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Contracts - how binding are they?

 
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Murphy82



Joined: 12 May 2013
Posts: 7

PostPosted: Wed May 29, 2013 2:45 am    Post subject: Contracts - how binding are they? Reply with quote

The degree to which work contracts are legally binding and enforced varies quite a bit from country to country.

What is the situation in this regard in China?

Is it relatively easy to terminate a work contract and take a new job? Is it a casual thing or are there definite steps which must be taken (aside from being polite about it or not)?

How much effect does this have on a Z visa?

Given a 1-10 scale with extremes of 1 - easy-peasy, walk off job without notice and leave students with long faces and 10 - no dice, must give x weeks notice and then exit country to restart visa application process, where does China fall?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Wed May 29, 2013 3:36 am    Post subject: Reply with quote

Depends on the administration; how understanding they'll be if you want out of a contract. If the employer decides to terminate or breach the contract, there ain't a whole lot you can do.
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GreatApe



Joined: 11 Apr 2012
Posts: 582
Location: South of Heaven and East of Nowhere

PostPosted: Wed May 29, 2013 3:40 am    Post subject: Reply with quote

The degree to which the contract truly "matters" in the terms of what would happen if you leave a job is HIGHLY VARIABLE! It can differ from area to area, province to province, city to city and school to school. No two results will be the same 100% of the time.

Having said that, people considering working here need to realize that your job and / or contract is what ties you directly to your Z visa. To put it bluntly, your JOB is the reason you HAVE a Z visa! You can't just get a job, get a Z visa, come to China, hate the job, quit, and then go traipsing around the country nonchalantly for your own amusement (although I know foreigners who have done exactly that)!

What happens if you quit a job and still have time left on your Z visa? Your guess is as good as mine and, again, peoples' experiences vary greatly. Some schools just write you off and could care less about it. They start looking for another foreign teacher right away. Some schools may want to recoup their loses, particularly if they paid for your Z visa and paperwork and then you bailed on your contract. Then, there is the dreaded and infamous "BLACKLIST!" ... a thing of mythical proportions!

Long story short ... if you come here on a Z visa, you need to understand that you are coming here to work. And that means that your stay in country will pretty much revolve around the job you have and the school for which you teach. It means you must continue to work in one capacity or another if you want to keep the Z visa / Residence Permit.

There are really FOUR expiration dates which rule my world in terms of being a foreigner working in China:

1) My passport expiration date
2) My Foreign Expert Certificate expiration date
3) My Z visa / Residence Permit expiration date
4) My school contract expiration date

--GA
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