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Breach of contract/legal action

 
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cormac



Joined: 04 Nov 2008
Posts: 768
Location: Xi'an (XTU)

PostPosted: Sun Jan 31, 2016 2:18 pm    Post subject: Breach of contract/legal action Reply with quote

Now, I'm not really looking for a discussion. I've lived in China for 6 years so I don't really want the usual stereotypical advice or comments. Keep the topic on track please.

Basically, I've been with a decent university for the last two years. The quality of the campus apartments are horrible, and they've been fobbing us off by talking about a new building being built. However, the building has been finished, furniture moved in and in spite of the FT prior objections, continued to produce apartments which break the terms of the contract. i.e. no real kitchen, privacy issues, and placing professors in the same living area as foreign students.

I've had enough. I'm pushing back by declaring that I wont accept the new apartments, and that I'll no longer ignore the breaches in the contract.

I'm looking to hear of anyone that has brought a university to the psb and/or court and won/lost.

Yes, yes, yes. I know I'll never work in my province again if i do this.... bla bla.

Just stick with actual real information as to cases. IF you really don't know about this area, blow your horn in another thread pls. No offense intended but some people just love to post absolute crap here just to be noticed.
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Laurence



Joined: 26 Apr 2005
Posts: 401

PostPosted: Mon Feb 01, 2016 12:32 am    Post subject: Reply with quote

Feel for you buddy, solid accommodation can make all the difference.

Here's my perspective, for what it's worth -

You have two paths leading on from here: quit or negotiate.

Looks like you are being led down the garden path asking for better digs. Have you tried asking your employer to give you an allowance instead of providing an apartment? This would probably be a little more expensive, but worth it apparently.

cormac wrote:
I'm looking to hear of anyone that has brought a university to the psb and/or court and won/lost.


The only case I know of is someone that was successful in defence against a private middle school, who did actually have a legit case. She was lucky, they were badly prepared.

If you're going to get into serious conflict it's really important to be crystal clear and realistic about what you think you can get out of it. Not sure what you'd take to court though, couldn't imagine you winning damages or anything... we're a long way from America lol.

My advice, if you're still reading, is to tell them you're going to walk, and tell them why. And be ready to do it. Then you'll find that you might be able to score an apartment allowance or keys to a new place. Risky though, could end up jobless and homeless for a time.
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fpshangzhou



Joined: 13 Mar 2012
Posts: 280

PostPosted: Mon Feb 01, 2016 6:02 am    Post subject: Reply with quote

i agree with Laurence. But before you toot your horn about any issues that may send you packing, I'd definitely have a backup plan with a new job offer so you can transition with minimal problems. Just remember, you're on their turf and we foreigners have little to no support, other than the psb. Even that's a gamble. I'm in a similar situation as they keep breaching my contract, but before I say or make any drastic measures, I'm making a secondary plan so I can move on when the time comes.

Good luck,

Aaron
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Babala



Joined: 28 Jan 2005
Posts: 1303
Location: Henan

PostPosted: Mon Feb 01, 2016 6:45 am    Post subject: Reply with quote

The very few foreigners that I have heard of that successfully won lawsuits here have sued over salary.

There is no way any court is going to give out a reward for a housing issue. Chinese living standards are different from ours and trying to make a court understand the breach would be futile. To hire a lawyer would be throwing away money.

Does the school understand how serious you are about leaving over the housing issue. Perhaps a resignation letter could show them how serious you are and get you a new apartment.
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teenoso



Joined: 18 Sep 2013
Posts: 365
Location: south china

PostPosted: Mon Feb 01, 2016 9:39 am    Post subject: Reply with quote

Ask a local lawyer if you need specific advice on Chinese contract and labour law (!), but let's face it , 'accommodation provided ' may be a part of your contract , but it's hardly material or significant.
It's not at the heart of the contract and, as another said , breach of contract for unpaid salary or a major change in working conditions may be the only things the PSB (and courts?) will be interested in.

Of course , getting the PSB involved may work to your advantage , at least in the short-term.
We had a similar situation at another Uni and the employer did provide an allowance for teachers who wanted to move off-campus because the on-campus newly built apartments were noisy, unfinished, etc.

Why not try to negotiate collectively before involving the PSB?
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Shanghai Noon



Joined: 18 Aug 2013
Posts: 589
Location: Shanghai, China

PostPosted: Mon Feb 01, 2016 11:58 am    Post subject: Reply with quote

I advise that you take the name of your university off your location in your forum profile.
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Longer



Joined: 08 Jan 2016
Posts: 28

PostPosted: Fri Feb 05, 2016 4:35 pm    Post subject: Reply with quote

Two things... One of my buds was in your shoes last year. Since he protested in mid semester the Uni (Big name Beijing Uni) could not afford to lose him and they actually have funds available for off-campus housing (like for when water lines break, etc). They ended up putting him at a 3 star hotel that has a great rate for visiting scholars and lecturers.

Although he won the battle, he lost the war. When his contract was up they opted not to renew it due to all the noise he made ranting about his housing. Guide yourself accordingly. This may also be of some help to you: http://eslwatch.info/forum/china/19-all-about-contracts-for-china-expat-foriegn-teachers-the-good-bad-and-the-ugly.html

Good luck peng you!
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ChrisHenry15



Joined: 03 Jan 2015
Posts: 99

PostPosted: Mon Feb 08, 2016 10:06 am    Post subject: Reply with quote

As previously posted... Don't expect to be renewed.
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