Job Discussion Forums

[SerendipityAE]

Hi all,

Firstly, sorry for the length of this post!

My boyfriend and I have been working for a school less than a year. However, throughout that time there have been numerous occasions where the school has tried to either deduct us pay and/or our time. As well as trying to get us to do things that were not stipulated in the contract. We have gone in to speak with our employer on each occasion but things never felt resolved. Now, being a new to working abroad also meant that I did not do enough research when making sure EVERYTHING that was expected of me was clearly put in the contract. The school argues that it is not in the contract but it is not not in the contract.

Now I am wondering, if the school has breached the contract with me by failing to pay us on the day they said (the school pays us on the same day every month and that is stated in our contract). There is also the very common clause in the contract that states that obligations of Party A to Party B (us) are to pay Party B's salary as scheduled.

Our contract also has the Breach Penalty clause that states that if any party fails to fulfill the obligations stipulated in the contract, that is in the even of breach of contract, the said party shall pay the breach penalty of US$3000.

Now the school has paid us, but they were a day late in doing so. This has happened in the past and we let it slide. Both times they have cited "bank system issues". Now maybe I am being biased, however, it's not like payday sneaks up on you. Nor would the school let it slide if we were late for class and cited traffic or something... they would say we should have left sooner.

Thank you for taking the time to read, any thoughts and opinions would be welcome on whether we are in the right to hand in our resignation and request our breach penalty award (we are also open to negotiating with them) but in general just want to know if we are right to do so.

[SerendipityAE]

Thank you for your reply.

Yes we are here legally with proper visa and residence permit.

We also do things like English Corners and promotional things for the school, because like you said it is either in the contract or it is used to supplement teaching hours (as in, maybe we have nothing else in a day besides and English corner and its not a day off). I mean they have tried to deduct us days for things like scheduling classes or activities and then cancelling them and saying we owe them days because we had additional days off that week. Even when we were only told an hour before or on arrival that the class or activity was canceled.

It's true that at first glance it seems quite silly for a day, but like I said it has happened in the past before and it seems like they are doing things that break the contract often... this however, is the most concrete example.

That is also an issue because we are not convinced even if we were in the right that they would even pay us our last month salary. There have been teachers at the school in the past who gave their notice but were told to just not show up because they wouldn't get paid. So that would be the worrisome thing.... That if we did pursue it, it would result in needing further arbitration because they may simply try to fire us/dismiss us for even bringing it up.

Again, thanks for the reply! There has definitely been a lot of weighing of pros and cons!

[mike w]

Paying you a day late, and you want to do what?

Are you serious? If you are really serious about resigning and invoking the breach penalty, then China is not really the right place for you.

Complete overreaction!

[zacharybilton]

You're obviously looking for a reason to get out of China. You came here with no real thought, did you? I mean, the concept of being paid a day late due to pay day falling on a weekend, or computers down, or this or that and you want to find a way out? This really tells us a lot.

[jimpellow]

Hello,

I have a question. Were the teachers who put in their notice at the end of their contract or had they reached the breaking point? Both? How often? I think knowing this would tell a lot and how to best proceed.

[asiannationmc]

It feels like you think that your employer is not being on the level with what they expect and that you think they have purposely mislead you as to expectations listed in the contract. The length of time you stated is not sufficient to evoke a breach of contract clause. If it is unpleasant to deal with them, best to find a middle ground and avoid contact after that.

[Deats]

Massive overreaction! Sorry, but a day late and you want $3000?? Really? This is surely a windup, right?

Even in England I was paid a day late on occasion. These things happen.

I'd like to know what else they have done to you... Some real facts. Without seeing a contract it is hard to know what is and isn't expected from you. I would say if you must work 20 hours a week and you only have 10 class hours, then it seems pretty fair they may ask you to do some other bits and pieces to make the hours up. Without knowing more details, it's hard to say anything more.

[kev20]

OP I guess by now you realize how ridiculous this sounds. Have you ever had a job before? If you attempted to take action over being paid a day late you would be laughed out of China. And this is the 'most concrete' example of a "breach" of contract!

Even if you had provided actual evidence for breach of contract you wouldn't be successful in taking action, unless you have more guanxi in your city than the public school system.

I think you should use this as a lesson that sometimes you have to give a little to get a lot. For example, sometimes I don't get my full bonus and I don't complain like a snotty nosed child and then at the end I get a new contract. Sometimes if I'm worried about my school not liking the fact I leave early everyday, then I buy my principal or some of the teachers a gift. In the end I get a new contract and a good recommendation.

Welcome to the real world.