View previous topic :: View next topic |
Author |
Message |
nappyni
Joined: 12 Jul 2005 Posts: 9
|
Posted: Mon Dec 26, 2005 5:01 am Post subject: Quitting my esl job |
|
|
Hi Everyone,
I'm teaching in Xia'n and I have a very bad contract (I didn't realize it until I got here) and I have had problems getting my boss to even give me what was promised in the contract. Now, I work 6 days a week while everyone else at my job works 5 days. I tried to work things out diplomatically with talks, I already said I need 2 days off and it's not fair that I do not get this. this has not worked. In my contract it says that if I break the contract with unacceptable reason I have to pay 4000rmb. however the contract doesn't say what is acceptable reason and of course the boss will probably decided what's acceptable. does anyone have any advice on how I can get out of this without paying. do you know any lawyers i can talk to or where I can get good advice? Thank you in advance. |
|
Back to top |
|
 |
vikdk
Joined: 25 Jun 2003 Posts: 1676
|
Posted: Mon Dec 26, 2005 5:18 am Post subject: |
|
|
to be able answer we need to know
1. contract details with respect to hours agreed
2. what type of visa are you working on
finding out if you have agreed in advance to do those hours, or if you are working on a legal or illegal contract is very important |
|
Back to top |
|
 |
clark.w.griswald
Joined: 06 Dec 2004 Posts: 2056
|
Posted: Mon Dec 26, 2005 11:42 am Post subject: Re: Quitting my esl job |
|
|
nappyni wrote: |
In my contract it says that if I break the contract with unacceptable reason I have to pay 4000rmb. however the contract doesn't say what is acceptable reason and of course the boss will probably decided what's acceptable. |
Let me answer your question with a question.
If your boss agreed in the contract to pay you RMB4,000 per month, but after everyone agreeing to and signing the contract he found out that teachers down the road were only get paid RMB3,000 per month. Would you consider it acceptable for him to attempt to renegotiate your wage mid-contract or worse still fire you without notice and without penalty?
I am sure that you can see my point.
If you agreed to those terms then you are legally bound by them, and in my opinion you are also morally bound by them. If you decide after signing a contract that it is inconvenient for you to work there any longer for any reason (other than legal complications or serious breach by your employer) then you should accept that you may need to pay a penalty to the non-breach party. If this penalty was stated in your contract and you agreed to it then it becomes even more clear that a penalty is payable if you do decide to leave.
nappyni wrote: |
does anyone have any advice on how I can get out of this without paying. do you know any lawyers i can talk to or where I can get good advice? Thank you in advance. |
How do you think a lawyer could help you? You signed a legal agreement that was mutually beneficial to both parties - you got a job that you get paid for, and that business got a teacher.
You have the right at any time to leave your job in China but you do need to abide by relevant laws and the terms of your contract when you do this. If you agreed to pay a penalty for breach then I am sure that any legitimate lawyer would advise you to pay it.
My advice would be to come to an arrangement with the school whereby you stay on to a certain date to enable them to find another teacher before you leave, or to help them find a teacher yourself - on the understanding (written) that they will lessen or forget about the penalty.
What I would like to make very clear is that if the school is under no obligation to forget about the penalty if that is what you agreed to and I therefore hope that you will do the right thing by the school, yourself, and other foreign teachers, as your actions may have implications for other foreign teachers at that school. |
|
Back to top |
|
 |
vikdk
Joined: 25 Jun 2003 Posts: 1676
|
Posted: Mon Dec 26, 2005 12:36 pm Post subject: |
|
|
don't do anything before you have told us what visa you are working on |
|
Back to top |
|
 |
Roger
Joined: 19 Jan 2003 Posts: 9138
|
Posted: Mon Dec 26, 2005 1:29 pm Post subject: |
|
|
It would be premature to dish out advice at this stage; your employer might be perfectly in his right to demand your presence on those days you object to - you haven't said how many contact hours you agreed to in your contract!
Besides, you also should clarify what kind of employer you have; I have the distinct impression yours is a language mill; if this is true then they have every right to spread your working hours over the entire week unless they formally agreed to letting you orff one day a week...
