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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Thu Feb 21, 2013 7:40 am Post subject: |
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| Luobi wrote: |
| .....they've hinted however that they will pursue legal action if I stay in China, and that the agent will pursue legal action if I return to Australia.... |
so.....a 'school' ineligible to hire foreign teachers brings you over on a
tourist visa to teach illegally, and planning to fraudulently use another
school to get you a black market visa is threatening legal action?
you're on a tourist visa. the contract, even if signed and stamped, is
invalid. you are free to travel until your visa expires. |
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kungfuman
Joined: 31 May 2012 Posts: 1749 Location: In My Own Private Idaho
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Posted: Thu Feb 21, 2013 10:29 am Post subject: |
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WOW! Do you see the words "Redrum" written on any of the walls?
Come on here. You don't need to be a China long-timer to see the writing here. Scamming you on the first paycheck? You really didn't get scammed - your money was just going into someone elses pocket.
About the visa - you are working illeaglly - understand that. The Chinese government has proclaimed that if you are working illegally they will not offer you ANY protection at all. So the school is doing everything that can to scam you.
If you want to leave you should - when it is the best time for you.
If you want to stay - then you should - but you need to have a sit down with the school and tell them no more cheating and lying and that you need to have a proper visa asap.
Bring a lawyer is good and bad. Showed them that you are a not a laydown but also bad that you went outside the school to get things settled.
Be firm in whatever you choose but so far they are just feeding you lies and cheating you. Will it get better???? REDRUM |
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kungfuman
Joined: 31 May 2012 Posts: 1749 Location: In My Own Private Idaho
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Posted: Thu Feb 21, 2013 10:32 am Post subject: |
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| Luobi wrote: |
| .....they've hinted however that they will pursue legal action if I stay in China, and that the agent will pursue legal action if I return to Australia.... |
This threat is as empty as they come. Shows how desperate the recruiter is to save their commission. |
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kev7161
Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China
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Posted: Thu Feb 21, 2013 2:19 pm Post subject: |
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Re: the calculation of /30 - -
I agree that we actually work 22-23 days on average per month and that may be a better calculation (my school also divides by 30 to determine salary reduction for missed days without good cause). However, from my viewpoint, my school also pays me for nearly 14-15 weeks of the year without me working a single hour for it. I'm talking the various holidays and summer break throughout the year. Plus there are days when classes are canceled due to school-wide Chinese testing, sports days, etc. I'm not going to rock the boat due to their computations on this one.
I actually side with the school in that they should only pay you for the days you worked. Yes, they could have been more up front about it, but that's my opinion. |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Thu Feb 21, 2013 2:37 pm Post subject: |
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| I actually side with the school in that they should only pay you for the days you worked |
Same here; some schools pro-rate, some don't. Nothing wrong with it. But that other nonsense.. |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Thu Feb 21, 2013 7:24 pm Post subject: |
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| Luobi wrote: |
Thanks for all the advice, I've asked the school about the 2-3 year time period before being to able to hire foreign teachers. They've then driven me to a school in a larger nearby city with foreign teachers (who I wasn't given an opportunity to talk to) and have told me that this school will organise my Z visa Is this normal?
Also, I think the school is catching on to the fact I might be running soon (thanks for the advice on how to get out rogerwilco and Javelin of Radiance) they've hinted however that they will pursue legal action if I stay in China, and that the agent will pursue legal action if I return to Australia. Is this even possible? If I just move to another city without informing the school of my location what can they really do? My lawyer mate said technically they could try to find me and instigate legal action but the cost of that would out weigh the benefits. Does anyone know of cases where schools have instigated legal action for foreign teachers that have broken contracts? |
I've known schools which do have FT hiring rights to hire teachers who will in fact be working for other non-legit schools.
As soon as Spring Break is over and there is no reasonable excuse for for your residence not to proceed get looking for another job.
I know you are in a small place but do the rounds of the FAOs at any state unis or vocationals you can find.
Front up (avoid say 12 to 2pm) and spill your story. Many schools could do with a top up teacher for the Spring semester.
Do NOT tell your current school what you are up to. Leave the 'muscling' to your new employer. A state outfit can always put it over a private start up.
They have been in the game a long time and they have the guanxi.
Last edited by Non Sequitur on Thu Feb 21, 2013 7:26 pm; edited 1 time in total |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Thu Feb 21, 2013 7:24 pm Post subject: |
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| Sorry posted 2x |
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Luobi
Joined: 21 Feb 2013 Posts: 5 Location: China
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Posted: Fri Feb 22, 2013 1:14 am Post subject: |
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Ok, thanks for giving me some perspective regarding the calculation of 30, I'm really new to all of this. Although I also don't receive regular school holidays, while teaching staff and students are on school holidays I'm still in the office working with administration (putting together scope and sequences, unit plans etc) but to be fair I was made aware that office work would be a part of this position.
I'll sit down and have an civil discussion with the school regarding my concerns (just myself, no lawyer present), stress the importance of the work permit being granted ASAP, do my best to assess if this "International school" is actually going ahead, and stress that when I voice concerns or seek clarification I'm not trying to be offensive and that threats of "you'll be fired" and "we'll instigate legal action if you run" are counter productive.
