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Trebek

Joined: 30 Oct 2003 Posts: 401 Location: China
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Posted: Thu Apr 28, 2011 3:57 am Post subject: |
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| flyingscotsman wrote: |
| Trebek wrote: |
| Seems to me that if you returned to China with a $3000 judgement against you, they would find a way to get the money or bar future employment. I'm merely guessing here. |
Breaking a contract doesn't grant a judgement - only a court can issue a judgement ( or in China maybe the police but only a fine for criminal matters). |
Scotsman: So your saying that the university can't show that you broke a legal contract to a civil court and get a judgement against you? If this is the case, then why do they have contracts at all? |
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flyingscotsman

Joined: 24 Mar 2010 Posts: 339 Location: Suzhou, China
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Posted: Thu Apr 28, 2011 4:47 am Post subject: |
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| Trebek wrote: |
Scotsman: So your saying that the university can't show that you broke a legal contract to a civil court and get a judgement against you? If this is the case, then why do they have contracts at all? |
A broken contract in itself doesn't make a judgement. A judgement is issued by a court after a suit is filed.
Come on fellow FT's - how many schools would ever go file a suit against a teacher for leaving? Think about wherever you are from ( Utah?) - filing a case in court for 2 or 3K costs money, involves lawyers, and takes time. Plus in most cases finding a replacement monkey is fairly easy ( except where I teach because no one wants to work here, hence the 100% ++ turnover every year).
Why do they have contracts? Fist many schools violate the contract on a regular basis and because we are not Chinese we have little course to get help or file a suit.
Second, the Chinese court system is highly corrupt and plays by the "Good Ol Boy " rule. The deck is stacked in favor of the school / company.
A contract is simply a notice of good faith between two parties - but in China toilet paper has more value. |
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Trebek

Joined: 30 Oct 2003 Posts: 401 Location: China
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Posted: Thu Apr 28, 2011 3:21 pm Post subject: |
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Thanks Scotsman, I feel quite relieved since the contract I'm looking at is definitely in favor of "Party A".
They also added a clause that aside from 16 class hours per week, they expect me to do a small amount of supplementary work, IE: recording, editing, ect. But they don't specify the number of hours I "might" be asked to do this work.
Good to know that the contracts here are not to be taken seriously. |
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slareth
Joined: 29 Jun 2010 Posts: 82 Location: Shandong
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Posted: Thu Apr 28, 2011 4:39 pm Post subject: |
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You mentioned earlier (though it may have been edited out) that you have been teaching here for a significant number of years...yet the fact that contracts are borderline worthless is news to you? You must have been one of the lucky few who have had no contractual issues, large or small, for all those years.
I hope your luck continues. |
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Trebek

Joined: 30 Oct 2003 Posts: 401 Location: China
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Posted: Thu Apr 28, 2011 5:39 pm Post subject: |
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| Never worked in China Slareth. I've been a public school teacher in American for 15 years. This will be my first year working in China. |
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Happy Everyday
Joined: 09 Feb 2007 Posts: 268
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Posted: Thu Apr 28, 2011 7:52 pm Post subject: |
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@Trebek -- You seem like a nice guy, and you probably will not have problems even if you did have to run. Keep in mind that there is a slim but realistic possibility of things going wrong. People run all the time. You'd have to.... do something.... to get really get noticed. OR your boss is just plain evil and wants to give you problems. Understand? Othwerswise, you should OK.
Last week, I was shocked to see that government website calling for a ban on a FT who ran. We do not know the details.
A few more things you should take into consideration. We are foreigners. I'm assuming you'll teach in a uni. Our working in the education system does require various goverment files. Each class and its class monitor maybe writes a review of you. Teachers maybe do. FAO does. Dean can. The same as any other uni. What goes in your file will follow you. Uni jobs are different than language mills. If you're professional, then no problem. Bear in mind that the working conditions you accept now do go on record and can effect the working conditions you'll find later on at other jobs if you continue to work at Chinese unis. If this is your first China uni job, then try to negotiate for the best package possible; it sets a precedance.
Just an aside, one time a China uni gave me an offer. I agreed to the contract. We did not sign. They took me to lunch. When we went to sign the contract, the Dean did a bait and switch. The hours and salary had changed. I refused to sign and left the building. Later that day, the Dean sent me an email virus. If he really wanted too, he could make up an excuse to call the national FAO to complain. They have the power to make comments in your file. No, they cannot simply ban you easily. They can try to make your job search extremely difficult.
I bet you've already sent them a copy of your passport. You have not established a file in China just yet. Maybe they've opened one. After you begin working, they've got a file. Whenever you send your passport to future employers, they can request your file. It's nothing to be paranoid about. Just be aware. Former employees have been known to delay sending your work files to your new school. It's a way to give you problems.
You ask if there are risks? Yes. The odds of winning are like playing the lottery.
Last edited by Happy Everyday on Fri Apr 29, 2011 2:15 am; edited 1 time in total |
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slareth
Joined: 29 Jun 2010 Posts: 82 Location: Shandong
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Posted: Fri Apr 29, 2011 1:07 am Post subject: |
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| Trebek wrote: |
| Never worked in China Slareth. I've been a public school teacher in American for 15 years. This will be my first year working in China. |
I misunderstood then, sorry. For some reason I had it in my head you worked here for many years, I could have sworn I read it. Wasn't trying to troll you.
Good luck. |
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Trebek

Joined: 30 Oct 2003 Posts: 401 Location: China
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Posted: Fri Apr 29, 2011 1:35 am Post subject: |
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| All good Slareth, I didn't get that impression whatsoever. And thanks for explaining things to me "Happy", that should be quite the adventure, I'm really looking forward to it. |
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