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Being contracted out ????
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shenyanggerry



Joined: 02 Nov 2003
Posts: 619
Location: Canada

PostPosted: Sat May 01, 2004 2:54 am    Post subject: Reply with quote

It's easy to comment sitting here at my computer but I think you have to refuse to go off-site again. Take your contract and point out the relevant clause. If you don't stand firm, they'll run roughshod over you. Good luck!
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Cowboy Pete



Joined: 28 Mar 2004
Posts: 106
Location: Godless China thank God

PostPosted: Sat May 01, 2004 3:06 am    Post subject: Reply with quote

Metro stations.
Dashiguan
Xizhimen
Wanfujing
Light rail is at xizhimen by the way. have you rode it?
How about Andignmen, I once had a gay lover who lived in one of those god forsaken high rise apartment comlexes.
Oh, and Gongshufeng
I also, knew a student once who lived there. Very sad girl with a brutish husband, much like you I suppose.
And do not forget Yong He Gong.
The midnoght run is an option. You call it telling them and leaving. But the midnight run is a big *beep* you! Get it?
Do you know what the apple orchard refers to? Heck, you probably ain't in China.
I will meet you at Dirty Nellies and you can buy you cheap *beep*
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hahahaha



Joined: 25 Apr 2004
Posts: 79
Location: China

PostPosted: Sat May 01, 2004 11:07 am    Post subject: Reply with quote

.
If you have enough money to keep you going until you find another school, demand for your passport and walk away.
Otherwise.....play nice until you get your passport and another job before you walk away.
If you like the school and don't want to leave ,you could do a terrible job at the school you are being told to work at. The students will complain and you will be fired , allowing you to work only at the school you signed for. You will have a good excuse for that........I have no experience with kids.
Rolling Eyes
My three cents
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Ger



Joined: 25 Feb 2004
Posts: 334

PostPosted: Sun May 02, 2004 8:01 am    Post subject: Reply with quote

Well the situation described by the original poster is, in my view, good grounds for a midnight runner, not so much for the illegal activity that the owner of the private school wants you to engage in, but more for the emotional insecurity and annoyance of the sneaky way in which you were told of the new arrangement and the ultimatum (sacked) if you don't play ball after the goal posts have been moved. If you choose to do a midnighter, be sensible and get your passport back first and a letter of release - grandma is seriously ill with a 50/50% of survival and wants to see her favourite grandchild - please can you have your passport, flight money and a letter of release!

YOu could get the name and number of the headmaster of the middle school and call him early in the morning to tell him that you'd like to oblige but it would be illegal for you under the current contract. Could he think of a solution.

You could play ball according to the new rules of the game and get a revised contract with new terms and conditions to provide for your work at the middle school.

You could engage in passive aggression, that is often what the Chinese do, they say yes, yeah, I'll do it, I'll deal with it, but they DO NOTHING - in fact they are actively ignoring the issue. YOu could just ignore them, work according to your contract, get paid and get your passport back. If they don't fulfill their end of the contract (e.g. by not paying you) you have grounds to go to the police.

Another option is to covertly tape record the school owner, go with a witness such as a cop or lawyer. Get it down on tape in Chinese and English if you can. Pop in for a chat and get the owner to clarify everything, her name, what she wants you to do, the name of the middle school headmaster, what your contract stipulates, how it would be illegal for you, if you don't do it the ultimatum, discuss the ultimatum, any severance pay for you, discuss it all in detail and stay calm, talk about your passport too. Get it on tape. Then get a solution to your problem with the help of the PSB or preferably a lawyer. In any event get advice from your embassy about your passport, you are not supposed to let it out of your possession for any reason, in the pirating world of China someone could be making a copy of it for illegal purposes.

The tape recording - heavy arm of the law is the last option - be in a safe place if you choose to put that one off because the owner may send people around to erase the tape - and you!
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Mon May 03, 2004 2:45 pm    Post subject: Reply with quote

List of priorities:
Get out safely
Get passport back
Get paid
The rest is gravy. Whether you smile and then do a midnight runner or stand firm and walk in daylight is a tactical concern, but the strategic objectives are clear.
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Teacher Lindsay



Joined: 31 Mar 2004
Posts: 393
Location: Luxian, Sichuan

PostPosted: Mon May 03, 2004 4:16 pm    Post subject: Reply with quote

Stosskraft wrote:-

Quote:
At this point I showed her my contract with Modern English, and the section that forbayed me from teaching at other language institute's.


and

Quote:
Now I do have a firm contract with Modern English, and it even states that I am NOT allowed to work for any other schools


Be careful not to misinterpret the contract clause.

My contract contains the clause "Employee cannot work for other company by using the working visa which provided by Employer, otherwise Employer has the rights to take legal action.".

But this is a one-way street, so to speak. The contract forbids me from getting another/second job at another company but does not prevent my employer from sub-contracting me out.

lagerlout2006 wrote:-

Quote:
You will take the risks and they get paid. You wont likely get busted but that's not the point.


and Ger wrote:-

Quote:
not so much for the illegal activity


They may both be right. Maybe it is illegal for your employer to send you to a school to teach. If it is, I am genuinely interested in knowing the relevant law.

Each of the 50+ teachers at the company where I work, which calls itself a language centre, is subcontracted out to public schools. We all have Foreigner Residence Permits which nominate the language centre as our employer.

The PSB have done a random inspection at the school I have been assigned to, checked my FRP and, apparently, consider everything to be in order.

Roger wrote:-

Quote:
Training centres routinely farm their FT's out to public schools.


I have seen many Chinese job ads on the internet in which the language centre / training centre has openly declared that their teachers will undertake classes at a public school during the day and teach classes at the language centre at night or on weekends.

hahahaha wrote:-

Quote:
If you like the school and don't want to leave ,you could do a terrible job at the school you are being told to work at. The students will complain and you will be fired , allowing you to work only at the school you signed for.


I agree. Play them at their own game, and outsmart them.

Talk to the kids really fast and choose the most obscure and complex vocabulary you can think of.

The kids will soon complain and the headmaster will ask the language centre for a replacement teacher.

Cheers
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Teacher Lindsay



Joined: 31 Mar 2004
Posts: 393
Location: Luxian, Sichuan

PostPosted: Mon May 03, 2004 4:22 pm    Post subject: Reply with quote

Quote:
Now, another rookie mistake on my part: They director still has my passport in Nanjing. They took it there to get my visa, and now trying to get it back is proving difficult.


An afterthought.

I know, for a fact, that it is illegal for you to be teaching classes at the language centre or the school prior to your FRP being issued. Both you and the language centre face penalties. I understand that you could be deported for working without a FRP.

Therefore, be very cautious about involving the authorities.

Cheers
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