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mount real



Joined: 07 Apr 2005
Posts: 17

PostPosted: Wed Aug 09, 2006 12:45 am    Post subject: This is a first Reply with quote

So I'm in contact with a school in Canton and they mention "we don't offer a binding contract, rather we operate like a regular American company."

I've never seen an offer like this before. Pardon my newbieness, but does this scream scam?
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frank d



Joined: 07 Dec 2005
Posts: 155

PostPosted: Wed Aug 09, 2006 1:12 am    Post subject: Reply with quote

Of course, I can't possibly reach into the minds of the folks at Canton, but perhaps what they are saying is that the contract between you and them states the agreements and conditions between Party A and Party B as long as you are working there, but with reasonable notice (likely outlined in the contract) you can terminate prior to the end of the contract, without having to claim breach of contract. But if I am correct about my theory, they are also entitled to the same freedom and flexibility to say "So long!" to you, without having to prove breach of contract.

Yes, we always have to beware of traps, scams, etc., but that statement doesn't necessarily send up any "red flags" to me, but make sure you get crystal-clear clarification about that matter (plus any and all vague entries in the contract).

Best wishes...
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HunanForeignGuy



Joined: 05 Jan 2006
Posts: 989
Location: Shanghai, PRC

PostPosted: Wed Aug 09, 2006 2:07 am    Post subject: Canton? Reply with quote

Where is Canton? I know of a Canton, Ohio.

Is the OP talking about GuangZhou?
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Wed Aug 09, 2006 2:11 am    Post subject: Re: Canton? Reply with quote

HunanForeignGuy wrote:
Where is Canton? I know of a Canton, Ohio.

Is the OP talking about GuangZhou?


Canton = Guangdong 广东
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mount real



Joined: 07 Apr 2005
Posts: 17

PostPosted: Wed Aug 09, 2006 2:12 am    Post subject: Reply with quote

Yes.
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Gene Debs



Joined: 05 Feb 2006
Posts: 2

PostPosted: Wed Aug 09, 2006 3:28 am    Post subject: Reply with quote

Maybe they mean "at will" employment instead of contract employment.
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no_exit



Joined: 12 Oct 2004
Posts: 565
Location: Kunming

PostPosted: Wed Aug 09, 2006 5:52 am    Post subject: Reply with quote

frank d wrote:
Of course, I can't possibly reach into the minds of the folks at Canton, but perhaps what they are saying is that the contract between you and them states the agreements and conditions between Party A and Party B as long as you are working there, but with reasonable notice (likely outlined in the contract) you can terminate prior to the end of the contract, without having to claim breach of contract. But if I am correct about my theory, they are also entitled to the same freedom and flexibility to say "So long!" to you, without having to prove breach of contract.

Yes, we always have to beware of traps, scams, etc., but that statement doesn't necessarily send up any "red flags" to me, but make sure you get crystal-clear clarification about that matter (plus any and all vague entries in the contract).

Best wishes...


I agree. Just find out what exactly they mean by this. Is it part time work? Are they paying by the hour? Do they offer any kind of job security in the absence of a contract, or is it as frank says, they can give you the boot at anytime, and you are also free to walk? As it is it seems fairly vague, but not necessarily sketchy. I do wonder how they'll provide you with a residence permit etc. if you're not on contract, as usually a copy of the contract is required to get your documentation.
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frank d



Joined: 07 Dec 2005
Posts: 155

PostPosted: Wed Aug 09, 2006 6:52 am    Post subject: Reply with quote

YES! YES! YES!

no_exit raises perhaps the MOST important point: the question of your residence permit, Z visa, etc. Having all the proper legal documents is crucial to your ability to live and work in China without some serious trouble or aggravation with police or visa officials down the road.

I prefer working without a contract if possible, but it's not easy to achieve in the beginning of your time here (I had to build a reputation and trust, first) and can be problematic when applying for the necessary residence and employment documents.

Thanks, no_exit for bringing this issue to our attention!
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