Job Discussion Forums

[cj750]

[7969]

in milo baggins other thread, i told him how a school tried to rip me off last summer. in the end, if nothing else works, and youre at the end of your rope (and your visa) just find the individual who you signed the contract with (FAO or whoever) and tell them you're not leaving thier office until you have been paid. i was almost at that stage last summer but avoided it at the last minute when something actually went my way. being more forceful works here. the school is just expecting you to give up and walk away from all that money. dont give them the pleasure of getting away with that.

[clark.w.griswald]

I think that it was worth approaching the recruitment company as it may have helped, and in the very least you can keep the email correspondence with them to show that you have been trying to resolve the situation. Unfortunately it hasn't and I don't think that you should waste any more time there.

I agree with the others here that you really need to be dealing with the school, and more precisely the person in the school who is responsible. The advice about recording the conversation - either secretly or publically - is in my mind a good one. Having a record of what was said can help overcome any potential misunderstandings later.

The idea of hanging around is also a good one, but don't cross any lines here and don't make a scene that could potentially undermine your efforts. The last thing you want is for this to escalate into a police matter which would almost certainly jeopardize your future here with your wife.

I have always been an advocate of teachers pursuing our rights as this is the only way that I believe we will really ensure that schools don't try things on in the first place. Exhibiting an understanding of relevant laws and showing a willingness to pursue our rights is probably the single best thing that we can do to protect ourselves and see change in the attitudes of schools.

Should push come to shove however I am still concerned about how much power you will have here as far as the legality of your work status. Let's assume that the school believes that they are in the right and they are not intentionally trying to pull a swifty (I am not saying that this is the case - I am just trying to get an idea of where things could go). If so then they are likely to stand firm. If they do stand firm then you need to confirm if there will be any consequences for you in pursuing this.

Let me be very clear. I am not excusing the school nor the recruiter for employing you illegally. In fact that is very wrong of them and they should be taken to task for this. My concern is that although pursuing this with the authorities may indeed see these companies punished, you may not yourself be immune from punishment.

Assuming that the school does not respond to what has been suggested by the above posters then I think the best thing to do may be to write a detailed but fair account of your experience with both of these companies, and then post that on as many ESL websites as you can to act as a warning to others in the future. Don't post a rant that others may discount, but instead post in a way that informs the reader.

[vikdk]

[Malsol]

Milo -

If you really need a thousand yuan to get by, pm me the following:

Chinese Bank name
your account name
account number
bank branch number

[milo baggins]

Thank you very much, Clark, for your concise and helpful posting. Interestingly, when I read it now, I had just finished writing an account that I was planning to take to the school on Tuesday, after Christmas. I share it now and would appreciate any feedback before Tuesday.


