Yes.
Police: So you illegally employed a foreigner?
School: Yes.
Police: OK don't worry, we'll get him. But as for now............ 
School:  (hands over an envelope stuffed with cash)
Police: Thankyou, that foreigner will never be allowed to work in this city again.  |
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El Chupacabra
Joined: 22 Jul 2009
Posts: 378
Location: Kwangchow
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| Posted: Tue Dec 28, 2010 3:16 pm Post subject: Re: Validity of contract when working on a tourist visa |
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| flyingscotsman wrote: |
I am not sure if this question has been asked but what exactly is the validity of a contract when you live and work on a non-working visa.
if a person is not happy working for his current employer and wants to leave but has a non-working visa are there any ramifications?
Let's say I am working at school A and I want to leave and go to school B. School A promises a working visa but never delivers and school B promises a working visa and CAN deliver.
leaving with giving notice will be costly as they will keep the final month of salary.
So how to approach this situation?
I have never liked working at school A and school B seems like a nicer place to work and of course I never like working illegally. |
Illegal or not, a contract is a promise between two parties. School A has already breached said contract. You're free, but still you should quietly give'em the slip. |
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