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what's your opinion DOC?

 
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jamesmollo



Joined: 26 Apr 2007
Posts: 276
Location: jilin china

PostPosted: Thu Oct 25, 2007 3:29 am    Post subject: what's your opinion DOC? Reply with quote

I have been working for a private kindergarten for the past 3 months. 2 1/2 weeks ago i went to the hospital to see the english speaking doctor they have there as i was experiencing some discomfort. I supplied the school with a medical certificate from the doctor stating that i was unable to work for these 2 weeks.
Well the school was very unhappy about this because the parents were pissed off that there wasn't a 'foreign teacher'.
There was another FT that started the same time as me, but she did a runner 1 week into the school year and had yet to be replaced.
At the time i took leave there was only myself (full-time) and 1 (part-time) teacher.
I have 2 contracts one of them being a standard S.A.F.E.A one that stipulates that if i am unable to resume work after 30 days then the contract can be terminated. I took medication and followed the doctors instruction and my condition improved. He knows the principal as it turns out. So he called her after my last visit and said i was able to return to work this monday but on a part-time basis for a week or so.
After that visit i called the principal to arrange a meeting (i had discovered they had 2 new FT's now) she put it off for several days until yesterday she said we could meet on october 31st. conveniently that would be a month that i haven't been to school. Bear in mind that we had 1 weeks holiday at the beginning of the month.
There is a clause in the contract that states 'if either party wishes to break the contract before the end date they must pay the other party 10,000rmb and give 30 days notice of this' they have supplied me with an r.p.f and f.e.c they also supply my apartment.
So what's your opinion? do they have a right to replace me under these conditions? what can i do? anyone have a link to S.A.F.E.A regulations, can't seem to find it.
My friend suggested I go to the p.s.b but at the moment I don't know what their intentions are, I can only speculate.
Anyway I would appreciate any comments and constructive advice.
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Lobster



Joined: 20 Jun 2006
Posts: 2040
Location: Somewhere under the Sea

PostPosted: Thu Oct 25, 2007 8:18 am    Post subject: Reply with quote

My advice: Write a signed, dated letter to the principal and department head outlining the situation and clearly stating that you are now able and willing to resume work. Mention that, although you are immediately ready to resume work, they have chosen not to provide employment at this time and have delayed discussions until Oct 31st. Keep a copy for your records. Question: are you being paid while off sick?

RED
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jamesmollo



Joined: 26 Apr 2007
Posts: 276
Location: jilin china

PostPosted: Thu Oct 25, 2007 10:05 am    Post subject: sick leave Reply with quote

Thanks for your advice. The only problem is the headmaster spoke to my doctor on the phone and he advised I shouldn't resume full-time working hours at once.
I asked him to give me a letter stating, in his opinion, I was well enough to return to full-time work but he wasn't willing to.
No, I am not getting paid whilst off work. Relying on my private tutoring to get by at the moment as they haven't told me their intentions.
As of this week, however, I haven't been to work because of their reasons whatever they be. So, perhaps it's debatable whether or not they should pay me regardless.
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AussieGuyInChina



Joined: 23 Nov 2006
Posts: 403

PostPosted: Thu Oct 25, 2007 10:05 am    Post subject: Reply with quote

Quote:
i went ��.. to see the ��.. doctor ��.. as i was experiencing some discomfort ��.. i was unable to work for ��.. 2 weeks ��.. the school was very unhappy ��.. the doctor ��.. knows the principal ���.. So he called her ��..i was able to return to work this monday but on a part-time basis for a week or so.

In Australia, if you had a medical certificate certifying that you were unfit for duties, regardless of the nature of your medical condition, you couldn't legally be penalized for your absence.

However, I could imagine your Chinese employer adopting a more pragmatic approach. You had time off because you were "experiencing some discomfort". Your employer has spoken to your doctor so he / she knows exactly what was (is) wrong with you.

If the doctor has suggested to your employer that you are likely to have further bouts of the illness then I could imagine your employer wanting to manipulate the situation to take advantage of the 30 day clause to get rid of you.

If the doctor has suggested to your employer that other persons experiencing the same illness as you would not normally require 2 weeks off work and a further week of part-time duties then I could imagine your employer wanting to manipulate the situation to take advantage of the 30 day clause to get rid of you.

I am not saying either scenario is fair, but I can see that it would happen.

Only you, your doctor and your employer know the complete picture.
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