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I need some advice before I do something I will regret.
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tarajane



Joined: 30 May 2005
Posts: 16

PostPosted: Mon Mar 13, 2006 6:20 am    Post subject: I need some advice before I do something I will regret. Reply with quote

Hello,

I need a bit of advice.

I want to leave my job. I have a business visa valid until October 06 obtained by my boss. My job was misrepresented (I was lied to) when I signed the contract (which is sometimes ambiguous and I was told it was a standard copy and everything did not apply to me - I took this on good faith). I am constantly lied to and have had enough (along with lacking a co-worker so I have to do their work as well as my own) - I have not talked to another native English speaker in 2 months. I am absolutely sick to death of my boss blatantly lying to me with a smile on his face and forcing me to do things that are unfair. In my contract it states I can break it if I pay my boss US$500, however, I do NOT want to do this as I feel he is deeply in the wrong even thought the lying SOB thinks he is the most gracious, hard-done by person in the whole wide world.

Has anyone been in this situation before?

If I leave the job without paying him, what can he do to me?

If I leave the job but remain in China (I want to travel for 1 month before I leave since that is why I originally came to China and will not let my fat-toad-of-a-boss stop me) can he find me and do anything to me? On the same visa? Or could I go to HK and get a tourist visa (without difficulty?)then travel without any possibility he could do anything to me?

Will this affect any future travel in China?

I thought I had all the questions and answers when I signed the contract. I did not and now I am stuck. PEOPLE IN CHINA LIE.

BEWARE.

Thank you for your help.

Tara Hansard
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Malsol



Joined: 06 Mar 2006
Posts: 1976
Location: Lanzhou

PostPosted: Mon Mar 13, 2006 6:29 am    Post subject: Typical Reply with quote

Laughing

Last edited by Malsol on Mon Feb 05, 2007 4:40 pm; edited 1 time in total
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W.V. Orman



Joined: 05 Jul 2005
Posts: 69

PostPosted: Mon Mar 13, 2006 7:19 am    Post subject: Reply with quote

Malsol, you know a lot about China and Dave's for a newby.
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kev7161



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

PostPosted: Mon Mar 13, 2006 8:28 am    Post subject: Reply with quote

To the OP:

I can only assume you are teaching(?) until the end of June, unless your contract binds you over the summer and then ends next October(?? - - - when your visa expires - - and, wait a minute, are you working on a business visa instead of having a FEC and a Residence Permit?).

Let's see, it's only 6 weeks until the May holiday. Many schools give you a week or more for time off - - gives you an opportunity to do a little traveling (of course, traveling during a Chinese holiday is sheer HELL!). Then about 6 to 7 weeks after that until the end of most school terms. That's really not very long now.

I understand that some schools can be just HORRIBLE, but you are really not giving us enough specifics for us to offer advice. Specifics such as: not being paid on time (or never being paid) or not being paid your contracted amount or working (many?) more hours than contracted and not being paid for the extra work or being put up in a really, really suck-y apartment and not having furniture or other contractual amenities or . . . ____________________ (fill in the blank).

Not knowing the details, I say ride it out until the school year's over. Then you won't have to worry about legal hassles.
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Midlothian Mapleheart



Joined: 26 May 2005
Posts: 623
Location: Elsewhere

PostPosted: Mon Mar 13, 2006 11:11 am    Post subject: Reply with quote

Edited to remove offensive content.

Middy


Last edited by Midlothian Mapleheart on Mon May 29, 2006 5:53 am; edited 1 time in total
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Spiderman Too



Joined: 15 Aug 2004
Posts: 732
Location: Caught in my own web

PostPosted: Mon Mar 13, 2006 11:31 am    Post subject: Reply with quote

Quote:
I have a business visa valid until October 06 obtained by my boss.
Quote:
I have not talked to another native English speaker in 2 months

Tarajane you need to clarify for the forum members whether you have an 'F' (business visa) and no Foreign Experts Certificate, or a Foreign Residence Permit and and F.E.C.

IF you boss obtained a 6 month 'F' visa for you on March 6, well according to some forum members it is possible that your boss registered your contract with SAFEA (apparently they won't give 'Z' visas / F.R.P.s for periods of less than 1 year), meaning your contract is legally binding.

BUT, you say you haven't spoken to another native English speaker in 2 months and that would mean that you have been in your job since at least mid January. It is not possible to get a 9 month 'F' visa. If your boss got you a 12 month 'F' visa back in October 2005 then you are most definitely NOT 'legal', and your contract is not legally binding.
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Sinobear



Joined: 24 Aug 2004
Posts: 1269
Location: Purgatory

PostPosted: Mon Mar 13, 2006 11:58 am    Post subject: Reply with quote

Where are you, Tarajane? Don't worry...with an F visa, your "boss" has no (legal) hold on you whatsoever.

PM me if you need help/advice (I would openly offer my help/advice, but the bottom-feeders love to pick that kind of post apart piece by piece).




Cheers!
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bendan



Joined: 18 Jun 2004
Posts: 739
Location: North China

PostPosted: Mon Mar 13, 2006 12:43 pm    Post subject: Reply with quote

I agree with Sinobear. You are working on a business visa, so he can't do anything (legal) if you walk away. Of course, if you are out in the woods, he might have some influence with the local PSB, but if you are travelling away from there, just go. The visa issue alone is reason enough to walk out, unless you specifically asked to work on an F visa. Like Middy suggested, though, don't tell a soul you are leaving.
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latefordinner



Joined: 19 Aug 2003
Posts: 973

PostPosted: Mon Mar 13, 2006 1:58 pm    Post subject: Reply with quote

Wow, is there a form letter out there for generic pleas for help from newbie teachers? In 3 years on Dave's, this comes as close as anything I've read. As others, I'd like to reserve judgement until more details are shared. I realise though that posting too much information may not be a good idea at the moment. Take the occaision to PM some of the more sympathetic posters and weigh their advice carefully.

