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Quick question for those knowledgeable about labor law
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eddy-cool



Joined: 06 Jul 2008
Posts: 1008

PostPosted: Sat Dec 06, 2008 6:22 am    Post subject: Reply with quote

If they terminate you mid-contract they are bound to pay you a prorated part of your fringe benefits such as airfare and travel allowance; I doubt they 'owe' you anmything for the wages you are going to lose.

The crucial question is: Do they have a 'valid reason' for terminating your contract?
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Hansen



Joined: 13 Oct 2008
Posts: 737
Location: central China

PostPosted: Sat Dec 06, 2008 8:05 am    Post subject: Reply with quote

While the rule of law appeals to the Western mind, it is a poorly understood concept in areas of China. Even if the school is clearly wrong, unless they want to pay you, how are you ever going to collect? Take them to court? Hire an attorney? If the school has any guanxi, they just stall around until your visa expires. Then what are you going to do?

Some people here have had experience with attorneys in China. Their fees may surpass any recovery you might make. It's uncertain that you will win anyway; consequently, you will just be throwing good money after bad.

I consulted an attorney about a matter and he advised me that it is a bad idea for foreigners to get involved in the legal system unless so compelled. To voluntarily launch a lawsuit is just an invitation for problems and a financial drain.

A matter of principle? Can you really afford it, considering the likelihood of being sandbagged anyway?
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