Job Discussion Forums

[Guest]

I have a friend she is working in a Training Center and she is facing lots of problems.

The company isn't giving her any work and want to sign a new contract with lesser salary and classes. Contract is still valid for 6months. According to the contract company is supposed to give proper work.Company is threatening that if she does not agree on new terms they would cancel the old contract without any salary or penalty. In the Contract Breach of Penalty is 10,000 RMB and more. Company doesn't have any valid reason.

Her contract says she has to work 23 classes per week and if there is overtime she would be paid 23 classes per week averagely but nowhere contract says that she should work more than 23 classes per week.

The Company scheduled for 28 classes per week and which she hadn't agreed from first day.She finished the work of 23 classes according to the contract but Company deducted 1500 RMB stating that you have not done 5 EXTRA Classes work. I think that's unfair Company could have deducted money if she had worked for only 18 classes per week.


What she can do? Please give good advice.

A. Go to the PSB : I am not sure how much they can help.

B. Go to the Foreign Affairs Dept: I want to know how much control Foreign Affairs have on Company. I had heard that the Foreign Affairs can revoke the license of the schools and company if they aren't working properly.

C. Find a lawyer and Sue the Company: I think that's too time consuming and waste of money.

What would be the best way to deal?

[Voldermort]

I went through a similar problem once. I can't really give you any advice but if you search this forum for some of my older posts you may find what I did and where things went wrong.

To sum it up:

PSB - made all the problems a whole lot worse due to the company I was working with had a lot of guanxi with them

FA - I went to several offices all over the city and in another neighbouring city seeking help. I was passed from one place to another resulting in no help at all.

Lawyer - I didn't go down this road, but if your friend contacts her consulate they will put her in touch with somebody who may help.

If your friend wants some real help then send me a PM, I will put you in touch with some people who may be able to help her out of this situation.

[journeyeast]

Hi, try www.ESLschoolWatch.com AKA www.ESLschoolReview.org
have your friend register and make her post with a clear explanation then be sure to click on the arbitration and investigation buttons below.

They wont do anything until after they've spoken with your friend first and consulted with her.

Regards

[Roger]

You did not mention whether this colleague of yours is legally employed. Such situations often develop when the employee has been hired without the company going through the normal loops. This means neither the PSB nor any other authority was involved in approving your colleague's contract, hence no protection.

Enlisting ther help of a lawyer is a double-edged sword: your colleague will pay without getting automatic protection of his or her rights. The lawyer doesn't necessarily have a handle on the case as courts don't always follow the spirit of the law. They might try to push both sides for a settlement outside the court. A lawyer is extremely costly, and they may decline to accept your friend's case for fear of losing the case.

[Guest]

Voldermort: I am just curious where you were working at that time.
I think it also depends to Province to Province. In big cities maybe Foreign Affairs don�t have time but in small places normally schools get scare with the name of Foreign Affairs. That�s my personal experience.

Roger: She is legally hired She has all the documents and I guess she is a good teacher too. Even the places where she worked for few days they were happy with her work. The company doesn�t have any points against her except that she didn�t do 5 EXTRA Class, which really doesn't count.

Journey east : Thanks for the links. I would tell her to write a letter and post it.

This is last update I got.

She went to PSB and Foreign Affairs.

They do have a guangxi at PSB too but she talked to her about the problem in details and said that they would talk to the company too. PSB called the Company.

Foreign Affairs talked to her on the phone last night and Foreign Affairs spoke to the Company today in the morning by calling them to there office. When she gave call back to FAO they told her that they have told already company to follow the contract FAO said that she should wait for Company to talk to her.

She has still not spoken to the company. Company needs to pay her fully and give her work.....till what time she should wait? And whether the Company now would be crazy enough not to listen to the FAO?

PSB and Foreign Affairs both agreed that she was right but they wanted to know the other side and I guess that they did.

The contract says that she can appeal to the organization of arbitration for foreign expert affairs the State Bureau of Foreign Experts and ask for Final Arbitration. I don�t think there is any need to go to the Court when foreign expert affairs is suppose to give Final Arbitration. I am not sure
whether I am right or wrong?

But in my mind there is one question then why do people on this website and many foreigners have idea of getting a Lawyer when you can speak to Foreign Affairs.

I think possible answers could be as follows: correct me if I am wrong.

A. When the Foreign Affairs Office isn�t listening to the Foreign Teacher.
B. When the Company isn�t listening even to Foreign Affairs Office.
C. Maybe a Foreigner does not have any idea that Foreign Affairs can help.
D. Maybe Foreigner himself/herself doesn�t have Legal status of Foreign Expert.

Anything else�..

[cj750]

Final Arbitration does not have to be accepted...the company can refuse and go to court...then the procedures are so convoluted that it is unclear as to what they will consider dealing in contract law...I had the same problem and could not find any firm help by admin. bodies that were susposed to have authority...
The best thing is to look for another job while trying to sort out how much you can get....ask them for a letter breaking the contract...this can be used as a release letter...(which are still needed as I have heard)

[Roger]

Well, you said she has now bneen talking to the PSB and other authorities. The outcome is encouraging - they are listening. As was to be expected, they will want to settle things amicably. If both sides cannot agree to a compromise, the court will be your friend's last resort. Ipersonally wouldn't prod her in that direction! A court judge is paid less than a FT! You can imagine how he will feel towards your friend! Also, lawyers and judges are not terifically well qualified or professional. Their main interest is in preserving face. A foreign national enjoys no such privilege - the privilege of "having face".

[Roger]

I have before me the latest copy of CHINA BRIEFING, Dezan Shira & Associates Consultancy, March, 2005:

Dismissing Chinese employees

Termination with Notice and Compensation:

Provided a 30 day notice period is give (sic), the employer may terminate an employment contract under the following circumstances:

a. The employee is incapable of fulfilling their duties due to non-work related injury or illness and after treatment of this;

b. The employee is incapable of fulfilling (their) duties after training or being assigned to a different position.

c. No agreement can be reached on contracted modifications under circumstances that the employment contract cannot be performed due to 'change in business circumstances'.


This is an English rough translation for businesspeople, and it refers to CHINESE employees (explicitly). Still, you can see that employers have the upper hand in that they are comparatively free to modify your contract, apparently at any time, to suit their needs.

This impression is borne out by the experiences many of us have had in the past. It is best to always be accommodating as employee and not to make too much fuss about one's rights.