Middy, sage adivice. As usual.

Bendan and Sinobear point out that if (and I suspect the same) your boss has obtained an F visa because he can't or won't get the proper (Z) visa, then the contract isn't binding on either partner. I've gone through this before; a boss promises to get the correct visa, but hems and haws and delays and you get nothing. At the end, the boss withholds your salary and/or airfare and there's not a thing you can do about it, because you were working on an F. So long sucker, have a nice walk home. Don't go away mad, just go away.

Good news is, not all bosses in China are like this. Bad news is that enough are, it's wise to act as if they all do until they've earned your trust. The race is not always to the swift nor the battle to the strong, but it pays to bet that way.

IF you decide to bolt, May holiday is a good time. Should someone ask your plans, just say you're on a short trip to visit your school chum who's teaching in Xi'an / Beijing / Shanghai / wherever, you'll be back before school starts again. Book your ticket, quietly pack and get out at night. That's why it's called the midnight run. Too easy to believe, which is why honest employers (yes, there are a few about) are so distrustful of FTs, and have to be convinced that some of us are willing to stay and do a job if we're treated honestly. No, if you leave the province, nobody will follow you, you won't be hunted down by relentless ghosts from a past worthy of Poe. The PSB have better things to do than that.

Personally I wouldn't. I've always chosen Middy's first option, after trying the third. I was only tempted to do the runner once, and I sort of regret not running. Sort of, but my reason for not running was that I just hate to descend to that level. So I stuck it out and lost a half year of my life and a wad of money, but salved my pride with the thought that I'm an honourable and professional person. ("The night of the flight, you may feel a slight pinch. That's pride phuchking with you. You fly through that stuff. Remember, pride only hurts. It never helps". From the movie Pulp Fiction. Your mileage may vary.)
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7969



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

PostPosted: Mon Mar 13, 2006 3:35 pm    Post subject: Reply with quote

Quote:
Book your ticket, quietly pack and get out at night. That's why it's called the midnight run.

quite often its just a leisurely mid-afternoon taxi ride to the airport Very Happy
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Roger



Joined: 19 Jan 2003
Posts: 9138

PostPosted: Mon Mar 13, 2006 4:16 pm    Post subject: Reply with quote

There was a remarkably accurate analysis by one poster; he dwelt on the legality or otherwise of your 'F' visa; succinctly he derived that you must have been here several months that, added to the months your visa is still valid, makes it clear that your situation is illegitimate.

However, the final answer depends on your reply to this question: where did you obtain that visa? Did your boss aplly for it or did you travel outside the mainland to buy it?

If I understand your post well you do not at this moment intend to find another TEFL position; instead you want to tour China.

It is relatively safe to say your employer cannot go after you once you have quit your job and left town. The reach of any PSB is quite confined to the jurisdiction in which they are nominally responsible for the upkeep of public safety.

You won't need to worry about a Wanted poster going up anywhere, or the Immigration stopping you at the border.

But you cannot for some time apply for a new job in China.
Enjoy your travelling and be more careful next time when accepting a job offer!
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tofuman



Joined: 02 Jul 2004
Posts: 937

PostPosted: Mon Mar 13, 2006 6:22 pm    Post subject: Reply with quote

Sounds to me as if Tara is a young woman alone in China without people resources to help her. Anyone in a position like that needs to be careful.

She should have a talk with her boss, but I would approach it simply as a talk. If she doesn't like what she hears, then she should consider leaving. Usually however, depending on the situation, it is better to persevere. If you, Tara, are legally working here, you do have some obligation by virtue of the contract. On the other hand, if you are completely illegal and your boss is simply a criminal/ gangster type scamming people with a "language school" you should leave. If he is indisputably violating the contract, leave; but don't lie about what you are planning or make threats. "Play your cards close to your chest."

While violence against FTs is uncommon, it is certainly not an impossibility. A single girl without a social network needs to be careful.
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7969



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

PostPosted: Tue Mar 14, 2006 1:17 am    Post subject: ...... Reply with quote

Quote:
But you cannot for some time apply for a new job in China.

is this carved in stone somewhere? i hesitate to think so. i quit one job in april 05 (and it was a leisurely taxi ride to the airport in mid-afternoon, after i warned the school i was going, four days in advance of actually going) and i began another job in china in october 06. no problems at all. in fact, i think i could have begun working at another school in may 05 had i been inclined to look for one.

if the above quote is true, then what is the timeline for starting a new job?

7969
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tarajane



Joined: 30 May 2005
Posts: 16

PostPosted: Tue Mar 14, 2006 4:09 am    Post subject: I'm replying to the posts wanting more info... Reply with quote

sorry again

Last edited by tarajane on Tue Mar 14, 2006 4:42 am; edited 1 time in total
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tarajane



Joined: 30 May 2005
Posts: 16

PostPosted: Tue Mar 14, 2006 4:14 am    Post subject: I'm replying to the posts wanting more info... Reply with quote

my internet page kept saying that it could not connect to the database so i kept clicking on the submit button, sorry.

Last edited by tarajane on Tue Mar 14, 2006 4:40 am; edited 1 time in total
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