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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 4:37 am Post subject: Problem with my job. What are my options? |
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Hello all, I'm in a difficult situation and would appreciate some advice from those that have been here.
I teach at a private school in Baotou, Inner Mongolia and am having major issues with them. Among flat dishonesty and poor treatment, they are breaking the terms of my contract. I'd like to get out, but also do the right thing.
When I was hired, it was told that I would be teaching all of my classes at the school that hired me, when in reality I am basically wh*red out to anyone they can get a contract with. I teach at all kinds of schools all over the city from 9am to 9:30pm.
2 of these schools though, I like a lot and both have indicated that they would like to hire me to work for them after my contract is up, and one has even gone as far as to present terms to me. They both really want me to teach for them, and would without a doubt cancel their contracts with my school if I were to leave.
Can I void my contract and go teach at these schools on my own? Keep in mind my current school is breaching my contract. Additionally, it turns out that my school is not even legally able to hire foreign teachers, and my residence permit is from Shanghai, where I had to sign a shady lease on some apartment I've never even been to in order to prove I live there. My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
If I can't go teach at the schools I like in the city, what happens if I buy a plane ticket and cut my losses? Will I be blacklisted from China or something? Can I report my school to anyone for running an illegal school? Thanks very much for any help and please ask for any clarification. |
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Zimmer
Joined: 26 Oct 2011 Posts: 229
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Posted: Thu Nov 17, 2011 5:15 am Post subject: |
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Could the new school get you a visa ? That would be a make or break thing for me. |
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Thu Nov 17, 2011 5:26 am Post subject: Re: Problem with my job. What are my options? |
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Laxmatt wrote: |
Hello all, I'm in a difficult situation and would appreciate some advice from those that have been here.
I teach at a private school in Baotou, Inner Mongolia and am having major issues with them. Among flat dishonesty and poor treatment, they are breaking the terms of my contract. I'd like to get out, but also do the right thing.
When I was hired, it was told that I would be teaching all of my classes at the school that hired me, when in reality I am basically wh*red out to anyone they can get a contract with. I teach at all kinds of schools all over the city from 9am to 9:30pm.
2 of these schools though, I like a lot and both have indicated that they would like to hire me to work for them after my contract is up, and one has even gone as far as to present terms to me. They both really want me to teach for them, and would without a doubt cancel their contracts with my school if I were to leave.
Can I void my contract and go teach at these schools on my own? Keep in mind my current school is breaching my contract. Additionally, it turns out that my school is not even legally able to hire foreign teachers, and my residence permit is from Shanghai, where I had to sign a shady lease on some apartment I've never even been to in order to prove I live there. My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
If I can't go teach at the schools I like in the city, what happens if I buy a plane ticket and cut my losses? Will I be blacklisted from China or something? Can I report my school to anyone for running an illegal school? Thanks very much for any help and please ask for any clarification. |
8000RMB? Do you mean including airfare? If you are from the US, it should be a bit over 1000 RMB and much less from other countries. Once you enter China, the costs of obtaining a residence permit are generally all covered by the school, unless you did something to screw up the process and then you probably should cover that portion.
There are schools that skirt the laws because that's the way things are done locally and still treat the foreign teacher ok. But it should be a red flag when they ask you to participate in signing fake documents.
Options:
1 Fly home and cut your losses.
2 Go find "your" apartment in Shanghai, live there and pick up work locally. (still probably not legal, but at least you are living where you are registered.)
3 Ask the two schools a) are you able to hire foreign teachers legally? If they answer to your satisfaction, then ask them to intervene on your behalf with the school that is cheating you. Perhaps one of them can convince the school to terminate your contract and write you a release letter stating that you have fulfilled your obligations to the contract.
4 Complain to the Shanghai PSB that you were tricked into signing the wrong papers and that you are actually working for a unauthorized school in Inner Mongolia. You could be fined and will more likely than not be given a day or two to pack your things and exit China, and possibly put on a blacklist. Or they might be helpful.
Except for option 4, I really doubt you will be blacklisted by a school that has no license to hire foreigners. The problem is if you want to transfer before the end of the contract, even alleging breach, you should have a release letter (with red seal) from the current school, so the next school can show the government that they aren't interfering with someone else's contract.
