Job Discussion Forums

china_sk8er · Joined: 30 Oct 2004 Posts: 166 Location: Harbin

Hello,

I am having a problem with World-Link China Training Center right now. The company is not paying the foreign teachers because the branch here in Yibin, Sichuan is being closed because of a loss of students and money. We are told that the shareholders in Shanghai don't want to pay us our salary. There are a total of 3 foreign teachers and for some reason they don't want to fork over roughly 25,000RMB in total. I was supposed to be paid on November 25th and a fellow teacher hasn't been paid since the middle of November. This is such bullsh*t.

The shareholders told our boss to pay out of his own pocket, but he doesn't have that much money. My boss is a nice guy, but he doesn't have the final say because he doesn't own the whole company. World-Link has branches in Shanghai and Wuxi and they are well established companies there. My boss has actually told us today that if the shareholders don't pay us then we should take them to court.

We have been borrowing money from family and are really stuck.

What I am asking is if anyone has had anything like this happen to them? If so, could you give me some advice on what we should do here. I want my salary and my plane ticket, which is stated in my contract. Do you know any lawyers that you could recommend? We are legal teachers here so I am thinking about heading to the Canadian consulate in Chongqing to see what they have to say. And if they don't pay then we will take them to court.

Please help by posting some good advice or PM me.

Thanks and any advice would be appreciated,

Chris

Spiderman Too · Posted: Mon Dec 06, 2004 12:35 pm Post subject:

I'm no expert, but the following points come to my mind;

- The Candian embassy will give you advicv, and recommend a lawyer if needed, but they won't (can't) become involved in a commercial dispute

- You need to lodge a complaint (the sooner the better) with the provincial Foreign Affairs Office in Chengdu

- Does your contract have a penalty clause to a value of, maybe, RMB 4,000? If so, then your claim should be for unpaid salary, airfares and penalty clause.

- I can remember reading an old post where a forum member recommended a Chengdu law firm who won a case against an employer on behalf of that forum member. Do a thorough search.

Roger · Joined: 19 Jan 2003 Posts: 9138

I offer you the same advice as in the China Off forum:
You can safely forget about recovering your money. The lawyer will cost you RMB 1000 an hour or more. And, he will have to lodge a case with the court weeks in advance. How are you going to bridge this period?

Forget it! How much have you lost? One month's salary? Peanuts!

nolefan · Joined: 14 Jan 2004 Posts: 1458 Location: on the run

While some people might disagree, I have to go with Roger on this one. Forget about it and file it as a cheap life experience. Get out of there and cut down on your losses.

You should be able to get a release letter and get a better job (preferably with a public school or uni that won't rip you off ) in no time. They'll still reimburse your flight if you negociate properly.

I hate to see them arseholes get away with riping teachers off but sometimes you gotta know when to fold your cards and head for the exit before you lose anymore.

Good luck

B.

laodeng · Joined: 07 Feb 2004 Posts: 481

I, too, must agree with Roger. But if you had unlimited resources, the energy of a manic, and an infinitely elastic visa it could be an interesting hobby.

Suan4 le!

laodeng · Joined: 07 Feb 2004 Posts: 481

Incidentally, isn't World Link also the outfit that runs frightfully expensive expatriate medical centers in Shanghai and Beijing? I get the impression that they're swimming in money. Sux.

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

File a complant.....that is your first step ..

Often, if you obtain the svc of a lawyer the school will fold and pay...go by and establish a relationship with an attorney and retain him for a few RMB...get some cards and present them to the employer...

I have had to retain attorneys twice when deals between the Chinese an foreign school companies have gone south. The Chinese usually dont want to honor the deal if they think that not enough money will be made or more money can be retained by not paying the teacher and if you front up on them with a laywer..they may fold before you have to get legal on them..

Do you have a state issued contract...that is the single most important item...are the contracts stamped and signed...good luck with this

tradinup · Joined: 13 Nov 2004 Posts: 132 Location: Shenzhen, China

I agree with Roger too on this one. If this about recovering one month's salary + ticket, the numbers clearly don't work out for you considering the costs of lawyers, court fees, etc.

I wish we were all rich enough to fight these companies as a matter of principle... but we aren't.

Why not just chalk one up in the loss column and find a new employer?

americaninbeijing · Joined: 17 Nov 2004 Posts: 10 Location: beijing

Sorry to hear about your situation. I would just forget about it and find another school to work for. Save yourself the stress of getting involved in a court case.

china_sk8er · Joined: 30 Oct 2004 Posts: 166 Location: Harbin

Thanks for the replies. However, it isn't that easy to just get up and walk away from this mess. It isn't like they owe me a couple thousand RMB. They owe me 10,000 RMB for salary and my plane ticket back to Canada, which is another 5000RMB. In the contract it states that if the employer wishes to cancel the contract within the two month probationary period then the employer must pay for an air ticket to my place of next employment. My place of next employment is Toronto, Canada.

I was told yesterday that there are 3 shareholders in the company. My boss Dennis, Miss Dai, and another person. It turns out that Miss Dai took 30,000RMB, which was last months profit, and kept it for herself. This is what my boss has told me. I got a phone call today that since she owned 40 percent of the company that she was willing to cooperate and pay us 40% of the money she owes us. My boss has told us that if she pays us then he will pay the rest. I don't know about this situation now. It just seems that my boss has used us foreigners as pawns against Miss Dai.

Anyway, thanks for the input and I'll tell you how it turns out.

Cheers

Susie · Joined: 02 Jul 2003 Posts: 390 Location: PRC

Try this one:-

http://www.shenzhenparty.com/classifieds/detail.php?siteid=1465

Tell the lawyer, no money unless you win the case, then the lawyer gets a percentage of the winnings from you and takes the other side to the cleaners.

tradinup · Joined: 13 Nov 2004 Posts: 132 Location: Shenzhen, China

It's called pro bono - 40% of 10,000 is 4,000. You think its worth it to a lawyer to fly over there and represent for that?

laodeng · Joined: 07 Feb 2004 Posts: 481

No, it's called a contingency fee. Pro bono is legal work that is donated, usually for the public good. But something tells me that neither are viable concepts in China.

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

It only cost me 50RMB to consult with and get a stack of cards (Biz cards) from the lawyer and once I presented a card to my employer and told them that the next time they would have to speak with my attorney...no problem and it all worked out in my behalf...the results of that move was two months off..out of the contract early and full payment of all monies mention in the contract...find out for your self what you can do..go to the PSB and ask for litigation...check the price of the lawyers without relying on "web board legal advisors" to tell you what is what...you can always work somewhere else while you are undoing the mess...when they relize you wont go away or think you wont go away ..they pay...

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

sounds reasonable. if things get any worse and it seems that they won't pay, i would hand them a lawyers business card and let them know they're going to have to deal with the court. then see if they call your bluff. nothing to lose really....