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Alien abductee
Joined: 08 Jun 2014
Posts: 527
Location: Kuala Lumpur
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 Posted: Sun Sep 28, 2014 2:25 am Post subject: |
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| wangdaning wrote: |
| Contract law is above labor law. I was just saying it. Feel free to prove it wrong. |
According to you the tail wags the dog, which is wrong.
| wangdaning wrote: |
| My contract says M-F. Law is the law, but a deal is deal. Chinese labor law does not trump what you signed. |
Labor law is fairly broad and doesn't micromanage or anticipate every single aspect of every employment contract. As long as what's in these contracts falls within the law or guidelines there shouldn't be a problem. A Mon-Fri only provision isn't something you're going to find on the Min. of Labor website, and if your employer is ok with that no-one else cares. But an employer cancelling a contract early without paying compensation is something the labor laws will cover.
Rest assured though that your contract and everything in it is governed by the relevant labor laws, not the other way around. |
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asiannationmc
Joined: 13 Aug 2014
Posts: 1342
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| Posted: Sun Sep 28, 2014 2:48 am Post subject: |
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| Quote: |
| Rest assured though that your contract and everything in it is governed by the relevant labor laws, not the other way around. |
Subject to local interpretation. |
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The_Kong
Joined: 15 Apr 2014
Posts: 349
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| Posted: Sun Sep 28, 2014 2:51 am Post subject: |
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| Alien abductee wrote: |
| wangdaning wrote: |
| Contract law is above labor law. I was just saying it. Feel free to prove it wrong. |
According to you the tail wags the dog, which is wrong.
| wangdaning wrote: |
| My contract says M-F. Law is the law, but a deal is deal. Chinese labor law does not trump what you signed. |
Labor law is fairly broad and doesn't micromanage or anticipate every single aspect of every employment contract. As long as what's in these contracts falls within the law or guidelines there shouldn't be a problem. A Mon-Fri only provision isn't something you're going to find on the Min. of Labor website, and if your employer is ok with that no-one else cares. But an employer cancelling a contract early without paying compensation is something the labor laws will cover.
Rest assured though that your contract and everything in it is governed by the relevant labor laws, not the other way around. |
Exactly, as per the link I posted.
You can agree to do something that goes against the law, but that doesn't make the contract legally binding.
For example, I could agree to work on an assembly line 7 days a week 24 hours a day back in Canada. We can write up a contract with the employer and sign and seal it and everything.
Unfortunately (or fortunately) it would still be in violation of maximum working hour provisions of Canadian labour law and if I didn't want to do it anymore the company I work for wouldn't be able to sue me to force me to continue abiding by the contract since the contract is breaking the law.
You don't need to be a lawyer to understand how contracts can not break the law, personal agreements can, but they later can not be seen to be legally binding.
The doctrine of clean hands comes into play as well. In an extreme example, I can't hire a hit man to kill my wife and then sue to force him to complete the contract if he doesn't whack my loved one. The nature of the contract is illegal, therefor the contract itself is invalid (law supersedes contracts).
Another example would be how you can't enforce a contract with someone who the law states is under a certain age as they can't legally enter into a contract. Unfortunately if my daughter breaks our contract that she clean her room and do the dishes, I couldn't sue her because the contract can't be legally binding since the law states a young child can't enter into a legal contract.
Contracts can not break the law. It's very basic stuff.
Make sense now? |
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litterascriptor
Joined: 17 Jan 2013
Posts: 360
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| Posted: Sun Sep 28, 2014 4:38 am Post subject: |
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Got a 9 day workweek coming up.  |
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Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
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| Posted: Sun Sep 28, 2014 6:54 am Post subject: |
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| litterascriptor wrote: |
| Got a 9 day workweek coming up. |
Preceded by how many days holiday? |
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Janiny
Joined: 31 May 2008
Posts: 199
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| Posted: Sun Sep 28, 2014 8:50 am Post subject: |
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This just may be the strangest day of my life. It is Sunday, but every one is working. The banks are open -my pay came!!!- and it's a 'legal' working day. I never cared much for Sundays anyway. So this is as good as flying over the International Dateline and missing a Sunday completely - even better because it's cheaper. And I always have Mondays off anyway! Work a few hours Tuesday and then seven days off. So what's the prob, Bob?  Suits me to the ground. |
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kungfuman
Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho
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| Posted: Sun Sep 28, 2014 10:04 am Post subject: |
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I had to teach 3 classes today (Sunday) = none of the students expressed happiness to have to go to school today regardless that they get 7 days off in 2 more days.