Please, do clarify your situation! Public schools are not quite that bad; training centres are, however, run according to market whims. |
|
Back to top |
|
 |
andyscott84
Joined: 02 Nov 2005 Posts: 115
|
Posted: Tue Dec 27, 2005 3:48 am Post subject: |
|
|
Once that pen hits the paper there really is no turning back. If you agreed to only work 5 days a week and they're making you do six then it is a problem. If not, you have to live with your decision. but, feel free to come back and give more details. |
|
Back to top |
|
 |
nappyni
Joined: 12 Jul 2005 Posts: 9
|
Posted: Tue Dec 27, 2005 6:13 am Post subject: |
|
|
Thank you everyone for your replies. I work at a private English school and I work about 30 hours a week, I am not doing overtime. My visa is a residence permit and it say its for the reason of employment. I do want to leave on the best terms possible and I am trying to work that out right now. For the sake of the students, I don't want to leave them stranded, however my first obligation is to myself. I know my problem is very common, and I have even heard worse stories. I think it's a shame that many employers try to take advantage of their workers. Someone should start a foreign english teacher advocacy group. |
|
Back to top |
|
 |
nappyni
Joined: 12 Jul 2005 Posts: 9
|
Posted: Tue Dec 27, 2005 6:13 am Post subject: |
|
|
Thank you everyone for your replies. I work at a private English school and I work about 30 hours a week, I am not doing overtime. My visa is a residence permit and it say its for the reason of employment. I do want to leave on the best terms possible and I am trying to work that out right now. For the sake of the students, I don't want to leave them stranded, however my first obligation is to myself. I know my problem is very common, and I have even heard worse stories. I think it's a shame that many employers try to take advantage of their workers. Someone should start a foreign english teacher advocacy group. |
|
Back to top |
|
 |
Super Mario
Joined: 27 May 2005 Posts: 1022 Location: Australia, previously China
|
Posted: Tue Dec 27, 2005 7:29 am Post subject: |
|
|
Quote: |
Someone should start a foreign english teacher advocacy group.
|
Are you volunteering for the world's most pointless job?
Chinese teachers have been murdered for agitating for months of unpaid salary. [Hunan, 2002]. |
|
Back to top |
|
 |
pc-pocket
Joined: 05 Nov 2005 Posts: 218
|
Posted: Tue Dec 27, 2005 7:41 am Post subject: Re: Quitting my esl job |
|
|
nappyni wrote: |
Hi Everyone,
I'm teaching in Xia'n and I have a very bad contract (I didn't realize it until I got here) and I have had problems getting my boss to even give me what was promised in the contract. Now, I work 6 days a week while everyone else at my job works 5 days. I tried to work things out diplomatically with talks, I already said I need 2 days off and it's not fair that I do not get this. this has not worked. In my contract it says that if I break the contract with unacceptable reason I have to pay 4000rmb. however the contract doesn't say what is acceptable reason and of course the boss will probably decided what's acceptable. does anyone have any advice on how I can get out of this without paying. do you know any lawyers i can talk to or where I can get good advice? Thank you in advance. |
China law is very clear, a minimum of one day and half off is mandatory. Westerners get 2 days... you DO NOT need a lawyer, just walk away without trumpet and parade... and get yourself another J.O.B.
Do they owe you money?
Do you have all your papers with you?
Find another J.O.B., [my best bet in another province...]
More you acted shi, sorry, and apologizing, the more they took advantage of you.
A "NO" goes a long way in China, same when bargaining and walking away�
Schools have no authority over you what so ever. If they do not (did not) fulfill their contract� It is your PLAIN right to cancel it, no need to tell them, just move on.
All the stories and rumors about schools canceling your VISA are fairytales, unless the subject destroyed his apartment, fought with someone, abused students ...
There are few cases about schools bribing emigration officials, as retaliation against teachers, those are isolated incidents. |
|
Back to top |
|
 |
yamahuh
Joined: 23 Apr 2004 Posts: 1033 Location: Karaoke Hell
|
Posted: Tue Dec 27, 2005 8:21 am Post subject: |
|
|
nappyni wrote: |
Thank you everyone for your replies. I work at a private English school and I work about 30 hours a week, I am not doing overtime. |
I'm not trying to start a flame war here or kick you while you're down but 30 hours for 4000 RMB?
