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rioux
Joined: 26 Apr 2012
Posts: 880
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 Posted: Thu May 07, 2015 6:31 am Post subject: The contract ends before the term ends |
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The contract of a friend of mine finishes on June 30th but the term for the college finishes about July 15th.
She has a new job elsewhere and wants to get there as soon as her contract finishes but her current school said she will have to make up the classes missed in July.
How is this possible since she is not under contract for July? |
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hdeth
Joined: 20 Jan 2015
Posts: 583
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| Posted: Thu May 07, 2015 6:41 am Post subject: Re: The contract ends before the term ends |
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| rioux wrote: |
The contract of a friend of mine finishes on June 30th but the term for the college finishes about July 15th.
She has a new job elsewhere and wants to get there as soon as her contract finishes but her current school said she will have to make up the classes missed in July.
How is this possible since she is not under contract for July? |
Someone made a huge typo and didn't notice it? Did she bring the discrepancy to the school's attention before? I mean, if I knew my contract ended 2 weeks before the end of the term (probably when they're doing final exams) I would be pretty quick to talk that over with my employer. That should have been worked out a while back.
I don't see how they could legally hold her but they'd probably just refuse to cooperate with the residence permit or FEC transfer process unless she stayed.
But wouldn't her residence permit expire at the same time as her contract?
Last edited by hdeth on Thu May 07, 2015 7:05 am; edited 2 times in total |
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fchris171
Joined: 28 Mar 2015
Posts: 33
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| Posted: Thu May 07, 2015 6:45 am Post subject: |
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| They obviously can't ask her to do that. Also, whatever contract she signed would have been seen and approved by the administration of foreign experts when she got her FEC. If she has any problems, she can just go to them, or at least say that she intends to go to them. |
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zacharybilton
Joined: 23 Apr 2015
Posts: 118
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| Posted: Thu May 07, 2015 6:58 am Post subject: |
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You're saying this "friend" didn't read the contract, look at the resident permit, or the foreign expert certificate when it was issued? This is a "sudden issue"? It's been there for months I gather, so how is it just now an issue? Why would someone get a credential and not check it when receiving it for mistakes?
While I don't consider it a typo, as schools don't actually know the end date of the school year at the start of the school term. There is a buffer zone due to administrative things and holidays and so on. It's not like America where something is basically set in stone for something so basic.
Besides, what they are doing is to end the term for the friend in June, so they don't have to pay the extra July month. They'll either move exams forward for the person to do early, or expect them to work more for less pay then contractually set - but since the contract ends...
I know how I'd deal with it, IF I planned on not returning to the school. |
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Shanghai Noon
Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China
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| Posted: Thu May 07, 2015 7:03 am Post subject: |
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| To the OP, it's not your friend's problem. She is free to go. |
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bestteacher2012
Joined: 22 Aug 2012
Posts: 160
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| Posted: Thu May 07, 2015 8:17 am Post subject: |
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| Someone has obviously made a typo somewhere. I can see the school refusing to issue the release letter, airfare allowance if she doesn't stay. Perhaps she can negotiate to work with the current school until the middle of July as long as they provide her with all the necessary documents to give to her new school. |
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mike w
Joined: 26 May 2004
Posts: 1071
Location: Beijing building site
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| Posted: Thu May 07, 2015 8:58 am Post subject: |
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| Quote: |
| Also, whatever contract she signed would have been seen and approved by the administration of foreign experts when she got her FEC. |
That's a very naive statement, and also very misleading. If you looked at the number of people on these forums who have problems with contracts, many of those are due to their own failure to check, but also many of them are due to 'flakey' and 'illegal' contracts which have never been anywhere near SAFEA.
Not all contracts are approved by SAFEA - they should be, in an ideal world - but TIC - ideal doesn't exist. |
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Shanghai Noon
Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China
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| Posted: Thu May 07, 2015 9:41 am Post subject: |
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| If the contract isn't approved by SAFEA, then the teacher cannot get the FEC. The OP's friend is free to go. SAFEA doesn't care when your semester ends. When the contract ends and the residence permit and FEC expire, both parties must do their legal duties. Finishing the semester is not one of them. |
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Deats
Joined: 02 Jan 2015
Posts: 503
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| Posted: Thu May 07, 2015 12:08 pm Post subject: |
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Not your friend's problem. It's tough luck for the uni.
I was recently offered a contract Sep1 - July15. So I wanted to confirm I would be paid for 10.5 months. Then the FAO said no no no, lessons will finish on June30 and and my visa would run out on July15. So they would only pay until June30. I said no thanks. I wasn't going to sign a contract where i may work for free for 15 days. No way.
I'm guessing your friend is being paid for 10 months? Or are they getting full summer pay? I can only imagine their pay stops on June30 if their contract stops then. In which case, the uni is trying to pull a fast one.
In China the employer ALWAYS refers to the contract when it suits them and tries to ignore it when it doesn't. Your friend should put the contract in front of their employer and tell them there is no way in hell they are 'compensating' lessons not under their contracted period. End of story. |
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rioux
Joined: 26 Apr 2012
Posts: 880
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| Posted: Thu May 07, 2015 12:16 pm Post subject: |
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| Deats wrote: |
I'm guessing your friend is being paid for 10 months? Or are they getting full summer pay? I can only imagine their pay stops on June30 if their contract stops then. In which case, the uni is trying to pull a fast one.
In China the employer ALWAYS refers to the contract when it suits them and tries to ignore it when it doesn't. Your friend should put the contract in front of their employer and tell them there is no way in hell they are 'compensating' lessons not under their contracted period. End of story. |
Thanks for all the replies.
She is being paid for 10 months. She is moving on when the contract ends.
The school she is at is absolutely horrible (future thread). |
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rioux
Joined: 26 Apr 2012
Posts: 880
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| Posted: Thu May 07, 2015 12:20 pm Post subject: Re: The contract ends before the term ends |
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| hdeth wrote: |
Someone made a huge typo and didn't notice it? Did she bring the discrepancy to the school's attention before? I mean, if I knew my contract ended 2 weeks before the end of the term (probably when they're doing final exams) I would be pretty quick to talk that over with my employer. That should have been worked out a while back.
I don't see how they could legally hold her but they'd probably just refuse to cooperate with the residence permit or FEC transfer process unless she stayed.
But wouldn't her residence permit expire at the same time as her contract? |
Her RP expires at the same time of the contract.
She works at a place which is so inept and incompetent I don't even know where to begin. With 10 things going wrong all the time at that place they can't handle being told about it so just 1 or 2 very pressing issues can be brought up with them. They can't even correct the few things so there is no point telling them about all of them. If one were to they would be viewed as a trouble maker so she tries to be very selective in what she asks of them to correct.
Last edited by rioux on Thu May 07, 2015 12:22 pm; edited 1 time in total |
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Deats
Joined: 02 Jan 2015
Posts: 503
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| Posted: Thu May 07, 2015 12:21 pm Post subject: |
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| 100% they can't make her work for a period they aren't even paying her for! That's just ludicrous. Your friend signed a contract and there is a clear end date. It's not her problem that the uni tried to pay her a 10 month contract even though the semester goes on longer. It serves the uni right for trying to get away with not giving a full year contract. Legally the uni can't make her work July classes if it puts her teaching hours above those stipulated in her contract - unless they pay her overtime, which they are entitled to do. End of story. |
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