Job Discussion Forums

Justateacher · Joined: 29 Aug 2005 Posts: 24

I signed a contract which says I would work for16 hours. On my first day of my job I was told that I would have to work from 9 to 5 (16 hours teaching and the rest in the office). My boss won�t let me teach or won�t give me my schedule until I agree to work the 9 to 5chedule.

He says I have to reimburse him for the visa and airfare he provided. Is this right I will have to pay back this money when he is changing the contract by as much as 100% increase in hours worked.

He says he will have me deported and bring me to court. Am I entitled to the 10 working days' salary that have gone by on my contract and there has been no classes to teach for anyone (but which I refused to stay in the office). I don't want the police after me or being deported.

What would you do in my case?

goose · Joined: 27 Jul 2005 Posts: 32

Does the contract say that you'll teach 16 lessons a week but then the rest of the time there are office hours? If not then I would start looking for another job and then tell your current job where to go! You said that your boss will not let you work until you accept his 9 to 5 schedule. Simple, don't accept and look for another job while you are not working. The contracts are not really that binding. Look at so many teachers doing runners or schools screwing their teachers over. The contract is more like a guide. So don't be to concerned if your boss threatens you with stuff like deportation! Though they can cancel your visa, then it'd be up to you to get a new visa.

Don McChesney · Joined: 25 Jun 2005 Posts: 656

If your contract says you work 16 hours a week, and no mention of 'office time', then your boss is in breach of his own contract.
You can tell him that by not offering work, he is also in breach of the contract, and you can take action.
Contact your Foreign & Overseas Chinese Affairs Office, the people who issued the authority for you to get a Z visa or what ever, they have the 'clout' to deal with this thing. Let the boss know you mean business. It stops further troubles, if you remain.

stil · Joined: 23 Jun 2003 Posts: 259 Location: Hunan

If he is not asking you to change your contract, another option is to agree and not do it. You might be suprised as to how often this works. Sometimes it's just about face.

Do you have other FT in your school, in your city? Do you have your Z visa? What province are you in.

You can also write a letter to your embassy, the education bureau and the local PSB outlining your problem. Give a copy to your boss and tell him if he doesn't follow the original contract you will hand these in. This is a little aggresive but you might see some serious back-peddling on his behalf.

You do not have to reimburse him and yes you are entitled to your pay as long as you are paid salary and not by the hour.

I'm a little surprised that you had your air fare paid up front.

virago · Posted: Tue Aug 30, 2005 12:43 am Post subject:

Tell him that he requested you to work 16 hours not 40 hrs a week and that is in the contract.

If he doesn't accept the current contract that you will be happy to renegotiate a higher salary.

If he does not accept it then he is free to release you from the contract to find other employement. If he does that you would be happy to return the visa and flight money.

You are also entitled to the money from the first day of the contract so the 10 days should be available to you.

He is just threatening you as he has more power than you. Get it more even. Don't worry about being deported. If the PSB finds out and you explain it to them they will know the situation, they are very reasonable.

As Don pointed out you can always go to the Foreign Experts Buerau for clarification and put more power back on your side.

Good luck.

Roger · Joined: 19 Jan 2003 Posts: 9138

You are mistaken in one point: your boss has the right to confine you to an office during office hours. THis happens more often than is generally known. It is especially private training centres that resort to this kind of control over you so that you cannot freelance ("moonlight"). I am not taking sides with the employer in this particular case, but you must know the facts!

I believe, your situation is not rosy and I wouldn't put any faith in settling the matter amicably! You owe your boss nothing, least of all the costs for your visa. If he wants that money then he will take it from you whether he has the right or not. How can you prove him wrong?

Do you have a resident permit sticker in your passport?

If you only have a business visa and a green resident's permit then I guess you have little hope because the PSB have sanctioned the contract you signed with your boss. Seek redress? NOt from the PSB. You won't get any help.

Of course, I am painting the most black scenario -because quite often this does eventuate. From the worst scenario you can now imagine milder forms: maybe you will not have to pay back your visa and medical exam costs; maybe he will or will not pay airfare; maybe or maybe not he will pay you every month; maybe or maybe not he will add to your workload.

I was in a similar situation many years before: my first interveiwer was the wife of my boss, and she agreed to terms that her husband changed later. I said I am willing to work 12 hours a week for 3000 a month (that was before the new century started).
I arrived with all my luggage, was warmly received by the true boss of that training centre, then he dropped the bomb: "when are you going to come to office tomorrow?"
It transpired he wanted to plan twelve daily hours around his office hours... yes, he thought I was going to put in 72 weekly hours, 288 hours a month (or more) in exchange for 3000 a month.