Thanks again to everyone for your advice, I feel I have more perspective to deal with this now, and have some idea how to deal with schools in the future.
Cheers. |
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kungfuman
Joined: 31 May 2012 Posts: 1749 Location: In My Own Private Idaho
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Posted: Fri Feb 22, 2013 5:19 am Post subject: |
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| kev7161 wrote: |
| my viewpoint, my school also pays me for nearly 14-15 weeks of the year without me working a single hour for it. |
Aint that a great thing... |
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Denim-Maniac
Joined: 31 Jan 2012 Posts: 1238
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Posted: Fri Feb 22, 2013 10:04 am Post subject: |
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| Luobi wrote: |
Thanks again to everyone for your advice, I feel I have more perspective to deal with this now, and have some idea how to deal with schools in the future.
Cheers. |
I dont think you do have any more sense or perspective!
Leave. Now.
1) Disagreements and shortfall over pay.
2) Asked to come on a tourist visa and work
3) No legal visa likely to be issued
4) Departments heads telling you, you may be fired / left without visa / subject to legal action.
When I read this thread yesterday I thought it was a terrible story, but I also thought you had been very very foolish. "I thought the job would be OK because the salary was high" and your posts also make it sound like the 'trustworthy and reputable' recruiter is a business partner to this school? It just appears to me as if you have dollar signs in your eyes and have been hoodwinked and convinced by a high salary. And now you want to stay so the high salary rolls in.
I mean come on! They have driven you to a big school that has foreigners (None of whom you've talked to) and said you'll get a visa there and you accept that as being OK? You seem to believe that!
Then there are approx 15 people with Chinese experience in your thread saying something between 'LEAVE NOW' and 'Prepare to leave', and you dont believe us!
And I should add I dont think it was a cultural misunderstanding to take your lawyer friend in to discuss your pay. There is nothing 'cultural' about it. If you had a query over your first pay packet in the UK and you addressed it by taking a lawyer in to challenge a finance director, I think its safe to say that wouldnt go down well.
Leave. Now. |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Fri Feb 22, 2013 10:53 am Post subject: |
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| Then there are approx 15 people with Chinese experience in your thread saying something between 'LEAVE NOW' and 'Prepare to leave', and you dont believe us! |
To be honest many here seem to be "Pollyanna-ish" |
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Denim-Maniac
Joined: 31 Jan 2012 Posts: 1238
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Posted: Fri Feb 22, 2013 11:02 am Post subject: |
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Ooooh, I have learned a new word. I'd never seen 'Pollyanna'ish' before!
Maybe my post was a tad harsh in tone, and incorrect as there are probably 15 replies, but not 15 different voices.
This has the potential to be an ongoing disaster though IMO. And I am probably one of the more Pollyanna'ish members here, with a tendency to shout 中国加油!but not this time.
Mistake 1 - Choosing a job on the basis of salary, a recruiter looking good online (assuming that means having a nice website) and travelling on a tourist visa.
Mistake 2 - Things start unravelling, unreasonable behaviours, untruths being told and still deciding to stay. |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Fri Feb 22, 2013 11:23 am Post subject: |
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I've had bad gut feelings about places and usually regretted going ahead and taking the position. In this situation, there are tangible bad vibes. LEAVE, OP! IMMEDIATELY!
Everybody on here has probably been Pollyana-ish (Rebecca of Sunnybrook Farm-ish?) at one time or another, but this ain't gonna work out for you. You're illegal, they're threatening you......... |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Fri Feb 22, 2013 11:38 am Post subject: |
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on second read, this one is starting to seem a bit too troll-ish.
it's got everything! everyone's pet peeve....
= newbie, first time in china
= the fake 'international' school
= extremely high pay in a small town
= no paid holidays
= working on a tourist visa
= late pay, short pay
= screaming managers
= lies, lies and more lies
= threats of legal action
= 'reliable' recruiters
= recruiter in bed with school
= visa from a third party school
only thing they forgot is "the director has my passport and won't
return it until they get the z-visa."
is this you, hewlett? |
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fred13331
Joined: 20 Feb 2012 Posts: 108 Location: Southern China
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Posted: Fri Feb 22, 2013 12:21 pm Post subject: |
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| Luobi wrote: |
Thanks for all the advice, I've asked the school about the 2-3 year time period before being to able to hire foreign teachers. They've then driven me to a school in a larger nearby city with foreign teachers (who I wasn't given an opportunity to talk to) and have told me that this school will organise my Z visa Is this normal?
Also, I think the school is catching on to the fact I might be running soon (thanks for the advice on how to get out rogerwilco and Javelin of Radiance) they've hinted however that they will pursue legal action if I stay in China, and that the agent will pursue legal action if I return to Australia. Is this even possible? If I just move to another city without informing the school of my location what can they really do? My lawyer mate said technically they could try to find me and instigate legal action but the cost of that would out weigh the benefits. Does anyone know of cases where schools have instigated legal action for foreign teachers that have broken contracts? |
They are breaking the law, and they are forcing you to do likewise. There will be no legal action. The agent has no grounds to pursue you in Oz |
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