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Cancelling a contract before leaving for China
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IRT



Joined: 13 May 2014
Posts: 6

PostPosted: Thu May 15, 2014 10:37 pm    Post subject: Cancelling a contract before leaving for China Reply with quote

Hello everyone,

I'll simply outline a scenario, and any knowledge that you have concerning that scenario would be much appreciated.

A person in Canada signs a contract and sends it to an employer. The contract is due to start in 3.5 months. Not long after signing the first contract, the person receives a job offer from another school which pays much more than the one that he just signed for. Is there a penalty, or are there any negative repercussions for cancelling the contract long before arriving in China, then taking the other job?

Any answers would be greatly appreciated.

Thanks.
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The_Kong



Joined: 15 Apr 2014
Posts: 349

PostPosted: Thu May 15, 2014 11:07 pm    Post subject: Re: Cancelling a contract before leaving for China Reply with quote

IRT wrote:
Hello everyone,

I'll simply outline a scenario, and any knowledge that you have concerning that scenario would be much appreciated.

A person in Canada signs a contract and sends it to an employer. The contract is due to start in 3.5 months. Not long after signing the first contract, the person receives a job offer from another school which pays much more than the one that he just signed for. Is there a penalty, or are there any negative repercussions for cancelling the contract long before arriving in China, then taking the other job?

Any answers would be greatly appreciated.

Thanks.


Difficult to say.

Are the two schools in the same city or province?

How pissed off do you think the employer will get?

Are you going to tell them the real reason why, tell them a fake reason why, or not tell them at all?

Have they started processing your paperwork yet or not (i.e., have they made a financial investment into you coming to work for them)?
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3701 W.119th



Joined: 26 Feb 2014
Posts: 386
Location: Central China

PostPosted: Thu May 15, 2014 11:17 pm    Post subject: Reply with quote

Fair play to you.

However, flip that.

A school in China prints a contract and sends it to a teacher. The contract is due to start in 3.5 months. Not long after agreeing the first contract, the school receives an application from another teacher, which asks for much less pay than the one that they just signed for. Is there a penalty, or are there any negative repercussions for cancelling the contract long before arriving in China, than taking the other teacher?

You see our predicament here?

I wish you the very best.
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3701 W.119th



Joined: 26 Feb 2014
Posts: 386
Location: Central China

PostPosted: Thu May 15, 2014 11:26 pm    Post subject: Reply with quote

Sorry, it's nigh on impossible to convey meaning through tone on the internet.

So, what I meant by that post was... OP - You signed a contract. Man up, wet pants.
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IRT



Joined: 13 May 2014
Posts: 6

PostPosted: Thu May 15, 2014 11:41 pm    Post subject: Reply with quote

To clarify the situation a bit, no contracts have been signed yet. One contract is a public university job for which I'm running out if time to sign, because they're waiting on me. If I don't sign, they have other eager applicants.

I have an interview with an outfit which will pay me a huge salary next week, assuming that I got the job. I want to have the first job secured in case I don't get the second job. However, I was wondering if it would be a no harm no foul situation if I cancelled shortly after signing in case I did get the second job, before they started processing my visa.

The two schools are in completely different areas of China, and if I did cancel, I would probably say that due to extenuating circumstances, I cannot make it to China as I had originally planned.

@3701 W. 199th, I understand where you're coming from, but it's a dog eat dog world. I've had a school in Korea agree to hire me before but then change their mind at the last minute when they found a guy already in country who could start right away.
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vikeologist



Joined: 07 Sep 2009
Posts: 600

PostPosted: Fri May 16, 2014 5:35 am    Post subject: Reply with quote

It's hardly no harm, no foul. Maybe if you say you're taking the job they will lose the other applicants by the time you change your mind.

However it's not a war against humanity. The key thing is to make sure they don't apply for your letter of invitation which is very expensive.

You should tell school 1 that you can't make a choice yet because they're your second choice. They might wait a week. That's a lot better than making a commitment you know you might not honour.

Also, none of us are really certain what the situation is with blacklisting. It would hardly be surprising if breaking a commitment had bad consequences for you.
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Shroob



Joined: 02 Aug 2010
Posts: 1339

PostPosted: Fri May 16, 2014 6:13 am    Post subject: Reply with quote

vikeologist wrote:
It's hardly no harm, no foul. Maybe if you say you're taking the job they will lose the other applicants by the time you change your mind.

However it's not a war against humanity. The key thing is to make sure they don't apply for your letter of invitation which is very expensive.

You should tell school 1 that you can't make a choice yet because they're your second choice. They might wait a week. That's a lot better than making a commitment you know you might not honour.

