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breaking contract
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Sat Sep 06, 2008 4:46 am    Post subject: Reply with quote

Quote:
Were you morally entitled to breaking that contract?

I think the rather abstract notions of professional morals can be kicked out of the door - when the very black and white issue your own mental-health starts to be the main agenda. Why should anyone suffer the horrors of demeaning and unsatisfying work - when they have the legal right to leave that employment? After all a contract doeas not give the employer owner's rights over their workers - it just stipulates those terms that come into play when either the employer of employee wish to break it. In situations of bad working conditions, there are not many important moral questions over breaking a contract - just legal ones Idea
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un



Joined: 09 Mar 2008
Posts: 670
Location: on-line china

PostPosted: Sat Sep 06, 2008 4:50 am    Post subject: Reply with quote

RE:
Quote:
Were you morally entitled to break(ing) that contract?


Quote:
SOME MEN ROB YOU WITH A GUN,
SOME WITH A FOUNTAIN PEN.
WOODY GUTHRIE



Quote:
Situational ethics - Wikipedia, the free encyclopedia
Situational ethics, or situation ethics, is a Christian ethical theory that was principally developed in the 1960s by the Episcopal priest Joseph Fletcher. ...
en.wikipedia.org/wiki/Situational_ethics - 75k - Cached - Similar pages -


Quote:

#
Faith and Order: The Reconciliation of Law and Religion - Google Books Result
by Harold Joseph Berman - 2000 - Religion - 427 pages
Here we are indeed guilty of confusing legality with morality. Yet it is doubtful that even such examples as these really demonstrate that Americans today ...
books.google.com/books?isbn=0802848524...
#
The (New) Philosophy Now Forum :: View topic - Morality vs. Art
Again, you are confusing legality with morality. There is nothing immoral in Europe and Australia in marrying 500 women BUT it is illegal. ...
forum.philosophynow.org/viewtopic.php?t=271&sid=2deded59e94c9477a9f428e836534c18 - 111k - Cached - Similar pages - Note this

#
Legitimacy in international society - Google Books Result
by Ian Clark - 2005 - Political Science - 278 pages
and legality is, from this point of view, confusing. ... Iraq war in the very same way that we can have a discussion about, say, its legality or morality. ...
books.google.com/books?isbn=0199258422...
#
What are my credit card debt options?
5 Sep 2008 ... Stop confusing the legality and the morality of an issue. .... As another poster said, you are confusing morality and legality. ...
www.fatwallet.com/forums/finance/858728?lastpage=1
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james s



Joined: 07 Feb 2007
Posts: 676
Location: Raincity

PostPosted: Sun Sep 07, 2008 1:44 pm    Post subject: Reply with quote

If u have to go, go. Remember that your foreign exper certificate is yours (unless the writing on the back inside cover has changed) and needs to go with you. with it, the school can take steps to cancel your visa. if you have it they can not.

a scool that i worked at in the past had this situation occur:

3 people, 2 american and 1 canadian needed to leave a situation

the 2 american left the expert certificate with the school. they 'could not transfer schools because of it'. the third, the canadian took his with him.

one of the americans turned over his passportfor photocopying to th school and 24 hours later he was in hong kong (do not turn over your passport).

one of the americans lined up another job at an exporting company. they told him to turn ver his passport and he did, visa was cancelled and new visa issued.

the canadian did not answer calls from the school or its affiliates again. a year later, new contract came up and he had to go to hong kongfor visa renewal. no problems with foreign expert certificate.

i am not sure if any of the rules have changed but one thing i am certain is that for the feds to cancel your visa they must have your passport to legally stamp 'canceled' on. i do not know of any complcations which may occur after, one may have to live in a different province...
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smellymelly



Joined: 13 Oct 2007
Posts: 59

PostPosted: Thu Sep 11, 2008 4:33 pm    Post subject: Reply with quote

i had to break contract - i was attacked by a man outside my apartment. my school didn't do anything to help me and i felt so unsafe - so i decided to leave and break my contract. i wouldnt have broken my contract if this hadn't happened --- i want to return to china now to teach in another part of the country and worry i wont be able to get a job anywhere now. i did hand over my foreign expert certificate. my visa from the job i broke the contract with expires in 1 1/2 months...would i be able to get a new job after that? am i really "blacklisted" and banned from teaching in china again? I am sooo frustrated!
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garbotara



Joined: 15 Sep 2003
Posts: 529
Location: China

PostPosted: Fri Sep 12, 2008 3:07 am    Post subject: Reply with quote

I think sometimes you have to think about your health. If the school is not treating you well get out. There aren't that many foreigners now in Beijing for example anyway. Maybe one day they will realize that treating foreigners badly is not the way to go.
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smellymelly



Joined: 13 Oct 2007
Posts: 59

PostPosted: Fri Sep 19, 2008 12:48 pm    Post subject: Reply with quote

do hong kong and china have separate visas in order to work there?
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Fri Sep 19, 2008 2:00 pm    Post subject: Reply with quote

smellymelly wrote:
do hong kong and china have separate visas in order to work there?


