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Break Contract
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mailimiller



Joined: 21 Aug 2009
Posts: 1
Location: beijing

PostPosted: Mon Feb 08, 2010 8:39 am    Post subject: Break Contract Reply with quote

How difficult is it break a contract?

Last edited by mailimiller on Tue Feb 09, 2010 8:21 am; edited 6 times in total
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Mister Al



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

PostPosted: Mon Feb 08, 2010 10:03 am    Post subject: Reply with quote

It will depend on your relationship with your employer whether they decide to enforce the penalty clause in your contract or not. Start talking and negotiate the best deal you can.

On the other hand you could wait until an appropriate pay day then do a planned runner.

I prefer the former approach, myself.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Mon Feb 08, 2010 10:03 am    Post subject: Reply with quote

If you try to leave early and tell them you are leaving, you will be fined.

If you just leave without them knowing, you won't be fined.

Basically, do what you feel is best for yourself. However, if you do what is commonly known as "a midnight run", you will have a bad reputation and obviously not be able to use them as any sort of reference in the future.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Mon Feb 08, 2010 10:09 am    Post subject: Reply with quote

depending on what kind of school it is (university), if the contract runs from september till july, then often the last 2-3 weeks of the contract are free anyway (exams/marking/admin stuff and FTs usually finish up early if its oral english). if the contract runs from march till january, same thing just different time of the year. you might not have to do much to extricate yourself from the situation.

at any rate, you can tell the school you need to leave and you can tell them why. if you have a good relationship with them, you might find they'll let you go and you wont be fined.

i left one school in the past because of something that happened there, i told the school i was leaving in one week's time and they could start looking for a replacement, and no effort was made to stop me (no hassles, no fines, no blacklists etc etc). i left the country for awhile, and came back six months later to a new job.
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Jayray



Joined: 28 Feb 2009
Posts: 373
Location: Back East

PostPosted: Mon Feb 08, 2010 2:15 pm    Post subject: Reply with quote

If the OP is from the U.S., he should be aware that most public schools (K-12) begin hiring and signing contracts in April before school ends.**

Colleges and universities begin placing job opening advertisements in February and March (for the fall term) even though the position may be (and usually is) filled before the ad is even published.

If you're in the U.S., be sure that there are actually job openings before you shoot yourself in the foot in China.

That's not to say that there is no hiring during the summer right up to the wire before the public K-12 schools open. There is.

Just be sure to get your ducks in a row before you start shooting. If you intend to apply via job fair, you stand a better chance of gaining employment than if you are planning to scour the papers for single opening advertisements.

There's another discussion about the ethics of canceling contracts that you may be interested in.

** Conditions may vary from one state to another, but April is usually Job Fair month
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rc81



Joined: 03 Jul 2009
Posts: 85

PostPosted: Fri Feb 12, 2010 6:11 pm    Post subject: Reply with quote

The Great Wall of Whiner wrote:


Basically, do what you feel is best for yourself. However, if you do what is commonly known as "a midnight run", you will have a bad reputation and obviously not be able to use them as any sort of reference in the future.


OK, but is this really all there is to it? I tried to ask this question in another thread but the discussion got side tracked and there really wasnt an answer:

I feel like I have been reading that you need a positive reference letter from your previous employer if you ever want to work in China again. Is this not the case?
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Mr. Ed



Joined: 11 Feb 2010
Posts: 46

PostPosted: Sat Feb 13, 2010 1:18 am    Post subject: Reply with quote

Chinese people are very compassionate.

Just tell them your mother or father died and you need to return home. They will release you with a proper release letter.

This is the most common excuse used successfully.
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Sat Feb 13, 2010 1:24 am    Post subject: Reply with quote

rc81 wrote:
The Great Wall of Whiner wrote:


Basically, do what you feel is best for yourself. However, if you do what is commonly known as "a midnight run", you will have a bad reputation and obviously not be able to use them as any sort of reference in the future.