So, to make them happier I let 2 of the three 3 classes have a free period and we went outside on what was a very nice day in Suzhou - about 80f and no real clouds or pollution fog. |
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newmansone
Joined: 07 Sep 2014
Posts: 70
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| Posted: Sun Sep 28, 2014 2:49 pm Post subject: |
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| The_Kong wrote: |
| The doctrine of clean hands comes into play as well. In an extreme example, I can't hire a hit man to kill my wife and then sue to force him to complete the contract if he doesn't whack my loved one. The nature of the contract is illegal, therefor the contract itself is invalid (law supersedes contracts). |
ANY legitimacy to your post or opinion was wiped away with this stupid comment. Solicitation of murder? Really? You consider that on-topic to labor law and contract law violations? I mean, really?
The one thing this inbred site needs is the ability to block users; including posts in threads. The software here is archaic. |
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The_Kong
Joined: 15 Apr 2014
Posts: 349
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| Posted: Sun Sep 28, 2014 3:02 pm Post subject: |
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| newmansone wrote: |
ANY legitimacy to your post or opinion was wiped away with this stupid comment. Solicitation of murder? Really? You consider that on-topic to labor law and contract law violations? I mean, really? |
Please note the words EXTREME EXAMPLE.
I provided a variety of examples (not opinions) because you don't seem to understand the basic principle of how contract cannot supersede law (whether it be labour or criminal law).
Are you actually going to address how you were proved wrong?
I even went so far as to give you the exact statute that states you are wrong.
Would you like me to post it again?
Here you go:
http://www.attorneycz.com/2011/03/30/labor-contract-law-of-the-people%E2%80%99s-republic-of-china/
Article 26 The following labor contracts are invalid or are partially invalid if:
(3) Any violation of mandatory provisions of laws or administrative regulations occurs.
Is that good enough for ya?
How about instead of attacking others you just admit your wrong and move on?
| newmansone wrote: |
| The one thing this inbred site needs is the ability to block users; including posts in threads. The software here is archaic. |
If you don't like it, your free to not read/post here.
And once again you are wrong. They do have the ability to block users, they do it all the time, as well as deleting specific posts or locking threads.
Double whammy. |
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Alien abductee
Joined: 08 Jun 2014
Posts: 527
Location: Kuala Lumpur
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| Posted: Sun Sep 28, 2014 4:36 pm Post subject: |
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| That link to the labor laws was useful Kong. Thanks. |
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litterascriptor
Joined: 17 Jan 2013
Posts: 360
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| Posted: Mon Sep 29, 2014 1:14 am Post subject: |
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| Non Sequitur wrote: |
| litterascriptor wrote: |
| Got a 9 day workweek coming up. |
Preceded by how many days holiday? |
Monday through Friday off.
2 of those days I normally have off. With the 9 days next week, I get all total, 1 day of holiday.
Oh well.
Unlike others, I won't bother sitting down with my boss and citing Chinese labor laws, I'm fairly certain my boss will wipe his ass with it and tell me to get the hell to work.
However, I won't be signing for another year here. |
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3701 W.119th
Joined: 26 Feb 2014
Posts: 386
Location: Central China
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| Posted: Mon Sep 29, 2014 2:39 am Post subject: |
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| newmansone wrote: |
| The one thing this inbred site needs is the ability to block users |
If only... |
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mw182006
Joined: 10 Dec 2012
Posts: 310
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| Posted: Mon Sep 29, 2014 4:33 am Post subject: |
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| 3701 W.119th wrote: |
| newmansone wrote: |
| The one thing this inbred site needs is the ability to block users |
If only... |
How great that would be. I wonder if he'd ever figure out that he was just talking to himself. |
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lionheartuk
Joined: 03 Jun 2005
Posts: 173
Location: Guangdong
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| Posted: Mon Sep 29, 2014 4:48 am Post subject: |
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Saturday was Monday classes-7- Sunday was Tuesday classes-8- and today Wednesday classes-6-. Back to work on the 8th and can't wait.
Not keen on all these long holidays as it throws me out of sync and takes a while to get back into the swing of things especially with the kids hyper or sad after the holiday.
Oh I have two classes on the 5th but that is only with three students in grade 12 cos they only have 4 days off but they are a pleasure to teach anyway so going in for those is not a problem. |
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asiannationmc
Joined: 13 Aug 2014
Posts: 1342
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| Posted: Mon Sep 29, 2014 1:54 pm Post subject: |
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| Quote: |
| The one thing this inbred site needs is the ability to block users |
You mean like for blocking your sister who is also your cousin. |
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