We had to compromise: 6 hours a day, some lessons, some office time; the office hours were idle time I could read newspapers or books (but who likes doing that under constantly watchful eyes?).
Eventually, my office hours were cancelled and my salary remained the same. I did work 12 hours a week, and not a stroke more.

Justateacher · Joined: 29 Aug 2005 Posts: 24

New Information:

My employer hired me as a foreign worker and a foreign expert. It seems that they are approved to hire foreign experts.

The Bureau of Education said I should go to the Foreign Expert Burean in
Shanghai and lodge a complaint.

I have also asked for arbritration by the Labor Department.

Does any one any information about these procedures?

Thanks all.

Babala · Joined: 28 Jan 2005 Posts: 1303 Location: Henan

Have you sat down with your boss and discussed the matter? Before going through all these procedures, I would really attempt to settle things at the school level. It's sad to say but getting all these agencies involved will lead to a very hostile work environment.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

Can you quote us the appropriate section of your contract that talks about how many hours you are to work/teach? If your contract states anything like "contact" hours, that is different than teaching periods (in other words, I had written in my last contract that I had to teach "up to" 18 periods per week. Each period was only 45 minutes per).

If there is no statement about office hours or a "9 to 5" work schedule, then you should not be held accountable for this. You may actually need to perform some office hours just for simple lesson prep and grading papers and tests. But you should be able to do these when they suit you, in my opinion.

Keep us posted on what's going on.

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

Last year, my boss ran to Shanghai without paying salaries for the FTs or CTs in Sichuan. Me and another FT went to Shanghai and tracked him down. We then went to the labour department and told them everything that happened. We showed them all the evidence that we took from the school in Sichuan.

Anyway, the labour department got a hold of our boss and got him to pay the salaries that were owed to us. When I mentioned my problem to everybody on the board, they all pretty much told me to leave it alone and don't bother. Well, we decided to go after him and he got what was coming to him.

http://www.eslcafe.com/forums/job/viewtopic.php?t=17462

Hope your boss gets what's comin' to him.

Cheers

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

You should be careful because your don't understand Chinese law. It may require an employee to work office hours even if the contract only stipulates 16 teaching hours.

The fact that you haven't done any work for 10 days puts you in breach of your contract, and you may have to compensate your boss, (I know you say the boss is withholding your schedule, but he could lie and deny it and facts are facts - you haven't taught any lessons).

The English version of your contract and the Chinese version may not be the same. In China they'll probably look at the Chinese version.

Contact a lawyer:

http://www.shenzhenparty.com/classifieds/detail.php?siteid=3621

You really should have diplomatically negotiated the problem before it became this bad.

You should go talk to your boss, tell him you'll do the 9-5 if he agrees to pay RMBxx for that extra work. Get it in writing (English and Chinese).

Another alternative is to find a new job.

What is the name of the school and where is it?

Volodiya · Posted: Sat Sep 03, 2005 1:52 am Post subject:

Roger wrote:

drakis · Joined: 15 May 2004 Posts: 19

Roger · Joined: 19 Jan 2003 Posts: 9138

Justateacher,
you will need DIPLOMATIC SKILLSto get yourself out of this mess. Don't hire any lawyer - they cost you, and their service will by no means come with a guarantee of success!

If your situation is LEGAL (i.e. you have the right visa or a resident's permitstickert in your passport, a contract signed and stamped,then you must abide by your contract; if your employer fails to live up to it only negotiation can do the trick. Youcan go to the Education Bureau but in my own experience they have little power and certainly no right to order your boss to do your bidding.
Sounds harsh, I know; fact is we are not too well protected (although we enjoy more bnefits and protection than most Chinese do).

I repeat: your boss should not deduct his outlays for your visa and the medical exam from your income; if he does he should have a relevant clause in your contract.
If he has changed his mind about your rights in the meantime it bodes ill for you. The same might happen at the end of your tenure when it's time to hand over to you your plane ticket and holidaytravel allowance.

bearcanada · Joined: 04 Sep 2005 Posts: 312 Location: Calgary, Canada

Dear JustaTeacher;

You seem to be receiving a combination of advice (good and bad) and opinion (informed and otherwise) that will only serve to confuse you.

You must read your contract in its entirety, to determine your options under it. Most contracts make some mention of options for breach by both the school and the teacher; you must see if yours does.

It is not true, as I believe Roger said, that you must still abide by the contract if the school breaches it first. Chances are the contract could be voided from this. It's dangerous and not responsible for people to offer you advice on your contract without having legal contract experience.

From your description of events with your boss, my reading is that he may be on shaky ground and trying to intimidate you into giving everything up just from fear.

If you can get your contract scanned and email it to me, I'll have a look at it for you (free) and see if I can help.

You might want to refer to this page on my website. It may help you:
http://www.bearcanada.com/esl/scam.html

My Best Wishes,