Job Discussion Forums

koba · Joined: 26 Sep 2006 Posts: 7

Hi all,

I recently been given a strong possiblity in obtaining a job (non-teaching related) in Guangzhou or Shenzhen. I'm currently in Tianjin and employed at a school. The problem is, I'm stuck at this job in Tianjin with a 1 year contract that ends next summer. I really don't want to give up the job in GZ or SZ because it's an opportunity of a lifetime.

Can someone please tell me if it's OK to just drop the contract with the school and just start the job? I've heard something about a letter from the school that needs to be obtained before leaving. I've been told that you need this letter. I've also been told that under the new laws last year I really don't need that letter anymore. What is this letter? What is it for? Is it needed for some provinces and not others?

As far as I know, if I switch to this job I wouldn't be under the Ministry of Education anymore and I'd be under some other branch.

Has anyone had a similar experience or know about the laws regarding a switch? Thanks in advance for any info you can provide.

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

If applying for a FEC..then a letter is likely needed..but if the new job entails working under a "Foreign Workers Permit" then the letter is not needed...check with you future employer and see what kind of working permission you will receive...

Steppenwolf · Joined: 30 Jul 2006 Posts: 1769

If it is a "once-in-alifetime" opportunity you have every reason to go about accepting your new job in a legal and legitimate manner!

That is you will brave the music that will be directed at you from your current employer, pay the penalty and then get a release letter.

This you will need to get your new situation legally in Guangzhou.

You must be prepared to pay that penalty or else, forfeit your chance! Better still - try to secure for your present employer a suitable replacement candidate!

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

I agree (I sure am agreeable today!) - - go to your current supervisor with penalty fee in hand, tell them about this new job, and tender your resignation. Surely you can give them a 2-3 week notice so they can assign other current FTs to your classes or look for another to replace you, yes?

WordUp · Joined: 05 Jan 2006 Posts: 131

Sorry, but I really feel this is a no brainer.. Anyone who is seeking advice to overcome a moral and legal imperitive because they found a patch of grass is greener elsewhere is a person who deserves to be abused.

Pay the breach fees illustrated in your contract and give adequate notice.. It would be a different tune if the school had found a teacher of its "Dreams" and abandoned its contract for the new "McDreamy"..

People complain about schools breaking contracts all the time and the horrorshow of the misunderstandings of Chinese mentality and reasoning, but this OP embellishes everything bad about what stirs most of the anger in this group about the Chinese breaking contracts..

You're not getting a pass from me..

PS> You need a letter of release to obtain the new residence permit..

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

WordUp · Joined: 05 Jan 2006 Posts: 131

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

While i would always offer the suggestion that the right way is the best way..I am not sure as to what conditions are contained in this persons employment..and not knowing ..I would advocate careful extraction from a working situation..as well as paying attention to the normal expectations of the work cultural that is prevalent in china...if the contract contains a way out..then he should try and use it..but there must be a decision made by the op as to the reaction of his employer..and if a lawful way of extraction is incl. ....it may or may not be exercised by the employer/employee......my advice therefore is to be careful..and it is advice and not a recommendation or an endorsement...as I agree with your notion.

Gregor · Joined: 06 Jan 2005 Posts: 842 Location: Jakarta, Indonesia

While I don't know the OP's present employer, I have to say that I have never had the slightest problem with the Chinese I've worked for honoring their contracts, as long as I honored mine.
There should be a clause in the contract dealing with how to get out of it early. The OP didn't say that (s)he was trying to screw anyone. Look at the contract, give the required notice, and pay the penalty.
By the way, there was no penalty fee in any contract I ever signed in China. The only things I would have had to pay back were flight reimbursement and visa fees. Nothing even about accommodation, so long as I gave one month's notice and paid back the other money. It'll be a percentage of what they paid, based on how much of the contract the teacher finished. It's perfectly fair.
As a DoS, I helped teachers through this sort of thing a couple of times and no one ever tried to screw the teachers. They played rough - withholding salary to make sure the flats were left in good condition, making sure the teachers paid everything they owed - but I never saw any unfair treatment. There wasn't even any resentment. As long as the teacher comported him/herself professionally and honorably, there was no problem.
The problem comes when a teacher just wants to skip out and not make good. If the OP doesn't do that, (s)he should be fine. Just look at the contract you signed, and see what you have to do. They'll give you the release letter.
Let us know how it goes.

englishgibson · Joined: 09 Mar 2005 Posts: 4345

Gregor, you sure sound like the luckiest foreign employee in China Smile

koba · Joined: 26 Sep 2006 Posts: 7

This job isn't something I even set out to find. I was given this opportunity through a close family member. No, I haven't been at this job for just 2 weeks or 2 months. I've been in China for 2 years. I've been told at the beginning of my contract that I was expected to stay there for at least 2 years. As far as I'm concerned, I've honored my part of that agreement.

By not taking this job then I'd waste a lot of what I've tried to work for in the last 5 years.

You mentioned something about grips. Sure I have a ton of grips (i.e. living and work conditions) that were never mended or met, yet I've stayed here for 2 years. Now, I get news because of budget problems, I may not even get basic things repaired.

I needed advice on switching jobs, not someone making blind accusations and assumptions about me or the situation that I'm in. If you're not here to help then, I'd appreciate if you not bother posting.

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

Steppenwolf · Joined: 30 Jul 2006 Posts: 1769

Sorry, koba, you don't explain your situation any better in your attempt at justifying your choice. Don't blame your predicament on any of us for suggesting to you that you put yourself in the shoes of your own employer against whom you seem to have no valid gripes. If you did have anything to complain we would have learnt about that in your first post; you made it abundantly clear that you are considering switching jobs for entirely personal, self-serving reasons. Sacrifices on the altar of your own career have no convincing power here, buddy; everyone who comes to China must be aware that what they are doing in this country may never reward them in future.

It is up to you to prove your salt to your current employer too, not just the other way around. Your current boss had to invest in hiring a total stranger from outside of China - surely a not-so negligible risk for him? Please, reward his faith by being equally loyal. You would do us all a favour!

Bayden · Joined: 29 Mar 2006 Posts: 988

I faced a similar dilema some time ago.
I went to my employer and explained the situation, saying, basically (in the nicest possible way), that the new oportunity was too good to pass up, but I would do whatever I needed to make the transition to a new teacher as easy as possible for them.
We worked out a compromise and it all worked out well in the end.
You've really got to be selfish and go for the opportunity that is in your own best interests.
I have been in a very nice position for a couple of years now.

koba · Joined: 26 Sep 2006 Posts: 7

Steppenwolf,

First off, all I asked was what the process was in switching a new job. I didn't ask for your advice on whether I should or shouldn't do this. Look in my first post and tell me where I asked about ethical issues regarding the breaking of contracts.

When I came to the school I was told that if they were to hire me that I'd have to stay at least 2 years there. THAT is the obligation that I've fulfilled. It's been 2 years but I still have another 6 months after this semester left on my contract.

Also, as I've stated in my last post, I do have gripes with them on many levels but I've shut my mouth for 2 years and took it. So what's the deal now? I shouldn't be a bit selfish because the school will continue to look after me? Even better. You can look after me right? I know looking out for my own interest is a mortal sin in your eyes but really i don't care.

Yes, I've had problems with my school. No, I'm not here to spill my guts about it on this forum. I wanted to come here and ask for the procedures on switching jobs. That's all, buddy!