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What can happen if I break my contract?
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PAzine



Joined: 22 May 2007
Posts: 45

PostPosted: Tue Jun 12, 2007 3:11 am    Post subject: What can happen if I break my contract? Reply with quote

Hey, I'm 3 months into a 1-year contract with a language mill in Taiyuan.

Work is fine enough, but this town is bloody limp. When not working, my only means of recreation is to sit in my apartment and stare out the window at a dumpster.

Over the past month, I've increasingly been telling myself "just tough it out. Suck it in and make it to the finish line."

But then, I realized, there is no finish line. Not like Korea, anyway (where the incentive to "suck it in" is the prospect of saving twenty grand, a big chunk of which comes via a fat bonus at the end).

With my current deal, the "big fat bonus" is USD$1000. If I "suck it in and make it to the finish line", I will have (assuming I maintain my spartan life of dumpster-gazing) saved a total of $4,000 USD.

Maaan, that's a very small incentive to spend the next 9 months of my life living like a goof.

I've contacted head office and told them of my desire to leave this school and be transferred to another in a different part of China. Their reply was that I had signed a 1-year contract to work at one school. Normally, if a person breaks a contract, they are not welcome to work at any other branch.

In my case, though, they said that if I were willing to forego my end of contract bonus, they'd allow me to make a switch.

***************************

That's the basic situation.

From September, I will take on a new job in a different part of China. Staying on with my current language mill is an option, because it's easy. No applications and interviews and whatever. They offer 25-hour contracts for 6,200; 20 hours for 5,000; and 15 hours for 4,000.

Money is not a really huge super concern. I basically need enough to live, with at least 2,000 RMB that I can sock away for tomorrow. I'll either do the 20 or 15 hour. I'm on the 25 hour now (teach about 21 hours/week). It's light, but I'd rather it be lighter.

IMO, teaching is bloody fun in short doses, but a brutal grind otherwise.


***************************

On to my question:


What could possibly happen if I choose to break it off with my current employer altogether and find my own gig elsewhere for September?

My discussions with them thus far have been decent. No negativity or hostility or anything. Staff relations are aces. They're getting a 3 month notice from me, during which I'll continue to do top work.

Umm... I'm wondering if something falls off the rails... can they screw me over? Like, muck up my visa (valid until Dec. 2007) so I have to flee the country or something? Or can I easily transfer my working visa onto another employer?

Cheers!
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Tue Jun 12, 2007 4:19 am    Post subject: Re: What can happen if I break my contract? Reply with quote

Your biggest concerns should include whether the contract contains a clause on penalty for breaking the contract. You can not transfer your FEC to a new employer. The first employer would probably take back your FEC and the new employer issues you a new one. As far as the RPF goes, you shouldn't have to worry about anything.
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PAzine



Joined: 22 May 2007
Posts: 45

PostPosted: Tue Jun 12, 2007 9:29 am    Post subject: Re: What can happen if I break my contract? Reply with quote

tw wrote:
Your biggest concerns should include whether the contract contains a clause on penalty for breaking the contract. You can not transfer your FEC to a new employer. The first employer would probably take back your FEC and the new employer issues you a new one. As far as the RPF goes, you shouldn't have to worry about anything.


Thanks for the info, tw.

Yeah, there's a fine for breaking the contract, but only if less than 30 days' notice is given. So I'm in the clear on that one.

Hey, what does "RPF" mean?
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Tue Jun 12, 2007 9:58 am    Post subject: Re: What can happen if I break my contract? Reply with quote

PAzine wrote:
Hey, what does "RPF" mean?


The Resident Permit for Foreigners, AKA the visa-like sticker in your passport that replaced your Z visa. You did come here on a Z visa, didn't you?
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PAzine



Joined: 22 May 2007
Posts: 45

PostPosted: Tue Jun 12, 2007 11:48 am    Post subject: Re: What can happen if I break my contract? Reply with quote

tw wrote:
PAzine wrote:
Hey, what does "RPF" mean?


The Resident Permit for Foreigners, AKA the visa-like sticker in your passport that replaced your Z visa. You did come here on a Z visa, didn't you?


Well, actually I crossed the sea in an old Ginseng vessel and then snuck through the barbed wire border with a couple of Nigerians.

Kidding... Laughing

Yeah, I came on the Z. Then got that sticker thing. RPF as you say. Didn't look too closely at it, except to check the expiry date...

