Job Discussion Forums

sainthood · Posted: Wed Jun 22, 2011 12:22 pm Post subject: Contracts and lawyers

Hey.

Quick question - has anyone here had the need to go to a Chinese lawyer because their employer decided not to honour a contract?

What was the result, what was the end cost, how effective was it, was there a need to take things further after your lawyer made the initial contact?

Mine is trying to dodge the return airfare, even though the contract is incredibly specific and explicit - even my first year students could understand it!! Shocked

Thanks!

tacoeater · Joined: 03 Jun 2011 Posts: 45

Why are you discussing your contract, conditions of employment, relationship with management, etc. with your students?

xjgirl · Joined: 02 Feb 2010 Posts: 242

unless u have huge reserves of cash, and a great desire to seek justice
i'd just keep turning up at your bosses office looking dissapointed and generally making his life difficult

if u do wanna take this all the way, then check out the chinalawblog

Mister Al · Joined: 28 Jun 2004 Posts: 840 Location: In there

I think he has a point there. Contract/students?WTF?

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

hey, hey, hey!

y'all be engrish techr's ain't ya?

him sayded 'could'.

him dinna sayded 'was ablded tuh'.

jeepers, i bets his first year studends coulda unnerstanded that.

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

To be helpful...

Spending your airfare to get your airfare back sounds unproductive, unless you sue them for expenses having to sue them additionally.

Personally, I would go full out.

Have they given you a reason why they have decided to be liars and make a promise that they are not keeping in the contract?

sainthood · Posted: Thu Jun 23, 2011 7:16 am Post subject:

Firstly, yeah, I haven't actually discussed it with students - just saying that the English is pretty plain and simple!

BTW, FTR, this is at the end of my second year!

GWOW - yeah, that's what I was thinking - especially since I can find some very expensive flights Twisted Evil

Thus, they can either pay me about 4000RBM quickly and painlessly (relatively), or I'll start finding flights that are over 12000RMB (which I can then cancel and get a refund! Very Happy

)

Their reasoning (faulty, as it is) is that there are 2 sections regarding this - first part says that I can be reimbursed either a return flight, or 2 one-way tickets (no limits). Second section says that if a flight isn't needed, then they can pay up to 75% of the cheapest ticket they can buy online, to a maximum of 8000RMB.

I presented my 1-way ticket (inbound) which is worth about 8000, to be reimbursed. They seem to think that because that's 8000, section 2 applies... thus, no need to pay for the return trip.

Oh, part of their 'reasoning' is that no-one's done this before....

XJ - thanks for the link! Smile

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

sainthood · Posted: Thu Jun 23, 2011 12:55 pm Post subject:

Hey 7969.

You're close, but not quite!

My contract is written somewhat differently to yours. And I acknowledge that I haven't presented the full relevant contract sections in detail, which will lead to not getting a clear picture. But I think my summary is fair - which is:

I'm permitted a reimbursement on EITHER a RETURN ticket, or TWO 1-WAY tickets. I presented to them my inbound (1-way) ticket. They want to ignore that second 1-way ticket (ie, pretend I don't really need to go home sometime in the future!).

So, yes, you're right, it would have been much easier to have just purchased that ticket beforehand... I thought this would be very simple and easy.. and fair. But I didn't, and now they're trying to get out of it - hence this thread.. they only want to pay the equivalent of my inbound flight only.

As for your last bit - I'm quite happy to have ill-will - the FAO is a constant liar, who says 'no' just because he can. So, yes, to me, it would be worth the expense - even just to come out even.

Anyway, I still haven't had anyone answer the original question, and only had opinion and conjecture. So, has anyone had to deal with a lawyer due to breach of employment contract in this country on here??

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

Mr. English · Joined: 25 Nov 2009 Posts: 298 Location: Nakuru, Kenya

There is nothing wrong with discussing your contract with your students. As the possessive pronoun "your" clearly implies, it is "your" contract; you can discuss it with anyone you want to discuss it with. Unless the contract has a clause that specifically requires confidentiality, the employer, and of course no one else, has any business telling you otherwise.

Lobster · Posted: Fri Jun 24, 2011 1:25 pm Post subject:

I'd never discuss my contract with anyone except my employer and my wife. Certainly never with students or co-workers unless you really want to aggravate your employer! Even though I say "my" contract, it's really "our" contract.

If your contract has one of those dispute resolution clauses, you could demand third-party arbitration through the local labour bureau.

The whole affair of return airfare is a headache for many. Avoid it by insisting on a clause that provides a set, tax-free amount in lieu of airfare. You may support your claim with quotes for 3 tickets or just make it reasonable (e.g. 8-10k).

RED

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

it might just be me, but i think tacoeater was employing sarcasm when talking about discussing contract w/students. not to be taken literally. Hopefully some members of this forum are not that thick.

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

Could you mention that their lousiness will get them mucho negative coverage on teachers forums.
The school ain't saving money. That FAO guy is pocketing what he screws you for.