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panman36
Joined: 04 Jun 2008 Posts: 48
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Posted: Tue Mar 19, 2013 11:21 am Post subject: Getting fired with three months to go on contract |
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Hi. I have been at this school since the fall. School never actually got me a working visa. Allegedly it applied for all these documents but has been processing for months and months. About a month ago they said they weren't happy with the students' progress and put me on probabtion. Just yesterday, they gave me two-weeks notice and are hiring a new foreign teacher.
I believe it's bad practice to fire a teacher this close to contract completion date, isn't it? Is there any recourse I can take?
I'd happy to fill in any holes in the story if I left any, or any answer any questions. Thanks! |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Tue Mar 19, 2013 11:32 am Post subject: Re: Getting fired with three months to go on contract |
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panman36 wrote: |
Hi. I have been at this school since the fall. School never actually got me a working visa. Allegedly it applied for all these documents but has been processing for months and months. About a month ago they said they weren't happy with the students' progress and put me on probabtion. Just yesterday, they gave me two-weeks notice and are hiring a new foreign teacher.
I believe it's bad practice to fire a teacher this close to contract completion date, isn't it? Is there any recourse I can take?
I'd happy to fill in any holes in the story if I left any, or any answer any questions. Thanks! |
1. you're illegal.
2. you have no recourse.
3. no further questions. |
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goroh
Joined: 09 Feb 2009 Posts: 23
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Posted: Tue Mar 19, 2013 11:33 am Post subject: |
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Speaking of bad practice,you've been working without Z-visa and no FEC?
you're F-ed. |
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panman36
Joined: 04 Jun 2008 Posts: 48
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Posted: Tue Mar 19, 2013 12:32 pm Post subject: |
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They were gonna get these for me... just never got around to it I guess  |
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it'snotmyfault
Joined: 14 May 2012 Posts: 527
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Posted: Tue Mar 19, 2013 12:38 pm Post subject: |
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panman36 wrote: |
They were gonna get these for me... just never got around to it I guess  |
and now they don't have to pay any of those pesky bonuses or airfare to you either... |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Tue Mar 19, 2013 12:40 pm Post subject: Re: Getting fired with three months to go on contract |
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panman36 wrote: |
Just yesterday, they gave me two-weeks notice and are hiring a new foreign teacher. |
You might want to put the word out to this new foreign teacher if you ever meet him or her. Hopefully you get your final pay at least.
Is this a university or some private language school? |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Tue Mar 19, 2013 12:46 pm Post subject: |
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thank you.
i've just perused your posting history. is this the job you took when
you broke your contract previously...after three months 'cause you
was 'unhappy?'
i was beginning to miss hewlett, but you'll do nicely.  |
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vikeologist
Joined: 07 Sep 2009 Posts: 600
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Posted: Tue Mar 19, 2013 10:29 pm Post subject: |
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Surely it looks as though he was thinking of breaking his contract, but didn't.
Anyway, the residence permit isn't something that the school needed to 'get around to'. What kind of visa or permit are you on? A tourist visa? Have you been here since September on a z visa, because I think that is only good for a month. If that's the case either you or the school have a big problem.
if you have been staying in China illegally, you could be in line for a big fine. Without knowing exactly what's going on, we can't advise you.
But, as people have said, since you're working illegally, you don't have an awful lot of recourse with the school.
Tell us more, or find somebody near you that can give you some informed advice.
We need this info
-Who are the school? (because teachers need to be warned that they're hiring teachers illegally)
-What visa / right to be in the country do you have, and what visa did you enter china on?
-Do you have a copy of a contract with an original signature by the school? (The contract is worthless to you, but you may need it as proof for the Police that you were duped into breaking the law). |
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Banner41
Joined: 04 Jan 2011 Posts: 656 Location: Shanghai
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Posted: Wed Mar 20, 2013 1:29 am Post subject: |
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Chinese law is usually 30 days notice so two weeks is already a problem. But, you have been working illegally so they can pretty much do what they want now. |
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kungfuman
Joined: 31 May 2012 Posts: 1749 Location: In My Own Private Idaho
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Posted: Wed Mar 20, 2013 3:15 am Post subject: |
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Op - you want action? Go in there with a very large kitchen knife tucked in your waistband and make it know to the boss that you are owed some money.
Actions often speak louder than words |
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dean_a_jones

Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China
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Posted: Wed Mar 20, 2013 7:07 am Post subject: |
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kungfuman wrote: |
Op - you want action? Go in there with a very large kitchen knife tucked in your waistband and make it know to the boss that you are owed some money.
Actions often speak louder than words |
Assuming this is a just a joke; even so, a pointlessly stupid one to make.
OP - As others have said you are a pretty much screwed in terms of your situation as you are not working legally. Hopefully you are on a tourist or business visa that is still valid, rather than still here on a z-visa which has now passed its 30 day conversion limit.
Assuming your visa situation is in fact ok, I would just start looking around for something else. Not the best time of year to be doing so, but training schools/private language schools look for people year round. Perhaps you can find one that can sort out the paperwork for a HK visa run so you can come back in correctly and hopefully avoid this problem next time. |
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xiguagua

Joined: 09 Oct 2011 Posts: 768
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Posted: Wed Mar 20, 2013 11:00 am Post subject: |
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Recourse against that school? nope.
What i'd do......if your visa hasn't expired you can be ok. No one else HAS to know you were even working.....for all they know you've been on "vacation" for awhile. You can "forget" that job ever happened and get a new one and hopefully a chance at a legal visa. Or you can go home.
If your visa is expired though, you're def screwed and might be subject to a huge fine. Isn't it like 1500yuan for every DAY in China without a valid visa? |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Wed Mar 20, 2013 7:44 pm Post subject: |
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I've been frequenting Dave's for 10 years now and cannot believe we still have situations like this being reported.
The reason they didn't get around to normalising your visa is because in all likelihood they do not have the right to employ foreigners. |
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citadel
Joined: 12 May 2012 Posts: 68 Location: Over the river and through the woods.....
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Posted: Wed Mar 20, 2013 10:49 pm Post subject: |
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I do not want to jump to conclusions but it sounds like they may be firing you becasue they cannot provide a proper visa.
(On another note, what is FEC? Is it the taxes? AS it appears on my paystub I get taxes taken out of paycheck each month, although I do submit my fapio (sp) as write off.) |
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GreatApe
Joined: 11 Apr 2012 Posts: 582 Location: South of Heaven and East of Nowhere
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Posted: Thu Mar 21, 2013 2:52 am Post subject: |
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I agree with Non Sequitur above.
FEC = Foreign Expert Certificate ... it plays an integral role in getting the "Z" visa and then moving that "Z" visa to a Residence Permit.
--GA |
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