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SpedEd
Joined: 31 Jan 2006 Posts: 143 Location: Shanghai
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Posted: Sun Jun 08, 2008 1:46 pm Post subject: My school is reneging on it's contract... |
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Hello people:
I also want to mention the situation at my school re. it's apparent unwillingness to fulfill the contract term re. the reimbursement of the round trip ticket value of a flight from my home country. Yes, the ticket value is pricey, but the contract clause clearly states that upon passing the probationary period (1 month) and signing for a one-year contract, I'm entitled for a 50% reimbursement, upon signing, of the actual round-trip ticket value, then receive the remaining 50% ticket value upon completion of the contract. But in fact, it's now approaching month #3 and still no airfare money of any kind offered or paid.
The director has made a big issue re. the ticket itself, as it wasn't a direct flight from my home country to China; rather, it included a connection from a neighboring country. Prior to arriving to the school, the ticket would have been all but five months old. The director and the finance dept. has been making big issues about these things and has shown a lot of reluctance in paying up. How should I approach this sort of bs? I want to resign, but I dont' have a good financial footing yet to do so.
I've been advised by another teacher that I should arbitrate the matter with the local Foreign Affairs Office, as the school has clearly broken the contract, according to him.
In fact, the ticket was pricey. Then again, I live incredibly far from China, as most foreigners teachers do. To date, the school has arrogantly offered to only pay the portion of the ticket from the neighboring Asian country from which I made the connection. I think this is utter CRAP! Should I take the matter to the nearest FAO? And what are my chances of winning a settlement if I do? |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Sun Jun 08, 2008 2:08 pm Post subject: |
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| I think this is utter CRAP! |
probably not utter crap to your director - in the school account books that flight may have been paid - but maybe the money has gone into big D's pocket rather than yours.
A good way of trying to fool the school investors that the workers are taking the lowest wages to increase their dividends - while making a few bucks on the side.
Going to that Foreign affairs office maybe a good idea - but lets hope Big D hasn't used too much of your ticket cash to grease their palms  |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Sun Jun 08, 2008 3:26 pm Post subject: |
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I have had good luck with informal arbitration at the province FAO, that is, I go there, tell them what's up, they call the school , and ask the school why they are not following the contract.
I had the school do this to me once here in Henan. One way ticket 7,000, they said, "sorry, we can only give you 3,000" |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sun Jun 08, 2008 11:49 pm Post subject: Re: My school is reneging on it's contract... |
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| SpedEd wrote: |
| The director has made a big issue re. the ticket itself, as it wasn't a direct flight from my home country to China; rather, it included a connection from a neighboring country. Prior to arriving to the school, the ticket would have been all but five months old. The director and the finance dept. has been making big issues about these things and has shown a lot of reluctance in paying up. How should I approach this sort of bs? |
i think as long as the stopover in your flight from home country to china still kept you moving in one direction then its reasonable for the school to pay up. not all flights are direct from A to B, point this out to your school (they likely know this but are just playing stupid, and doing a good job at it). airlines have stopovers all the time in order to increase seat occupancy.
if that fails, try to point out to your school the equivalent cost of a direct flight against what your flight cost. you could go to an online travel website, find a similar flight, and print off the info for the school to look at.
if this fails in getting satisfaction, then take it to the local authorities. its too bad you need to go through this, but something similar happened to me at one time, so i know the feeling.
where did you fly from and where was the stopover? how much was the ticket? just curious and would like to make a comparison.
| SpedEd wrote: |
| I want to resign, but I dont' have a good financial footing yet to do so. |
hopefully you will take some advice that has been offered on this site many times in the past. always make sure you have enough money to tell the school youre quitting, and actually be able to follow through on that. if they know your finances are poor then youre screwed.
7969 |
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Ger
Joined: 25 Feb 2004 Posts: 334
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Posted: Mon Jun 09, 2008 2:09 am Post subject: |
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Very clever of you to have negotiated reimbursement of 50% of your flight to be paid after a month. Now 3 months have elasped and no payment. Of course, 3 months is "after a month"! Perhaps a date upon which the school should pay the 50% should have been specified in the contract.
One Chinese person once said to me, "You have an idea, but no method by which to turn it into a fact."
Not all flights are direct. Indirect flights are sometimes cheaper. If I were you I would not accept the lesser amount from the Asian-country leg of the indirect flight to China unless you really have to. Try to get the the full ticket amount pro-rata - if the director agrees put it in writing English and Chinese.
If this doesn't work, then provincial arbitration at the FAO may be an option, but the school could retaliate, and you could lose out in the end. Remember, your life and safety are worth more than the price of a flight ticket!
Last edited by Ger on Sat Jun 14, 2008 4:04 pm; edited 3 times in total |
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North China Laowei
Joined: 08 Apr 2008 Posts: 419
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Posted: Mon Jun 09, 2008 3:39 am Post subject: FEB |
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First, if I might ask, in which province are you located? Some provincial Foreign Expert Bureaus are more helpful than others.
