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asiannationmc
Joined: 13 Aug 2014
Posts: 1342
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 Posted: Fri Oct 17, 2014 8:32 am Post subject: |
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| I think the owner was a dick, however, it appears he was legally mostly in the right... Pretty crappy still. |
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ARTICLE 17.
If one party breaches the contract, it shall pay a certain amount of compensation to the other party. However, if the compensation is insufficient to compensate for the losses resulting from the breach, the party concerned has the right to claim compensation.
ARTICLE 21.
If a party is prevented from performing all or part of its obligations owing to force majeure, it shall be relieved of all or part of its obligations. If a party cannot perform its obligations within the contractually agreed time period owing to force majeure, it shall be relieved of the liability for delayed performance during the after effect of the event. |
Even though article 17 would seem to support that, Article 21 (act of God equivalent) owing to force majeure would provide a clause tht could have made the contract null.
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ARTICLE 28.
If there are any disputes over the contract for foreign experts working in the cultural and educational fields, all attempts should be made by the two parties to settle the disputes through consultation or mediation. If the parties are unwilling to settle their disputes through consultation or mediation, or if consultation or mediation proves unsuccessful, they may apply to the China Foreign Expert Employment Contract Dispute Arbitration Commission for arbitration. The Arbitration Commission will arbitrate in accordance with the arbitration clause provided in the parties, contract, or the arbitration agreement reached by both parties.
If no arbitration clause is provided in the contract, and a written arbitration agreement is not reached afterwards, the parties may file a suit in the people' s court in the place where the contract was implemented. |
Not sure the other foreigner could actually consider himself a mediator but it may make him feel better. So; it would have been better if the mediator had had a copy of the regulations instead of being a shill for the company.
One thing to remember:If no arbitration clause in your contract, both parties should jointly file an arbitration application with the arbitration group or they will not accept your case. You can file a lawsuit with the local people’s court. |
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litterascriptor
Joined: 17 Jan 2013
Posts: 360
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| Posted: Fri Oct 17, 2014 12:29 pm Post subject: |
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| No one on reddit thinks enforcing a contract is a criminal matter. People do think that there are owners who have the guanxi with the local psb that could cause a teacher some problems when they tried to leave. |
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