Yes.
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Mon Sep 29, 2008 12:14 am    Post subject: Reply with quote

Smellymelly: You don't have a problem. As has been said by others if the school didn't have your pasport and use their guanxi to get 'cancelled'stamped over your visa atthe time then you are OK.

More generally: You are allowed to leave your job.

If you are leaving because of problems with the the school it may be worth asking your local consulate to check whether the school holds the necessary permit to employ foreign experts.

If it doesn't, even if uses guanxi to get permits for its teachers to work, then not only can you legally walk free without giving any notice, but you will be in a better position to negotiate a payout of a fair proportion of the contract-end bonus and air-fare home agreed at the start of contract.

http://forums.eslcafe.com/job/viewtopic.php?t=65634
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Kirkpatrick



Joined: 27 Feb 2008
Posts: 205
Location: China

PostPosted: Wed Dec 24, 2008 9:16 am    Post subject: Stalling Reply with quote

Don't ever hand over your shit.. I f you do you will be on the next plane out of here to your detriment... Go to a new school they sort it out for you... Never ever leave the school in any kind of control..
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Wed Dec 24, 2008 10:56 am    Post subject: Reply with quote

The Foreign expert certificate does not belong to the employee. It belongs to the Chinese govt. The school is the custodian of the document and the teacher is the bearer of the document.

The FEC explicitly ties one unique FT to one unique employer. When the FT changes employers, the FT surrenders the old FEC and is issued a new one by the new employer.

It is always preferable to attempt to negotiate a departure rather than burn bridges.

A run to HK will not remove the open sticker in your passport, nor in the database of the PSB. It may take some explaining as to how you need a new Residence Permit when you already have one open at another school.

Granted, not every PSB does the same due diligence check on issuing documents, but many in fact do check.

If at all possible, attempt a peaceable exit. Failing that, you'll have to use whatever means necessary and appropriate.
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Thu Dec 25, 2008 11:18 am    Post subject: Reply with quote

If you retain your old FEC then there is the opportunituy to transfer the FEC as opposed to getting a new one.
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Sat Dec 27, 2008 2:15 pm    Post subject: Reply with quote

evaforsure wrote:
If you retain your old FEC then there is the opportunituy to transfer the FEC as opposed to getting a new one.


You can do that without "retaining" it.

Simply have your new school process your documents before you depart.

It actually is quite simple if both schools cooperate together and help the teacher.

That way, you are not taking something that does not belong to you.
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evaforsure



Joined: 26 Jun 2004
Posts: 1217

PostPosted: Sat Dec 27, 2008 3:15 pm    Post subject: Reply with quote

From the experience that I have had recently.. possession of the book is imperative to the transfer of the FE status and if it belongs to the government as you have stated, which I also believe to be true, then by returning it to a government authority, you have not done anything that is not appropriate.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Sun Dec 28, 2008 5:16 am    Post subject: Reply with quote

Technically, in the FEC it says it is to be returned to the school when leaving. I kept one of mine for the fun of it, as many schools didn't care. In Henan at least they now keep a closer track of them then in the past. Will be a shame if I can't keep the new one, a nifty blue
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Sun Dec 28, 2008 12:21 pm    Post subject: Reply with quote

Actually, many schools, when audited, are required to show the FEC of former employees as part of the inspection process.

Since schools have a legitimate need of this document, and it is required to be returned to the school.

There would need be a highly compelling reason for an FT to take something that didn't belong to him and was needed by another party.

Don't FTs universally condemn it when a school proposes to keep a FTs passport?

By Evaforsure's logic, would it it would be okay for schools to keep FTs passports and later, at their leisure, return them to the FTs Embassy?

Evaforsure
Quote:
if it belongs to the government as you have stated, which I also believe to be true, then by returning it to a government authority, you have not done anything that is not appropriate


So surely the same applies to FT passports, right?




.
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