Thanks for making me "hip" to the local "jive". Cool
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Tue Jun 12, 2007 12:11 pm    Post subject: Reply with quote

Once again the cruel face of the China style chain rears its ugly head - in this case a chain, which, although they have locations throughout the country (most chains advertise this fact as if the employee could hop around the country working from one outlet to the another) they'll only let the very unhappy FT transfer to another location if they're willing to forgo their end of contract bonus payment - after all they have to keep that FT working at all costs (who cares if they're having a horrible time as long as they create the company more income).
Newbies beware - the mills are business sweatshops, and as such can be a tough grind - and, according to this account, don't expect too much sympathy or help from them as employers if your situation starts to wear you down - that is unless you wish to pay for it.

By the way what chain is this one - is this another EF story????
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PAzine



Joined: 22 May 2007
Posts: 45

PostPosted: Tue Jun 12, 2007 1:12 pm    Post subject: Reply with quote

vikuk wrote:
Once again the cruel face of the China style chain rears its ugly head - in this case a chain, which, although they have locations throughout the country (most chains advertise this fact as if the employee could hop around the country working from one outlet to the another) they'll only let the very unhappy FT transfer to another location if they're willing to forgo their end of contract bonus payment - after all they have to keep that FT working at all costs (who cares if they're having a horrible time as long as they create the company more income).
Newbies beware - the mills are business sweatshops, and as such can be a tough grind - and, according to this account, don't expect too much sympathy or help from them as employers if your situation starts to wear you down - that is unless you wish to pay for it.

By the way what chain is this one - is this another EF story????


The chain is Aston English.

I agree with your points somewhat, but suggest they are kind of skewed.

Yes, Aston is gonna chisel me out of my completion bonus for the privelege of relocation. Yes, the school I work at is somewhat dodgy in terms of organization and whatnot.

On the other hand, the (foreign) fellows who handle teacher affairs in head office are quite straight up, and, in my opinion, very genuine.

I'm an experienced teacher with a good resume, and I've been in Asia for 10 years. And I chose, for my initial foray into China, to work for Aston -- with an awareness of the flaws -- because of the benefits.

Those benefits are:

1. The terms of the agreement were explained to me clearly -- without any subterfuge -- before I was asked to sign anything. I got a strong sense that the people I was dealing with were genuine. Hindsight has proven that to be the case, for the most part.
2. My pay is rock solid. It is delivered on time without question. They even let me get as much as I want in USD, if I want to send any cash overseas.
3. For problems re: pay/conditions/ teaching etc, I don't deal with the local manager -- I deal with the foreign HR dudes at head office. That means I'm immune from getting sucked into psychic battles with local rubes.

In the case where Aston agreed to let me transfer *in exchange for my bonus*, at least they were up front about it.

Point of the story is, if you're looking for a career, chain schools will f*ck you up. Buuut... if you're just looking for a solid base from which to experience China for a bit, they're worth investigating.

I'll go out on a limb and endorse Aston for the latter objective.
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Tue Jun 12, 2007 1:54 pm    Post subject: Reply with quote

Doesn't Clark work for this outfit!!!!!!!
Quote:
On the other hand, the (foreign) fellows who handle teacher affairs in head office are quite straight up, and, in my opinion, very genuine.

Well yeah - they keep on the straight and narrow with regard to those rules, which will keep those teachers working away. But what I don't understand is why they should want unhappy teachers in their classrooms - after all don�t you have to spend a lot of time smiling at kids (and mums and dads - and just about anyone and anything else on promotion drives). A year of that, combined with the feeling of being trapped in some god-awful gray non-descript slurry of a Chinese city sounds like an awful mess!!!! You would have thought the big family of Aston would have been able to help the lonely FT in this kind of plight for a cheaper price than that of forsaking their 1000buck bonus - after all you want to keep on working for the chain, but in another location!!!!
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PAzine



Joined: 22 May 2007
Posts: 45

PostPosted: Tue Jun 12, 2007 2:27 pm    Post subject: Reply with quote

vikuk wrote:
Doesn't Clark work for this outfit!!!!!!!
Quote:
On the other hand, the (foreign) fellows who handle teacher affairs in head office are quite straight up, and, in my opinion, very genuine.