Also, none of us are really certain what the situation is with blacklisting. It would hardly be surprising if breaking a commitment had bad consequences for you.


I'm not sure I'd advise this, just say something like 'I'm out of town for a business trip' or, 'I'm visiting relatives' and ask for an extension on the deadline.
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buffalobill12323



Joined: 18 Sep 2013
Posts: 115
Location: China

PostPosted: Fri May 16, 2014 1:26 pm    Post subject: Re: Cancelling a contract before leaving for China Reply with quote

IRT wrote:
Hello everyone,

I'll simply outline a scenario, and any knowledge that you have concerning that scenario would be much appreciated.

A person in Canada signs a contract and sends it to an employer. The contract is due to start in 3.5 months. Not long after signing the first contract, the person receives a job offer from another school which pays much more than the one that he just signed for. Is there a penalty, or are there any negative repercussions for cancelling the contract long before arriving in China, then taking the other job?

Any answers would be greatly appreciated.

Thanks.


There are plenty of low paying jobs. Bin the first offer, play out the second, if it goes west, go back to lower paying offers, you will find plenty
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MuscatGary



Joined: 03 Jun 2013
Posts: 1364
Location: Flying around the ME...

PostPosted: Fri May 16, 2014 1:34 pm    Post subject: Reply with quote

Funny how many people come on here to complain about bad behaviour by employers. Then you read this. If you have no honour you should not be in the teaching profession.
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The_Kong



Joined: 15 Apr 2014
Posts: 349

PostPosted: Fri May 16, 2014 4:47 pm    Post subject: Reply with quote

IRT wrote:
I've had a school in Korea agree to hire me before but then change their mind at the last minute when they found a guy already in country who could start right away.


Ahhh...so two wrongs do make a right. Apparently I've been taught poorly Sad
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The_Kong



Joined: 15 Apr 2014
Posts: 349

PostPosted: Fri May 16, 2014 4:51 pm    Post subject: Reply with quote

MuscatGary wrote:
Funny how many people come on here to complain about bad behaviour by employers. Then you read this. If you have no honour you should not be in the teaching profession.


Yup, my thoughts exactly.

I bet for every "I got screwed over by my employer" story there's at least an equal amount of "The new guy we hired cancelled his contract at the last minute / showed up drunk for class" kind of story.
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LarssonCrew



Joined: 06 Jun 2009
Posts: 1308

PostPosted: Fri May 16, 2014 5:19 pm    Post subject: Reply with quote

What contract?

Is his hand written signature on a contract in the hands of the Chinese employers, written in Chinese[because the English doesn't apply here].

What you mean is there is a gentleman's agreement if anything.

And PLENTY of Chinese have broken this kind of agreement.
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thebroformerlyknownaschou



Joined: 09 May 2014
Posts: 96

PostPosted: Fri May 16, 2014 5:19 pm    Post subject: Reply with quote

keep in mind that you haven't actually signed a contract. you have
merely signed a placeholder agreement to sign a contract, which the
school will submit to the psb/fab to get your work permit and visa
invitation.

you sign the actual contract after you arrive in our china.

also keep in mind that the school forks out a mess of renminbucks to
get you those papers. upwards of 3K rmb, more or less.
better not to sign the agreement unless you agree to the terms.

of course, the school promising you that 'huge salary' could decide to
downsize your pay during the next 3.5 months, conveniently not
telling you until you arrive.

i suppose that wouldn't bother you? no negative repercussions?
they'll just say 'extenuating circumstances' and so solly about
you forking out all that cash on your flight, but take it or leave it.
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wangdaning



Joined: 22 Jan 2008
Posts: 3154

PostPosted: Fri May 16, 2014 11:32 pm    Post subject: Reply with quote

Maybe be honest and tell school 1 you want more pay?
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IRT



Joined: 13 May 2014
Posts: 6

PostPosted: Sat May 17, 2014 12:33 am    Post subject: Reply with quote

Alright, well now that I know that it bears such a high cost to get those papers sent, I wouldn't do that knowing the trouble that it would cause them, but I didn't know that before.

Thanks to those who've cleared it up, but for the self righteous poster talking about honour because I asked a simple question, save it. We get it, all the other teachers are deadbeats and leeches and you're a philosopher poet who travels the world righting wrongs and living by his warrior code. You go up to any girls who are conversing with a guy and say "is this guy bothering you?". Half the time it's her brother or boyfriend and sometimes you get hands put on you but damn it, you'll find the maiden who really is in distress and show her what a gentleman you are some day!

Anyway, now that I know that it would cause harm to the employer I'm not doing it, but a man us entitled to ask questions, is he not?
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