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Breaking the contract : questions about a "midnight ru
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helvetus



Joined: 30 Jun 2007
Posts: 9

PostPosted: Sat Nov 01, 2008 7:32 pm    Post subject: Breaking the contract : questions about a "midnight ru Reply with quote

Hi to all,
I am currently teaching French in an University in central China. My contract should end in June 2009 but for some solid reasons I have to break it. I've heard that in this situation it is better to do a "midnight run" so that is what I plan to do. I've already bought my return ticket to come back to my country (France) for next week.
The problem is that the building for foreign teachers is located far away inside the campus. There is an old guy controlling the building who is living here ( they even have cameras inside and outside).Moreover near the building there are always some guards who are controlling the area. I was just wondering if I could have problems when I will leave as my luggage would be the proof of my departure. Could they stop me at the last moment and make me miss my plane? And could I get some trouble at the passport control at Beijing airport?
I am sorry if those questions seem ridiculous but I just want to be cautious. The chairman of this university is the brother of the city mayor so they have obviously a lot of "Guanxi".
Thanks for your attention.
PS: I wrote the same post on the "chinese-forums.com" website to get more potential answers
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lf_aristotle69



Joined: 06 May 2006
Posts: 546
Location: HangZhou, China

PostPosted: Sun Nov 02, 2008 1:25 am    Post subject: Reply with quote

I'm not a big supporter of midnight runs if they can possibly be avoided, due to their detrimental effects on students and coworkers. How much stuff do you have? The complete hard copy Encyclopedia Brittanica, or just the clothes on your back and a few DVDs?

In the belief that your reasons are truly solid, and not just self-serving, I would suggest that you move your things out discretely piece by piece over the period of a week or three, hopefully you have a friend living outside, or you could potentially rent a cheap hotel room... but, security could be an issue.

Then finally carry your final possessions out in your bag, suitcase, or big backpack at a plausible time to be going away for a weekend trip. Try to do that at a time when few people will see you too, early morning or late evening. Leave as little time between the final exit and your plane/bus departure as possible to minimise the chance some suspicious bugger will search your room and track you down. Maybe leave a few things/clothes lying around that would fool a quick check...

Crossing the Mayor's friend could make more trouble than usual with the PSB in such a situation though! They might make it hard for you to get a new job...

LFA
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Sugar Magnolia



Joined: 14 Oct 2008
Posts: 233

PostPosted: Sun Nov 02, 2008 2:23 am    Post subject: Reply with quote

If possible, have the taxi come to your building.

But, as stated above, running isn't the best. Why don't you just be honest and tell them a lie - your Mother is gravely ill and you must return home.
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helvetus



Joined: 30 Jun 2007
Posts: 9

PostPosted: Sun Nov 02, 2008 3:00 am    Post subject: Reply with quote

Thanks for the answers so far.
I could find a plane ticket only during a work day so I can't tell them if they ask me that I will leave just for a week-end. Anyway, my bag will be big. I plan to send most of it by post before leaving but even in that case the doorman and the guards can notice my will to leave soon and tell it promptly to the direction.
I won't tell them my decision as I am pretty sure that it would turn against me. I don't want to come back to China so I am not afraid to be blacklisted. My main concern is what could they do if they caught me doing my "midnight run"? Could they prevent me from leaving the campus or the country until I pay the 500 to 2000$ fine, which is impossible for me to pay anyway?
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lf_aristotle69



Joined: 06 May 2006
Posts: 546
Location: HangZhou, China

PostPosted: Sun Nov 02, 2008 3:07 am    Post subject: Reply with quote

Are you waiting for your next salary payment and then immediately running? Or, just going to cut and run and lose some days/weeks salary?

If the latter then (depending on your salary amount) they're basically getting their break contract fine.

However, if the problem is the school's fault then I would have the attitude that I've done the work, so I should get to keep the salary for that work.

If it's your fault (e.g. you did naughty things with the Principal's daughter and then broke up with her the next morning)... Well. On your own head be it.

LFA
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Sun Nov 02, 2008 3:21 am    Post subject: Reply with quote

Quote:
If possible, have the taxi come to your building.

But, as stated above, running isn't the best. Why don't you just be honest and tell them a lie - your Mother is gravely ill and you must return home.


good ideas

outside your gate are there those red minivans? Pay one to deliver you.