If it's not unbearable, you might want to finish out. If they are bleeding you of money, as you suggest regarding the 8k for visa, or the work conditions are terrible then demand the original working conditions agreed upon. If they refuse or try to bully you, then just leave, it could get worse. |
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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 5:34 am Post subject: |
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The 8k does not include my airfare to China. I flew to Shanghai and there was some issue with the visa (probably because it is all shady and illegal) and then had to fly to Hong Kong to get it sorted.
I think the new school can legally hire foreigners and will ask them.
If I take option 1 and just cut my losses, can I still return to China in the future?
Thanks again for the help. |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Thu Nov 17, 2011 6:29 am Post subject: |
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Can't quite grasp if the new school has foreigner hiring rights. It would seem not if they are sub contracting you in from Employer A.
When I've had to walk I've found the new employer is most help.
Not sure about roadwalkers airfare ideas.
I fly in from Australasia and a return by Cathay/Dragon to say Qingdao is just over 10000RMB.
Back to OP. With all that commuting to other schools have you ever worked out your pay per hour devoted to the job(s)? Perhaps better not  |
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igorG
Joined: 10 Aug 2010 Posts: 1473 Location: asia
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Posted: Thu Nov 17, 2011 7:21 am Post subject: |
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I would assume the other schools that hire a school to provide FTs do not have a permission to hire FTs. Otherwise, they'd hire their own.
If my assumption is correct, it'd be pretty difficult to make such a switch given the circumstances and the fact the schools aren't far from each other. The school that offers FTs makes money out of it, doesn't it?
If i liked that area of the country and if i really wanted to stay there, i would probably stick with the current employer and wait it all out. Perhaps, the other schools will get some sort of a permission to hire FTs there later. I sure would not risk p*ssing the employer in town with a permission to hire FTs.
Having said that, however, it seems the OP's employer may not have all the licensing in tact and his/her practices are, to my knowledge, against the Chinese regulations. As far as i know, you can only work on premises of the institution/school with the licenses. Therefore, if i were the OP, i would further investigate this and perhaps get some of the local officials on my side, although this is an almost impossible task in the country that's as corrupt as it can get. |
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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 8:39 am Post subject: |
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Yeah I've worked out the pay per hour after including travel time (which I was never told about in the first place) and its depressing.
I don't care either way about the city in particular, but I do like the 2 schools that have offered to hire me. I am subcontracted, but since my school doesn't even seem legal does it matter?
Main question is still, can I come back to China if I cut my losses and go home now for awhile? |
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igorG
Joined: 10 Aug 2010 Posts: 1473 Location: asia
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Posted: Thu Nov 17, 2011 9:37 am Post subject: |
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I don't think you'll have troubles coming back unless into the same town. Well, even there i suppose would be probably ok after a while. You'd have to apply for a visa outside China though. |
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Kiwi303
Joined: 20 Nov 2010 Posts: 165 Location: Chong Qing Jiao Tong Da Xue, Xue Fu Da Dao, Nan An Qu, Chong Qing Shi, P. R China
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Posted: Thu Nov 17, 2011 9:45 am Post subject: |
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well, complaining to the authorities would mean the authorities would be alerted to shady practices occurring under their noses, which could have consequences the school would not want to think about.
I think it is less likely that they will cry foul than a licenced school that can legally hire FTs would be if you did a midnight runner. |
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Thu Nov 17, 2011 9:45 am Post subject: |
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Non Sequitur wrote: |
Can't quite grasp if the new school has foreigner hiring rights. It would seem not if they are sub contracting you in from Employer A.
When I've had to walk I've found the new employer is most help.
Not sure about roadwalkers airfare ideas.
I fly in from Australasia and a return by Cathay/Dragon to say Qingdao is just over 10000RMB.
Back to OP. With all that commuting to other schools have you ever worked out your pay per hour devoted to the job(s)? Perhaps better not  |
Sorry, it was unclear: for a US citizen, a visa to China should be in the neighborhood of 1000 RMB. Airfare, of course is much higher. |
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big_big_bang_theory_fan
Joined: 10 Aug 2011 Posts: 105
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Posted: Thu Nov 17, 2011 10:10 am Post subject: Re: Problem with my job. What are my options? |
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Laxmatt wrote: |
Hello all, I'm in a difficult situation and would appreciate some advice from those that have been here.
