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Breaking contract? Jumping ship? Can it be done?
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Steppenwolf



Joined: 30 Jul 2006
Posts: 1769

PostPosted: Thu Oct 12, 2006 7:25 am    Post subject: Reply with quote

blewismaltz wrote:
No, when I mean gone sour I don't mean we can make more money elsewhere. I mean the employer has lied and misled a little too much, and then reacted venomously to our voiced concerns about some of the more worrysome problems.

*we were told we would have aprivate kitchen, but instead have a shared one.

*we were told the department pays building utilities but they expect us to pay for gas

*we were led to believe we'd be teachers at THE University (a prestigeous one) but instead are teaching at an extended learning program sponsered by the university, whose classes have no real merit and whose students just paid their way into.

minor, I know, and we were willing work with them despite the lies, but each time a problem has arisen they have become very hostile and I just wondered if I could flip them off and jump ship already.

Sounds like i can't.

Ah well.

There;s always next year.


Buddy, you have been here long enough to know a baiju from mineral water! Wake up and smell the difference, and put up with trifles!
You have absobloodylootely no valid reason for walking out on them! Your residence permit won't be accepted elsehwere nor renwed.
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Thu Oct 12, 2006 10:11 am    Post subject: Reply with quote

To the OP,
I do understand that there have been a few problems in what your school has told you and what they have delivered. Understand that no school here is going to be perfect and you will encounter a few hurdles in every job here. The grass always seems greener elsewhere but every school has its issues. It doesn't seem enough reason to me to jump ship. Why not try and stick it out and then for your next contract, do some serious investigating before you go over.
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KES



Joined: 17 Nov 2004
Posts: 722

PostPosted: Sat Oct 14, 2006 1:34 pm    Post subject: Reply with quote

You don't need a letter from the PSB, or stamp from them, to switch jobs.

It is the school's duty to follow exit procedures.

If you are leaving China with more than 30 days left on your FRP the school is supposed to convert it to an L Visa (usually 30 days unless you want to pay extra and they agree).

If you are transferring to another school, and you have more than 30 days left on your FRP, then the school may allow you to take your FRP to the new school. Then, the new school should send a red-stamped letter to your old school within 30 days of your departure stating they have employed you and they assume responsibility for securing your new FRP. Your old school will then take this letter to the PSB.

Your old school should allow you to take your red book and original medical exam certificate. They are obligated to provide you a release letter if you have completed your obligations.

Should your school not receive the letter from your school, they can either continue to accept responsibility for you (keeping you on the books) or go to the PSB and report the situation. The PSB will likely cancel your FRP (you need not be present to win).

Teachers with cancelled FRPs go on a "blacklist" (the PSBs terms, not mine) in a national database (the blacklist is composed of FTs who have left a school with more than 30 days validity remaining on their FRP without closing out the FRP) and even if they are legally employed later, may be subject to fines.

Anyway, you cannot just flip off your employer and go to HK. Even if you do, and you meet the above blacklist criteria, they can still track you down (or claim they will) later if you return to China.

This is just what one PSB is saying, but claims this is the new way.

So, your milage may vary.

Just sharing the info from only one location.
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cj750



Joined: 27 Apr 2004
Posts: 3081
Location: Beijing

PostPosted: Sun Oct 15, 2006 4:14 am    Post subject: Reply with quote

great post...
but ...

Quote:
They are obligated to provide you a release letter if you have completed your obligations.



Who obligates them....
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Sun Oct 15, 2006 5:03 am    Post subject: Reply with quote

Exactly, cj

At this writing, I am unaware of any means by which an employer can be compelled to produce such a letter. If the departing FT has satisfactorily completed his part of the contract and is leaving on good terms, then of course it is possible that the employer might be persuaded to fulfill this small obligation. I've not seen this happen yet, but then although I've always completed my part of the contract, not all of my employers have theirs. What do you expect? This is China.
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KES



Joined: 17 Nov 2004
Posts: 722

PostPosted: Sun Oct 15, 2006 2:07 pm    Post subject: Reply with quote

Exactly why I stated obligated, not compelled.

In our neck of the woods, the PSB insists that departing FTs receive a release letter.
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