I have actually seen the Guangdong Foreign Experts' Bureau in action, so to speak, on two occasions, and although they had to be prodded on the one occasion and not prodded on the other, the results were still favorable in both cases. In one case, a considerable amount of money was involved (transportation reimbursement, bi-semester travel allowance) for a couple who had ended their contract early but under due-and-proper form. The school "coughed up" the money under direct orders, or shall we say, a polite request from the GFEB to the President (yes, the President) of the University. The second case involved another university wherein a university categorically refused to allow a foreign teacher to live in university housing with his duly-married and legally married and long-term married Chinese spouse. Again, the issue was resolved on a telephone call.
Do involve them. |
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SpedEd
Joined: 31 Jan 2006 Posts: 143 Location: Shanghai
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Posted: Sat Jun 14, 2008 1:01 pm Post subject: Re: FEB |
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| North China Laowei wrote: |
| First, if I might ask, in which province are you located? Some provincial Foreign Expert Bureaus are more helpful than others. |
I reside in Liaoning province. People, what are your opinions re. me involving the FAO while under contract with the school. Should I jump ship first with the expectation that the school would terminate my contract as retaliation for FAO involvement or wait out the process and hope that no one at the school drops a hammer on me? |
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North China Laowei
Joined: 08 Apr 2008 Posts: 419
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Posted: Sat Jun 14, 2008 2:18 pm Post subject: Re: FEB |
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| SpedEd wrote: |
| North China Laowei wrote: |
| First, if I might ask, in which province are you located? Some provincial Foreign Expert Bureaus are more helpful than others. |
I reside in Liaoning province. People, what are your opinions re. me involving the FAO while under contract with the school. Should I jump ship first with the expectation that the school would terminate my contract as retaliation for FAO involvement or wait out the process and hope that no one at the school drops a hammer on me? |
First stay as reasonably calm as you can.
Second, do not call the FEB in Shenyang. I have posted you all of their contact information. Take all of your documents, your contract, etc., etc., and go see them. A visit will wake them up. The guards at the entrance will give you a rough time but just be strongly politely persistent. If you still cannot get in, then ask your Consulate NOT to intervene (because they most likely will not) but ask it to simply arrange for you to have access to the FEB (that is a telephone call for them and they will do it, as a matter of course). When you are actually there, don't let yourself be brushed away by the two youngish female clerks who will try to dismiss you out-of-hand. Be firm and demand the Director (whom you will not see) but you will be shown the Vice-Director and he will able to assist you. Please, please, when you go to that office, take care as to how you are dressed, how you appear, how you present. Be exceptionally firm, exceptionally so, but make sure that you know all of the facts beforehand.
I say that because in rereading this thread, your details appear murky to me and if they appear murky here, they will surely appear to be murky to the Vice-Director, who truthfully speaking, is a reasonable person. Stick to the issues of what you expect PER THE CONTRACT.
I only hope to God that all of your papers are in order, that you are working on a Z visa with the proper residence permit, that you are not on a tourist or business visa, etc., etc., because if you are anything less than fully legitimate, you will have shot yourself in the foot with them irreparably so.
Additionally, you need to be 1,000% sure before dealing with the Shenyang Office that your school or training center has the absolute right to employ foreign teachers. If they do not, you will be shown the door very quickly and a call will be made to the PSB and your problems will have become quite irremediably complicated. That is just how it works in Shenyang.
As I wrote somewhere else, an ounce of prevention is worth a pound of cure. |
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Anda

Joined: 16 Jan 2003 Posts: 2199 Location: Jiangsu Province
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Posted: Sat Jun 14, 2008 3:09 pm Post subject: Um |
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Look you have to think the whole thing over properly. With most government contracts they state 7,000 RMB for the return ticket for the year. My new contract states full travel cost including getting to and from airports etc. If you do make a big thing out of this at this stage then it is likely that you will be given a bad time for the rest of the year if not sacked.
If you were to see Foreign Experts' Bureau now and ask them how much should the school pay you for the year and leave it to the end of your contract and then claim for the whole return ticket through the Foreign Experts' Bureau you would be better off than making a big noise now.
If you leave now then you will probably have not a great chance of getting a new job start until the beginning of September. You are stuck as far as I can see. Sit tight until you are in a better financial position. |
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Mei Sheng

Joined: 15 Oct 2007 Posts: 177 Location: With Yunqi!!
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Posted: Sat Jun 14, 2008 4:50 pm Post subject: |
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US and them.
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Lorean
Joined: 21 Dec 2006 Posts: 476 Location: Beijing
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Posted: Sun Jun 15, 2008 2:10 am Post subject: |
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| First, threaten the school with legal acction. |
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