At a private language school?
Your boss is hosing you; unfortunately if you agreed to those terms then he's not out of line demanding that you work them unless he also specified that you would be given 2 days off per week.
Best of luck. |
|
Back to top |
|
 |
vikdk
Joined: 25 Jun 2003 Posts: 1676
|
Posted: Tue Dec 27, 2005 9:33 am Post subject: |
|
|
If your in a legal job - the only way of getting out of it seems to be a "Steve McQueen" - those hours and wages would probally drive the sternest of FT's in that direction. Bad boss on top of that so it's FT purgatory - at best being seen as a job where you learn a big lesson!
Anyone thinking of working here take heed of this experience (even if it is only heresay)
1. remember anything over 20 contact hours a week is difficult - what with preperation time plus in many cases travelling time just think 20 hours can soon add up to over 30 plus. For new teachers my advice is don't go over 20.
2. time off is essential to sanity here - when your boss tells you time off is the hours between lessons and single days here and there - well beleive me this is not top quality free time 'cause your day is till governed by your work. Go for jobs with free weekends and evenings - so you can wind down.
3. if you agree to low wages - regardless of your attitude to money - unless you are working with the very needed, you will eventually start to feel ripped off. There is nothing worse than going to the local FT bar and finding out that other FT's are earning twice as much, and that your boss has just bought himself a new merc! You bargain for wages here and 100/hour is quite easy to come by in private schools in the cities. By accepting low wages you are also ripping off other FT's |
|
Back to top |
|
 |
erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
|
Posted: Tue Dec 27, 2005 10:20 am Post subject: |
|
|
What's the name of the school?
I am teaching thirty lessons a week and think what I am getting a pittance at 6000 a month for that much work 5.5 days a week.
But to tell you the truth - I get that even if I only work 2 or 3 weeks out of the month - and I often get a week off here and there - so in fact, it's not really that bad I guess.
But anyway I got a new job starting next semester so it doesn't matter.
I would suggest that you carefully go through the contract and underline anything that you think they didn't live up to and use it as an excuse to get the hell out of there.
If you can find nothing - well dam.
And in the future, try to make sure that you work out your average hourly rate. Something like salary / 4 / number of lessons = >50RMB Cos 4000 / 4 = 1000 / 30 = 33.3 That's REALLY LOW!!!
But before doing any of that - make a post called "Name of school = low pay" so everyone around here knows to stay away!
ps - We are the foreign English teacher advocacy group baby!!!
pps � if you do leave but like working 6 days a week and 30 lessons then, like I said, I am leaving my current job!
Cheers everyone.
 |
|
Back to top |
|
 |
vikdk
Joined: 25 Jun 2003 Posts: 1676
|
Posted: Tue Dec 27, 2005 11:06 am Post subject: |
|
|
If we are the closest you get to an FT advocacy group, shouldn't we discuss some kind of recommendations the majority of us think are sensible for anybody starting this game?
How does the following sound - 20 contact hour max, 2 consecutive days/week free, no more than 10 traveling hours/week and 75/hour in a school or college selling yours lessons privately (remember state institutions often use us for extra revenue by making our lessons pay classes) - I think this is a goable target.
I would prefer to recommend 100/hour but feel that it's difficult to get when applying outside China, but urge all new applicants to ask for this rate when negotiating a wage - and to remember wage negotiation is a bargaining process even when done over the internet.
The accom, flight and insurance stuff also should be part of the newbie package |
|
Back to top |
|
 |
tw
Joined: 04 Jun 2005 Posts: 3898
|
Posted: Tue Dec 27, 2005 1:41 pm Post subject: Re: Quitting my esl job |
|
|
pc-pocket wrote: |
China law is very clear, a minimum of one day and half off is mandatory. Westerners get 2 days... |
Really? I worked 7 days a week in Qingdao two years ago for about 4 months, and 6 days a week for a full term in Dalian. Is there a web site you can give us regarding this part of the Chinese labour law? |
|
Back to top |
|
 |
|