I teach at a private school in Baotou, Inner Mongolia and am having major issues with them. Among flat dishonesty and poor treatment, they are breaking the terms of my contract. I'd like to get out, but also do the right thing.
When I was hired, it was told that I would be teaching all of my classes at the school that hired me, when in reality I am basically wh*red out to anyone they can get a contract with. I teach at all kinds of schools all over the city from 9am to 9:30pm.
2 of these schools though, I like a lot and both have indicated that they would like to hire me to work for them after my contract is up, and one has even gone as far as to present terms to me. They both really want me to teach for them, and would without a doubt cancel their contracts with my school if I were to leave.
Can I void my contract and go teach at these schools on my own? Keep in mind my current school is breaching my contract. Additionally, it turns out that my school is not even legally able to hire foreign teachers, and my residence permit is from Shanghai, where I had to sign a shady lease on some apartment I've never even been to in order to prove I live there. My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
If I can't go teach at the schools I like in the city, what happens if I buy a plane ticket and cut my losses? Will I be blacklisted from China or something? Can I report my school to anyone for running an illegal school? Thanks very much for any help and please ask for any clarification. |
It is amazing the density of "teachers" in just this sort of issue.
Your choices are S-I-M-P-L-E:
Act like a professional, adult and honor your contract.
Or...
If the employer is in violation of the contract and you can document and prove violation, THE CONTRACT IS WRITTEN TO PROVIDE YOU THE OPTION TO LEAVE THE CONTRACT DUE TO EMPLOYER VIOLATION. Why is it so difficult for people to READ and comprehend your legal SAFEA contract that dictates what violates the contract on their part and your options to "get out."
Anyone who signed the contract and yet still asks these questions should never have come here to begin with.
Your contract gives you the right to terminate the contract.
YIKES |
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PandaPandemonium
Joined: 01 Oct 2011 Posts: 54
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Posted: Thu Nov 17, 2011 10:10 am Post subject: Re: Problem with my job. What are my options? |
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Laxmatt wrote: |
My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
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This sounds as if they had to bribe somebody to give you the visa, it is incredibly costly. I don't understand why you don't leave this school immediately, or at least try to fight for the terms of the contract you have agreed upon. Everything you said sounds horrifying. |
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Baozi man
Joined: 06 Sep 2011 Posts: 214
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Posted: Thu Nov 17, 2011 11:42 am Post subject: |
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Be careful about making threats, involving law enforcement, and so forth.
You are involved in a totally illegal scam, which you participated in by signing false documents. Legally speaking, there is nothing you or them can do.
The ONLY way you should come to China for the first time is with a "Z" visa. And you shouldn't participate in obviously fraudulent schemes once you are here.
Find a school that can provide you with a "Z" visa. If you don't qualify, get qualified, if you want to teach here. An associate's degree and a TESOL/TEFL/CELTA is enough in some provinces. A bachelor's degree is better with English teaching certification.
It would be interesting to know how you got caught up in such a mess. |
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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 12:34 pm Post subject: |
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To clarify: I meet all the requirements for teaching here and had a z visa which is now a residence permit.
It's not a question of "being a man" and honoring the contract, as they are breaching it themselves. To this point, I have done nothing to breach the contract.
I came to ask for advice and have been given mostly good advice, so thanks for that. I know I can get out of the contract and wanted to make sure it was the best option and that I wouldn't get blacklisted or something (which seems like a reasonable question to ask).
Sorry if my honest situation and questions offended the sensibilities of the noble posters here. |
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The Great Wall of Whiner

Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing
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Posted: Thu Nov 17, 2011 1:10 pm Post subject: |
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Personally, if a school makes me work from 9 AM to 9 PM, travelling all over a city, working with a dodgy visa, breaking the contract, making me pay for what other schools give for free (I have paid ZERO for a visa since coming here in 2003), and I am being paid what I assume is peanuts, I'd be long gone.
The abuse is obvious.
Personally, I'd find a new job in a new province on-line that offers a proper visa. I'd make sure that all expenses are paid, and make sure the starting day is a few days after my pay day.
I'd leave right after I got paid and not look back.
But that is just me personally. |
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