Last August, I was hired to teach in China for a year. The organization that hired me was the US-China Center for Education and Culture Exchange (the USCC). The USCC informed me that I would be teaching the first term in one school and the second term in another.
When I was interviewed for the position, I made it clear that I had no college degree and no teacher�s certificate. I told them I had taught a number of adult classes in the past in a �lay� capacity. Since I had no college degree, the USCC instructed me get an "F" visa (business visa), but did not tell me that it was technically illegal for to teach in China under that visa. To work in China for pay, a person is required to have a �z� visa. To get the �Z� visa, one is required to have a college degree. I was not told this before leaving the US. When I arrived at the school in Changle, I was asked what university I had gone to. I told them I had not gone to a university. Nothing was said about this at that time.
My contract stated that I was responsible for teaching up to 20 classes a week. After being there about a month, I was asked to be in my office when I was not actually teaching. The reason given was that I should be available to students that wanted to see me for extra help. I wrote a memo saying that I was willing to do so for the students' sake, but that it was voluntary time given since I was not being compensated for it. A few weeks went by and not one student ever came to the office. I had no official duties to do, and as I was teaching in every class of the first and second year students, I had to prepare a new topic only once every two weeks, so I had little to do. I had a better computer in my apartment and more items available, so I was able to accomplish more from my apartment than from my office.
One day, a student came to me and asked if he could meet with me in my office for extra help with his English. I said that would be fine and had him give me his name and class. I brought that information to the teacher who was the go-between for me and the director and was told that the students were not allowed to see me in my office. I was not happy about this, nor with the dishonesty. I contacted the USCC and told them about it and said that I did not wish to stay in the office during my non-class time. The representative there contacted the school and then told me that she had spoken to the school and there should be no problem about it. So after that I stayed in my apartment during non-class time. Nothing was said about that by the school.
Near the end of November, I was told that I would no longer be teaching after the middle of December (my contract was specifically through the end of January). I was told that the students needed to prepare for exams and that this was the usual procedure for the school in regard to foreign teachers, that no foreign teacher taught beyond the middle of December. I called and asked the representative of the USCC about this, and it was news to her. She said that this was the only school she had ever heard of with such a procedure. I asked the school director (indirectly) if the school intended to honor the contract and if I would be paid. I asked that question a few times to two different "go-between" teachers and I never received an answer.
I finally wrote a letter saying the if they paid me what they owed me through the end of the contract, then I would accept RMB1,000 less than the total amount owed and I would leave the apartment early so that they would not have heating and electric costs (I had been told that the apartment was for the use of foreign teachers only and was vacant when there were none). I was told later that the Director and the Headmaster were angry when they read my letter, and that since I would not be teaching, they did not owe me anything. I was further told that since I did not have a college degree, the contract was no good. Understand that they knew at the time they signed the contract that I had no college degree. And understand that I was always expected to follow the contract. It was only when they did not want to follow the contract that, suddenly, it was no good. Further, if it is their normal practice to only have foreign teachers teach until sometime in December, then why did they sign a contract that they wrote that is good through January? In essence, they were claiming that they had a history of breaking contracts with foreign teachers.
I was told that I would be paid for the time I had taught in December, but I was then told that it would be less than I was due. Previously, the procedure had always been that I was pro-rated according to the first or last day of a particular month that I taught on. My last day of actual teaching was December 8th, but I had been told previously that the week of December 11-15 would be my last week of teaching. I spent time during the weekend preparing for the next week's instruction and showed up for work Monday morning as instructed, at which time I was informed that my services were no longer necessary. That morning, December 11th, I was told that I would no longer be teaching. A couple of days later, I was told that I would be paid only for the five days I taught: December 4-8 (somehow, they left out December 1st.) According to previous practice, I should be paid for December 1-11. It was obvious that the school was trying to pay me as little as possible.
The school wanted to know when I would be out of the apartment. I said I would leave as soon as the matter was resolved. They have said that they will pay me my �final amount� when I am leaving, and have hinted about deductions for heat and electric, etc.
In regard to the school, I have done all that I was supposed to do according to the contract. After one month of teaching, they brought me a revised contract, and we signed that. Before signing that contract, I asked them to insert a paragraph stating that my performance as a teacher up to that point was satisfactory. They did this and assured me that they were indeed satisfied. They have not brought up any complaints about my performance at this time.
In a recent email from the USCC representative, I was told that the usual fine for a broken contract in my situation was $500 - 2,000. I had asked the school for RMB6000 - about 1000 less than I was owed for December and January. The representative asked if I would consider accepting the minimum penalty from the school ($500, or about RMB4000).
I said that I would accept the $500 as a penalty if the school would also pay me what I was owed for the teaching I did in December. The last day I reported for work as directed by the school was December 11th, so I should be paid for those 11 days according to the contract. That comes to RMB1240, which when added to the penalty would come to a little less than RMB5200.
The representative attempted to contact the Director of the school to speak with him about the matter and was told that he was away from the school and wouldn�t be back for three days. After three days she tried again and was told he wouldn�t be back until next week. I called a teacher at the school that I knew and he admitted that the Director was there and had been there all week. So the Director, and the school, was lying to us.
If a student lies, or cheats, or steals, he is punished. There is a penalty of some kind. The purpose of the penalty is to convey to him and to all those around him that the wrong he did has significance, and that there are consequences for those who do wrong.
If a teacher lies, or cheats, or steals, he is also penalized, but, since he is of higher status and greater maturity, he is also under a higher standard. Therefore his punishment is greater than that of the student because the wrong is greater.
If an administrator lies, or cheats, or steals, he has done great wrong. Since he is of high standing in his community, his wrong not only damages whoever or whatever he did wrong to, but it also damages the reputation of the entire community that he is a representative of.
The Director and the Headmaster of the school have behaved very unethically. They have attempted, and thus far succeeded, in cheating me out of the money they promised me. They have stolen from me. Then they lied about the Director not being at the school. This was cowardly of them, but though they attempted to hide from the issue, at least it is an indication that they know that they have done wrong. Perhaps their conscience is active to some degree, at least. Perhaps they are capable of feeling some shame about what they have done. I hope so.

To sum up:
1) The school broke the contract. They wrote the contract. They made promises to me. They broke their word.
2) The school additionally is trying to cheat me out of money that they owe me.
3) When the school was contacted by representatives of the USCC, they lied and said the Director was not there, when in fact he was.
4) The school has treated me like I am worthless and deserving of no consideration at all.


The school has behaved very unethically, therefore:
A) For breaking the contract, the school shall pay the minimum penalty required, which is $500.
B) For unethical behavior, including lying, cheating and stealing, the school shall pay an additional penalty of $500.
C) I shall be paid, in addition to the penalties, the amount I am owed for December 1-11, that amount being RMB1240.
D) The school shall also reimburse me the money they promised me for the cookpot which I purchased on their behalf for the apartment (RMB180).
According to a representative of the Bank of China on December 25th, $1,000 is exchanged for RMBxxxx. So the total amount due to me from the school is RMBxxxx . I will not accept any charges or deductions. I will leave Changle within 24 hours of receiving the correct amount.