Well yeah - they keep on the straight and narrow with regard to those rules, which will keep those teachers working away. But what I don't understand is why they should want unhappy teachers in their classrooms - after all don�t you have to spend a lot of time smiling at kids (and mums and dads - and just about anyone and anything else on promotion drives). A year of that, combined with the feeling of being trapped in some god-awful gray non-descript slurry of a Chinese city sounds like an awful mess!!!! You would have thought the big family of Aston would have been able to help the lonely FT in this kind of plight for a cheaper price than that of forsaking their 1000buck bonus - after all you want to keep on working for the chain, but in another location!!!!


Yeah, vikuk, your points are also (in my experience) accurate.

To summarize (by combining your post with mine above it), I'll say that Aston (and maybe other mill schools like it) is a fair deal -- in terms of being straight up and solid with pay etc -- but there are a lot of dreary aspects that must be considered.

At mill school rates (roughly USD$8/hr), quality of life should be the primary concern -- because the money you make is a laugh.

Unfortunately, as my experience shows, solid pay and parameters are a good start, but not even close to being everything.
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Tue Jun 12, 2007 2:35 pm    Post subject: Reply with quote

While a school may or may not want an unhappy teacher in the classroom, the issue here is that of having a contract. A contract, obviously, is there to keep people working and protection and so on ...

Either bite the bullet and make yourself "happy" and finish the contract or jump ship with the consequences (contractual penalties and outs or otherwise per the so-called system in China).

While you may not be happy and are bored in a small, China-ish city, you did agree to work there for a year.

"Till death do us part" rings in my ears again Smile
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Tue Jun 12, 2007 2:37 pm    Post subject: Reply with quote

Quote:
While you may not be happy and are bored in a small, China-ish city, you did agree to work there for a year

setenced to the mill - newbies beware!!!!!
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Tue Jun 12, 2007 2:40 pm    Post subject: Reply with quote

Seems to me that the school is being pretty fair about all of this and it seems that you appreciate that. Keeping things above board is likely to be in the best interests of both parties and you seem like a pretty reasonable person so you shouldn't expect any major problems.

I think that your biggest concern if you do decide to leave Aston mid-contract for another employer is that you may have troubles getting legal work in that province or city again. Other than that I can't see any other problems should you decide to leave.

Perhaps riding out your contract with that chain but in a more desirable location will be the easiest and least troublesome solution if you are happy to go that way. You know that you are employed legally, you know what the school expects of you, and you know that you will get paid for the work that you do. You could possibly find yourself worse off with another employer so do your research carefully if you do decide to go elsewhere.

As to the criticism of the school I can't see any basis for that other than the old 'chain school bashing'. Chain schools make easy targets afterall.

By all accounts the chain employed the teacher legally from scratch with him arriving in country on a Z visa.

The OP signed a one year contract with an individual school in the chain and has decided not to complete that contract through no fault of the school. The school is under no obligation to just allow teachers to break agreements and change destinations! Despite this they are willing to help arrange it but this does come at a cost to the foreign teacher as I am sure it does to the school as well.

As far as the penalty the OP admits to agreeing to a breach penalty when he signed up and he doesn't seem to have a problem with that so why should anyone else?
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Tue Jun 12, 2007 2:50 pm    Post subject: Reply with quote

Now that mangement has spoken - all I can say is that Aston's must be full of FT's with 10 years experience of teaching in Asia - especially since they seem to ignore the OP's rather special qualifications and just throw a book of rules at this problem.
Remember newbies - in the mill you seem to be just another cog in the machine Rolling Eyes
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Sonnibarger



Joined: 15 May 2007
Posts: 320
Location: Wuhan

PostPosted: Wed Jun 13, 2007 3:58 pm    Post subject: Reply with quote

Any chance they are just low-balling you? Have you considered asking for � your bonus? It seems you will be at your new school for at least 6 months so you should be eligible for 1 way flight bonus.
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jeffinflorida



Joined: 22 Dec 2004
Posts: 2024
Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two

PostPosted: Wed Jun 13, 2007 4:50 pm    Post subject: Reply with quote

The truth is they will probably wind up cheating you either way because it is there nature so you might as well kiss the dumpster goodbye now and forget about the money that you hope they will give you at the end and go somewhere that you may be happier.

Why stay if you are totally board and not accomplisihing anything?

Give them notice, hope they don't cheat you too much and be happier somewhere else.

Remember, they are chinese and it is part of their business plan to cheat you as much as they can.
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