If you return to work in the same city ( or province) it could possibly cause you problems. Magnolia's advice is very Chinese. At least call from the airport, tell them "serious personal problem has arisen" the face saving code words. DO you have even one CHinese person you can trust, hopefully not an employee of the school, to leave the key with?
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helvetus



Joined: 30 Jun 2007
Posts: 9

PostPosted: Sun Nov 02, 2008 4:23 am    Post subject: Reply with quote

Aristotle69, I will teach one week without salary, that is exactly 1000RMB, much less than the the breach fine (500$ minimum).
I really appreciate the answers so far but I would like to point out that my main question is the following : in case they will caught me in the act doing my midnight run, do they have the right to prevent me from leaving the campus until the breach fine is paid? Indeed there is a high chance that the doorman and/or the numerous guards of this campus will notice me leaving.
Thanks for your understanding.
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lf_aristotle69



Joined: 06 May 2006
Posts: 546
Location: HangZhou, China

PostPosted: Sun Nov 02, 2008 4:41 am    Post subject: Reply with quote

AFAIK citizens (e.g. school "guards") have no "legal" right to detain/restrain you. But, if it's as much a Gestapo camp as you're suggesting, then they might do so anyway. If the school Principal is friends with the Mayor, then he is friends with police and PSB too, and if he's friends with them then he probably know their mob cronies... All of them can give you headaches... the least of which is the $US500 breach penalty.

Be careful.

It would be helpful to know more about your reason for leaving and why you think they would have it in for you to make it so cloak and dagger... We might be able to give more specific ideas too.

Are you in XiangTan in HuNan? At XiangTan Uni? I know they have a French program there. Not that many Unis do in central China, I think.

Are you friends with any other teachers? If you're teaching French it must be a decent sized campus and would have loads of (English) teachers too. Right?

LFA
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therock



Joined: 31 Jul 2005
Posts: 1266
Location: China

PostPosted: Sun Nov 02, 2008 6:28 am    Post subject: Reply with quote

Chances are if you leave in the middle of the night the guards will be sleeping. Laughing If they close the gate then you will need to wake them up. If you are really paranoid why don't you leave at night and just jump the fence where there are no guards. Idea
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mikefriend



Joined: 12 Oct 2008
Posts: 118
Location: Sleep walking around the world. But don't wake me up, you might kill me.

PostPosted: Sun Nov 02, 2008 7:40 am    Post subject: Reply with quote

Quote:
in case they will caught me in the act doing my midnight run, do they have the right to prevent me from leaving the campus until the breach fine is paid?


They have no legal right to hold you or your property against your will.

But then again they have no legal right to put melamine in our milk and they do it freely...
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Sun Nov 02, 2008 9:26 am    Post subject: Reply with quote

Quote:
do they have the right to prevent me from leaving the campus until the breach fin


Three answers all agreeing. It is not a matter of law. Legally they can't, best not to rely on the law. Five years ago, laowai teacher and wife said repeatedly if you don't get us the correct visa, we are leaving. Said it to the school FAO, to the Dean. After the National Holiday they kept tehir promise, and at about 8:00 walked out the gate. I wen with them to help with luggage. Good for them, because the guard tried calling another guard to help stop him. I am big, he was also big, and three people allowed for the flagging of a taxi, our physical presence to intimidate the guards. (touch me again and u will lose that hand)
Bad for me, because then I was on the school shit list, even though this guy told them weeks ahead of time he would leave after the holiday if the visa wasn't taken care of.
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eddy-cool



Joined: 06 Jul 2008
Posts: 1008

PostPosted: Mon Nov 03, 2008 2:50 am    Post subject: Reply with quote

Law or no law - if the guards have instruction to detain any suspicious person, especially a laowai that looks as though he was deserting his dear faculty, they will detain you manu militari!

Can't you deposit the bulk of your luggage in, say, a hotel outside of the campus and pick it up on the day of your flight?

Have you thought of the key and any other necessities you might have to hand over in person?

Personally I don't condone midnight runs but having done one of my own I can hardly afford to claim to be holier than you...
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jamesmollo



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

PostPosted: Mon Nov 03, 2008 5:33 am    Post subject: midnight run Reply with quote

As sugar say's you can just tell them there has been a family emergency, so you must return home. This is known as 'events beyond control' that can get you out of a contract and avoid paying any 'breach of contract fee' by far the least nerve-racking option.
The other thing you could do is leave the night before and check into a hotel - bribe the gaurds.
But, in answer to your main concern - they don't have any legal right to detain you. ANd, quite frankly, they don't get paid enough to bother getting involved.
best of luck
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Tue Nov 04, 2008 2:21 pm    Post subject: Reply with quote

The 'breach-fine' is in your contract as a purely intimidatory measure that would never stand up in a court of law and your employer knows it. However it is always best not to annoy the Mayor's brother when you it is important that one is not delayed. So move stuff out early if poss, plead 'personal/family emergency' and leave straight away by taxi (to pick up stuff) to check-in.

That's why they're called 'Midnight runs'
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JohnC



Joined: 06 Oct 2006
Posts: 47
Location: London

PostPosted: Thu Nov 06, 2008 2:49 am    Post subject: Reply with quote

Would the mayor of a city (a lifetime of power, money, trips, perks) risk his job/reputation over assisting in illegally holding a french teacher?

That said, how do you know the mayor is really his brother?

Just leave as quietly as possible.
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