OK, but is this really all there is to it? I tried to ask this question in another thread but the discussion got side tracked and there really wasnt an answer:

I feel like I have been reading that you need a positive reference letter from your previous employer if you ever want to work in China again. Is this not the case?

there are few things you can be certain of in china, but one of them is that if you do the midnight run, you'll never get that letter. so if you're worried about it, there are other options available before fleeing under cover of dark Arrow
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tomstone



Joined: 09 Dec 2009
Posts: 293

PostPosted: Sat Feb 13, 2010 1:27 am    Post subject: Reply with quote

Quote:
I tried to ask this question in another thread but the discussion got side tracked and there really wasnt an answer


Happens a lot on here, doesn't it?

Kind of like this, but I had to say something.
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rc81



Joined: 03 Jul 2009
Posts: 85

PostPosted: Sat Feb 13, 2010 12:18 pm    Post subject: Reply with quote

The Ever-changing Cleric wrote:
rc81 wrote:
The Great Wall of Whiner wrote:


Basically, do what you feel is best for yourself. However, if you do what is commonly known as "a midnight run", you will have a bad reputation and obviously not be able to use them as any sort of reference in the future.


OK, but is this really all there is to it? I tried to ask this question in another thread but the discussion got side tracked and there really wasnt an answer:

I feel like I have been reading that you need a positive reference letter from your previous employer if you ever want to work in China again. Is this not the case?

there are few things you can be certain of in china, but one of them is that if you do the midnight run, you'll never get that letter. so if you're worried about it, there are other options available before fleeing under cover of dark Arrow


OK but is it possible to get another job in China if you do not have a good reference letter? (regardless of whether or not the teacher pulled a runner.)
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The Ever-changing Cleric



Joined: 19 Feb 2009
Posts: 1523

PostPosted: Sat Feb 13, 2010 12:29 pm    Post subject: Reply with quote

it's possible but it may not be so easy.

i noticed you asked a similar question (breaking contract) on the saudi forum. like one of the posters over there said, i think you're putting the cart before the horse. get an offer, find out what kind of school they are, get the visa, start working, and if problems crop up deal with them as necessary.
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rc81



Joined: 03 Jul 2009
Posts: 85

PostPosted: Sun Feb 14, 2010 8:01 pm    Post subject: Reply with quote

The Ever-changing Cleric wrote:
it's possible but it may not be so easy.

i noticed you asked a similar question (breaking contract) on the saudi forum. like one of the posters over there said, i think you're putting the cart before the horse. get an offer, find out what kind of school they are, get the visa, start working, and if problems crop up deal with them as necessary.


right and i said that i am putting the cart before the horse. it would be nice to know what i am getting into before i get there.

absolutely needing a reference letter seems like an extreme policy to me.
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Mr. Ed



Joined: 11 Feb 2010
Posts: 46

PostPosted: Sun Feb 14, 2010 10:04 pm    Post subject: Reply with quote

Quote:
absolutely needing a reference letter seems like an extreme policy to me.


Tis not for us to reason why but merely die trying to comply with the many, many inane policies.

Welcome to China. Learn to do it their way or better to leave. You will be happier and live longer.
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rc81



Joined: 03 Jul 2009
Posts: 85

PostPosted: Mon Feb 15, 2010 8:24 am    Post subject: Reply with quote

Mr. Ed wrote:
Quote:
absolutely needing a reference letter seems like an extreme policy to me.


Tis not for us to reason why but merely die trying to comply with the many, many inane policies.

Welcome to China. Learn to do it their way or better to leave. You will be happier and live longer.


Believe it or not, Im not interested in your opinion. Id like to know what the facts are. Im assuming youre saying that a reference letter is absolutely essential but given the "inane" way you wrote that I have a hard time believing you know what youre talking about.
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Mr. Ed



Joined: 11 Feb 2010
Posts: 46

PostPosted: Mon Feb 15, 2010 12:19 pm    Post subject: Reply with quote

The fact that the policy seems extreme to you is irrelevant and indicates that you have either been in China a very short time or have never adjusted.

Since you decided to insult me, I will withhold any further information from you.

I wish you the best.
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