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Breach of contract

 
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peter nolasco



Joined: 31 May 2004
Posts: 3

PostPosted: Tue Jun 01, 2004 1:53 am    Post subject: Breach of contract Reply with quote

I taught in Tianjin 5 years ago. Unfortunately I went succumbed to the Embittered Expat Syndrome and returned home after teaching only one semester . The contract contained the standard clause about a $2000 fee if either the teacher or the school were guilty of breach of contract. The excuse I gave was accepted although the school had to have known that I was lying. The amount that I paid for breaking the agreement was very, very small. I was told that I was welcome back anytime. That was one of the dirtier things I've ever done. I never stayed in touch with any of my former students because I was too ashamed of what I did. I would like to return to China to teach. Will what I did be held against me?
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stavrogin2001



Joined: 06 May 2004
Posts: 92
Location: Liaoning

PostPosted: Tue Jun 01, 2004 2:04 am    Post subject: Reply with quote

I would not sweat it. I have heard that if you do a runner and go to anywhere where you need to have a new visa, your old visa is not looked at at all. I know a guy that did a runner to HK. He was in a position where he felt that the treatment he was getting was not ok, so he did a midnight runner. He went to HK and got a new tourist visa, only to return to the mainland in the next week. He did not have any problems at all getting the new registration taken care of.
To be honest, I do not think the government has the system in place to track us all down beyond the papertrail we have while on one visa.

Out of curiosity, where were you in Tianjin? I am at Tianjin University of Science and Technology and heard of people taking off. Personally I don't blame them. The one thing I cannot believe is that you paid a fine. I have never heard of someone doing that.
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Guest






PostPosted: Tue Jun 01, 2004 2:20 am    Post subject: Reply with quote

We have had three teachers do a midnight run from this School in the past few months. We also have the clause about the fine in our Contracts but even though the School knows where one of the Teachers currently is, they say there is no system in place to chase him/her for the money.

I really think that most Schools do not bother chasing anyone who breaks their contact, and you at least told them you were leaving, so I do not think you would have a problem starting out fresh.
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peter nolasco



Joined: 31 May 2004
Posts: 3

PostPosted: Tue Jun 01, 2004 2:28 am    Post subject: Reply with quote

I was at Hebei University of Technology across from Xigu Park on the north side of town. Two of my predecesors left because they could not stand the waiban. That was five years ago so things might have changed. The amount that I was asked to pay was the equivalent of my last month's salary. Thanks for the advice. Is Mr. Li still selling teapots on Ancient Culture Street and is City Slickers still in business?
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stavrogin2001



Joined: 06 May 2004
Posts: 92
Location: Liaoning

PostPosted: Tue Jun 01, 2004 5:08 am    Post subject: Reply with quote

I have only been living in Tianjin for about 8 months, but I have not run into either of the places you asked about. I have been to ancient culture street a couple times, but find it too far from where I live in the Southeast corner of town. I stay more in the southern half of the city.
Tianjin is going through a lot of changes now with a big subway and highway project going on. It is not a good place to be right now with all the dust and dirt flying around.

Good luck to you in finding a new school, by the way, what made you decide to come back. You had mentioned that you were burnt out. Sometimes I feel like I am a little burned out too and feel like I might be taking things a little too seriously with the waiban, but I have never considered going home.
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struelle



Joined: 16 May 2003
Posts: 2372
Location: Shanghai

PostPosted: Tue Jun 01, 2004 6:45 am    Post subject: Re: Breach of contract Reply with quote

While it's not difficult to re-enter a new job after doing a midnight run (or even changing cities), I really don't recommend it. I came far too close to doing one back in April, but am quite glad I stuck it out. Now the term is wrapping up, and I'm finishing off each class one-by-one. I never thought this day would come, and it's a nice feeling.

The biggest problem with doing a runner is that colleagues and future FTs are affected negatively. Chinese interactions with foreigners are always cumulative, so in many ways, I prefer to be the first FT they hire. That way, hopefuly, I can smooth things out for the next guy.

On a broader scale, a pattern of midnight runs give FTs a bad name in general, and employers consider them unreliable. From reading Roger's posts, it's a rarity to find good and stable EFL jobs in China these days, but a pattern of running can only make them harder to find.

This isn't to say that the reasons to run aren't justified, in many cases they are. However these situations could be reduced by teachers who do their homework more and get tough with the employers before they sign a contract.

Far better to do a 'pre-run', that is run away from a bad contract before signing it.

Steve
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Tue Jun 01, 2004 8:08 am    Post subject: Reply with quote

The waibans get replaced every once in a while, and apart from them, few peopple would know of your past. Besides, how do they keep records on you? Unlikely. They might even misspell your name and confuse nationalities and birth dates.
Which doesn't mean I am condoning whqat you did.

But your chances of discovery are minimal.
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Ace



Joined: 16 Apr 2004
Posts: 358

PostPosted: Tue Jun 01, 2004 2:40 pm    Post subject: What? Reply with quote

I've been here for 3 years...what's a waiban? It sounds like something I should know.
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peter nolasco



Joined: 31 May 2004
Posts: 3

PostPosted: Tue Jun 01, 2004 2:44 pm    Post subject: Reply with quote

Why do I want to go back? Maybe its the gobulis, especially the xiaren gobulis Very Happy . Maybe its also not being able to hear about a town or county in Hebei Province without thinking "One of my students was from there." Or seeing the last scene of Crouching Tiger Hidden Dragon which was filmed at Cangyanshan without thinking, "I climbed that mountain. How I did it I'll never know." Or being able to have a reasonably intelligent conversation with immigrants from Beijing about their city. It seems like China got under my skin and I have to go back.

The comment about mid-night runs by FTs and FEs making it hard for everyone else are well taken. After leaving China I spent several years teaching in a high school in Texas determined to complete the yearly contracts no matter what. Teaching in that high school taught me something about being a professional. What I did in China five years ago was indefensible but I doubt that I'll be doing another mid-night run this time around. Thanks for all of the really good comments and God bless.

Peter Nolasco
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laodeng



Joined: 07 Feb 2004
Posts: 481

PostPosted: Tue Jun 01, 2004 6:40 pm    Post subject: Reply with quote

[/b]Peter, I believe you may be being a little hard on yourself when you say that your run was "indefensible." I agree with the tenor of the others' comments. But sometimes a run may be the only rational choice when one's physical or emotional health is compromised. Research is, of course, essential. But if a lot of your information is coming from folks who have zero regard for the truth, then you'll never know what you've gotten into until after you sign the contract.
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