Job Discussion Forums

[tyroleanhat]

I am writing on behalf of a Russian friend of mine who has a one-year contract (February to January) at a private university in Yunnan. Couple-contract together with his (pregnant) wife. They are teaching piano, not ESL.
Unfortunately accepting this job was a wrong choice. I am trying to help him getting out of this hopeless situation. My English is better than his.

Apartment is in the middle of a huge student dorm complex, full of holes where cockroaches, lizards, and cigarette smoke are passing through all day.
Right in front of the window there's a fitness center with ear-deafening disco music every day starting at 7 am.
They had no internet for 3 months, it's still unstable
etc it goes on like this - altogether just inhuman conditions, even more so for a pregnant woman.

Also the contract hours. They have no schedule, only waiting every day like slaves for the next command. They just came back from Russia because they were told to teach in September after the break. When arriving in China they learnt that they came in vain, there is no work for them until mid october (no students until then, no salary). The same happened when they newly came in February. No work/salary for several weeks.

Begging the uni about improvements brought them only empty promises. Nothing ever happened.



Now I can think of four choices:

1. Suck it up until January. But he says almost impossible in these conditions. His wife will get a baby in November.

2. Pay the expensive breach penalty, which will at least safely secure him the letter of release(?). He wants to continue ASAP in another place, and from what I understand this letter is crucial to do so. The breach penalty is 2000 USD, but since they have two contracts, it would be officially 4000 USD. He says he doesn't want to pay one cent to those "pigs"

3. Get a lawyer. Recommendations? Or any ideas who he could show the contract, someone with a bit of understanding of the Chinese laws for foreigners? The contract is very vague and general, so its probably hard for a legal process..

4. Just run in the middle of the night? but will this affect his future in China? Or only in Yunnan?


I would appreciate any ideas and insights, especially about the topics breach penalty, letter of release and lawyers.

[jimpellow]

I am thinking that a fast midnight run would be the best choice considering what you offered.

It will likely affect his chances in China with the new rules, but there is demand for piano instructors worldwide as well as online. They could also look at teaching Russian as at least part of a brighter future.

Is your friend really still so enamored by China after seeing its true nature? If his wife doesn't miscarriage by what they are putting her through, does he want his infant child living in regions of China much more polluted than Yunnan?

[lugubregondola]

jimpellow wrote:

I am thinking that a fast midnight run would be the best choice considering what you offered. It will likely affect his chances in China with the new rules, but there is demand for piano instructors worldwide as well as online. They could also look at teaching Russian as at least part of a brighter future. Is your friend really still so enamored by China after seeing its true nature? If his wife doesn't miscarriage by what they are putting her through, does he want his infant child living in regions of China much more polluted than Yunnan?

Really? How do you know this. How can you teach online piano? How can you teach piano without knowing how to speak Chinese or the language of the child/student (unless they speak excellent English)

[rogerwilco]

I rarely recommend a midnight run, but in this case I think it could be justified.
He and his wife could return to Russia and get new passports, and start over.
I wouldn't want to pay a penalty or waste time with such a school either.

[nomad soul]

[tyroleanhat]

[rogerwilco]

[nomad soul]

[The bear]

Second all those that are saying midnight runner (depending on the contract).

If the employer has broken the terms, the contract is already nullified in my opinion. No qualms leaving. Sounds like the uni isn't really interested in rectifying the problem.

[jimpellow]

[jimpellow]

I really feel for your friends. It's one thing when it is some zoned out dude that ends up in such a hole, but a couple with a baby on the way...

I know it has been brought up before that neither a government office nor a lawyer can do much about a teacher's living conditions. It is along the lines of Chinese law heavily favoring the landlord, and recourse difficult due to being legally undefined for employer provided housing.

The non-paid time could be another matter. I would assume that this depends on if they are holding an FEC and would thus have possible recourse through Chinese employment law.

[BruceLeeWannaBe]

Just run. Yes it will effect your future if you want to come back. But I think you'd only be blacklisted for 5 years anyway. It's easy to run into visa problems when you yourself did nothing wrong and considering how corrupt the system is, it's always best to assume that even if the OP doesn't run something could still happen that could affect his future in China anyway.

I certainly wouldn't put much stake in my so called future in China anyway. You will always be an outsider anyway with all the social limitations and segregation society puts on you, plus you have no rights.

Speaking of your future in China, even if you don't get into legal/visa problems or any problems with your school, well once you live in China long enough you will by your own discretion leave the country back home to your country. I remember when I first went to China, nothing would convince me to leave. Now... Nothing could convince me ever to go back.

So even if the OP does "run" and end up blacklisted even permanently from the country, it's not a country we have any long term future in anyway. If I were to find out today I was not allowed back to China for any reason at all it wouldn't surprise me despite the fact I did nothing wrong and it wouldn't bother me either. It's a country where we don't have any real long term future in, society keeps us segregated and at arm's length, and eventually you realize it's not your place. If I ran in the middle of the night and I was blacklisted for it, I would not see it as a consequence.

I don't belong there and I have nothing to lose.

[Chroniclesoffreedom]

I never thought about this but I like the way you put it. That we don't have a big future in China. I believe you Bruce. For those of us who live in China our future will be short lived.

Someone told me a few weeks ago that in the long run we have nothing in China.

[wangdaning]

I have my wife, baby, family, and a house here. If I go back to the US I have extended family, but all of my immediate family are no longer there.

[Curtinca]