I wish to state that my experience has not been all bad. The USCC and the school were both very helpful to me at the beginning of my stay. I have very much enjoyed the class times with the students.
I am 51 years old, and have had a significant amount of time teaching classes to adults in a "lay" position. This teaching experience was what was accepted by the USCC in lieu of a college degree. Again, I had no idea that there would be any problem or legal question in that regard. It might be of some interest that part of the teaching that I did in my adult classes had to do with � dealing with ethical questions �.
As a final note, I wish to add that to me, it is not the contract which is most important. What is most important is a person's word. If a person�s word is not good, then there is no honor, and they cannot be trusted. There is always room for discussion, renegotiation, and change, but there must be honor, or all contracts or agreements are pointless. It is sad to me that the students that I have come to appreciate so much are under the direction of men of such poor moral character.



That's it. I know some of you will think that I will undermine anything I am trying to do by bringing ethics into it the way I have, but that is as important to me as getting the money. I would almost give up the money to see these men genuinely sorry for what they have done. But then, if that happened, I wouldn't have to give up the money.......
Is that a conundrum?

[clark.w.griswald]

Milo if this is intended for the school and/or the authorities then I would keep it in point form. State the situation, the problem, and what you want to see as being the resolution.

Example:

1. Illegal work:

Situation - I was upfront with both the recruiter and the school that I did not have a degree.

Problem - I have since found out that a degree is required in order to be legally employed as a teacher, and therefore the school has acted illegally by hiring me. I accept some degree of responsibility for the above as I should have researched this, but I believed that I was dealing with both a reputable recruitment company and a reputable school who in choosing to employ foreign nationals should ensure that this employment is done in line with the laws of this country.

Solution - I seek to be released from my employment contract. I seek the school pay the breach penalty for this contract being ended prematurely based upon the schools decision to offer employment contrary to the laws of the PRC. I seek the school to provide me with a letter of release clearly showing that my leaving this school is with the agreement of the school.

2. Working hour requirements

Situation - I was employed to teach up to 20 hours a week. There was never any mention in the contract or pre-contract discussion about required work outside of these hours. I have recently been asked to work extra hours in addition to what I agreed to in my contract.

Problem - I agree in the contract to work up to 20 hours a week. I did not agree to work any number of hours the school requested of me.

Solution - I would be happy to work with the school in negotiating an hourly rate for extra hours so that this can be added to my employment contract, and will then be happy to work those extra hours. Should the school refuse to pay me for those additional hours then I reserve my rights under the contract to refuse these extra hours.

3. Contract Duration

Situation - I was employed by the school for a period of one year from date to date.

Problem - I have been recently informed that my contract would be ended one month earlier than had been earlier agreed.

Situation - I require the school to either enable me to continue working the full contract peroiod on full pay. Or to release me from my contract early with a release letter and the pay in lieu of the work that the school may not require me to do, but which I had agreed to do.

I understand that relations between the school and myself are strained at this stage, but I do not accept that this is my fault as I believe that I have done nothing wrong.

I would be happy to remain on at the school for the duration of the contract but due to recent events I want to get a signed and chopped statement from the school clarifying my final date of work, the amount that I will be paid, and a guarantee of a release letter upon completion of the contract.

If the school chooses not to allow me to complete my contract then I will have to insist that the school compensate me for my losses as per the term in the contract regarding premature breach.

I am disappointed with the above situation but am hopeful that this has all been a misunderstanding that we can rectify without the need to involve any third party.

I need this situation to be rectified before December 26, 2006 as I need to know whether or not I have a job here. Please ensure that someone contacts me regarding this issue as I believe that the situation is currently unjust and I will do what I have to do in order to receive what I believe I am entitled to under this contract.

Regards,

Milo

NB: This is not intended to be used word for word as it is unclear to me how you want to proceed (hence I mention in my post above ending the contract at one point, and at completing the contract at another point).

[vikdk]

Clark writes -

[Malsol]

Milo:

Good luck - my local Bank of China is open today, Sunday.
Bad luck - "This Sunday. No this work Sunday. This work Monday." To which I replied, "OIC." (Only in China)

I teach Monday until noon. Have your wife check her account about 2:30 p.m. on Monday. The deposite should be available for withdrawal immediately.

Best wishes to you.

And do not worry about paying me back. Just help someone else in the future, if you are able.

[Joe C.]

[cj750]

[Malsol]

Milo:

The 1,000 rmb has been deposited into your wife's account.

The bank says you can withdraw after 4:00 p.m. today, Monday.

Please confirm after 4.

[7969]

[Malsol]

Milo:

Bank just called and said the account number is wrong.

Double check please and get back to me.

[Malsol]

Milo:

The account number you gave me is 17 numbers.

Bank of China accounts are 19 numbers.