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I broke my contract. Advice needed
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Sun Dec 21, 2008 7:50 pm    Post subject: I broke my contract. Advice needed Reply with quote

I need some advice. Recently I taught in Shenyang. I broke my contract and returned to the USA because of a death in my family. The school put me on some kind of "blacklist" for Shenyang. I contacted the school and offered to either return and finish the contract, or pay the "breach penalty." The school did not respond; even after my repeated attempts to remedy the situation.

You can see the blacklist posting here:

http://www.jiaoshi.com.cn/main/news_7195.html

I would like to return and possibly work in another province, but I don't know if it is possible for me to return to China. Does anyone have any experience with this?

Thanks,
Brad
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stillnosheep



Joined: 01 Mar 2004
Posts: 2068
Location: eslcafe

PostPosted: Sun Dec 21, 2008 10:39 pm    Post subject: Reply with quote

I'm afraid I don't read Chinese so can't do much with the site but I doubt if that is any sort of official blacklisting. The school may also have circulated your name around Shenyang and said that you are a 'bad' teacher or an 'unreliable' person but even if the school had the guanxi to get you somehow blacklisted from being issued a work visa at provincial level, which I very very much doubt, such writ only works at that level. Apply via another province and you should be fine.

Teachers in China break contract all the time. School threatens blacklisting. Teacher moves to next province and continues working.
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Mon Dec 22, 2008 12:05 am    Post subject: RE Reply with quote

stillnosheep:

Thanks for your reply. Basically the website says that I left without notice or permission. But actually, I tried to give notice once before and they gave me a hard time about it. They wouldn't give me a signed acknowledgment of my notice. They also acted very strange and they would not speak with me about leaving. It was almost like they didn't accept that I wanted to leave. This made me very nervous.

I wanted to have some proof that I gave them notice, but they would not give that to me. So consequently when I left, they notified the Foreign Expert Office that I broke the contract.

I really love China and I want to return, but I didn't know if it was possible or not.

Once again, Thanks!

Brad
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Voldermort



Joined: 14 Apr 2004
Posts: 597

PostPosted: Mon Dec 22, 2008 12:23 am    Post subject: Reply with quote

In your shoes I would contact the Shenyang SAFEA and explain the situation to them. Also, I would forward a copy of the Death Certificate to prove you are not spinning them one. Politely ask them to remove their posting and blacklisting and suggest that you would very much like to return to the same school to complete your contract. Remember, give the school as much face as possible.
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Ms Bean



Joined: 11 Oct 2008
Posts: 110
Location: Wilmington

PostPosted: Mon Dec 22, 2008 12:26 am    Post subject: Reply with quote

I translated it. I REALLY think that Dave's ESL should make some sort of mention of this school. You were unfairly slammed.

Does dave's blacklist schools?

Try reporting it on this website:

http://china.eslteachercafe.com/topics.aspx?ForumID=3&

or here:

http://teflblacklist.blogspot.com/2007/01/blacklisted-chinese-efl-schoolsesl.html
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Mon Dec 22, 2008 12:35 am    Post subject: RE Reply with quote

Actually if I could return to another province, that would be acceptable. My problem with contacting Shenyang SAFEA, is that I cannot communicate in Chinese. I feel a little lost on how to go about it.

But if I can just come back and work in another province, then I would be quite happy. It would be nice to live in another area of China.

Brad
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Eyrick3



Joined: 29 Mar 2008
Posts: 161
Location: Beijing, China

PostPosted: Mon Dec 22, 2008 1:07 am    Post subject: Reply with quote

I read it, and I'm pretty sure it's unofficial. They may have filed something with the offices there, but there's a slim chance this will keep you from getting jobs anywhere else.

If it's brought up elsewhere, just make up some story about how they broke their contract and they are full of lies. Whoever is listening will believe you.
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jibbs



Joined: 02 Feb 2003
Posts: 452

PostPosted: Mon Dec 22, 2008 3:14 am    Post subject: Reply with quote

How can any school keep anyone out of China?
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foreignDevil



Joined: 23 Jun 2003
Posts: 580

PostPosted: Mon Dec 22, 2008 5:15 am    Post subject: Reply with quote

Probably it is nothing to worry about. But.. it is a notice from the Foreign Experts Bureau 沈阳市外国专家局

It looks like it comes from the them, and is being posted on this Teacher Resource Network website.

So, it is official. But I don't know how important that is. What I mean is, the chances of some other hirer chancing on that notice on that website are probably slim to none. So if it is just a matter of that website, no problem.
But I don't know if there would be some problem with your work permit, because this notice is from the FEB.
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Mon Dec 22, 2008 6:47 am    Post subject: Reply with quote

Forget about it and apply for jobs, preferably in another province. The only issue I see is what are you going to do about that period in your CV/resume?
How long were you working there for? Anyway, I would just make something up for that period and not mention that job. If you think there could be an issue with the entry/exit stamps to China in your passport and having a RP in there as well then I would invent a ficticious employer and say that they closed the school and you went home. Although the RP might make some reference to that employer. It's unlikely that anyone will bother to check anyway.
Alternatively, apply for jobs and include that school in your CV and if any questions are brought up about it then just tell the truth and bring a copy of the death cert with you to China. Never mention the 'blacklist'. In fact you don't know anything about that.

Good luck.
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eddy-cool



Joined: 06 Jul 2008
Posts: 1008

PostPosted: Mon Dec 22, 2008 2:28 pm    Post subject: Re: RE Reply with quote

inchinanow wrote:
It was almost like they didn't accept that I wanted to leave.

I wanted to have some proof that I gave them notice, but they would not give that to me. So consequently when I left, they notified the Foreign Expert Office that I broke the contract.



Just trying to get an unambiguous picture of the situation:

Why did you want to have 'some proof that I gave them notice'?

What would you need said 'proof' for?

If I had been your employer I wouldn't have providedyou with 'proof' of serving notice of your departure. Sounds as though you were looking for some sort of 'release letter' to present to a different employer.

How long did you mean to be absent from that school? Or did you tell them you were not going to return during the current term?

Try to see your employer's situation realistically! There have been occasional reports of insensitive bosses that wouldn't grant you any leave of absence for the purpose of attending a relative's burial; but many bosses do accede to such wishes.

The blacklists mentioned in someone else's post list schools that receive bad reviews. Reading a few of those reviews one gets the impression no verification is done to ensure accuracy of reports of poor management or poor relationships with foreign teachers. I consider this a sort of unethical vigilantism.
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Mon Dec 22, 2008 8:35 pm    Post subject: re Reply with quote

Just trying to get an unambiguous picture of the situation:
Why did you want to have 'some proof that I gave them notice'?
What would you need said 'proof' for?


Yes, if I returned, I wanted to have some proof that I gave notice. But actually, this was my first time teaching in China, so maybe I was a little confused about exactly how to handle it best.
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tanyujie



Joined: 19 Dec 2008
Posts: 9

PostPosted: Tue Dec 23, 2008 5:37 am    Post subject: Reply with quote

Interesting. How did you know that your name was on a blacklist? Question
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Tue Dec 23, 2008 5:52 am    Post subject: Re Reply with quote

My Chinese friends told me about this.
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inchinanow



Joined: 03 Feb 2008
Posts: 102
Location: China

PostPosted: Tue Dec 23, 2008 5:53 am    Post subject: Reply with quote

Also, if you google your passport #, it shows up.
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