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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 4:37 am Post subject: Problem with my job. What are my options? |
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Hello all, I'm in a difficult situation and would appreciate some advice from those that have been here.
I teach at a private school in Baotou, Inner Mongolia and am having major issues with them. Among flat dishonesty and poor treatment, they are breaking the terms of my contract. I'd like to get out, but also do the right thing.
When I was hired, it was told that I would be teaching all of my classes at the school that hired me, when in reality I am basically wh*red out to anyone they can get a contract with. I teach at all kinds of schools all over the city from 9am to 9:30pm.
2 of these schools though, I like a lot and both have indicated that they would like to hire me to work for them after my contract is up, and one has even gone as far as to present terms to me. They both really want me to teach for them, and would without a doubt cancel their contracts with my school if I were to leave.
Can I void my contract and go teach at these schools on my own? Keep in mind my current school is breaching my contract. Additionally, it turns out that my school is not even legally able to hire foreign teachers, and my residence permit is from Shanghai, where I had to sign a shady lease on some apartment I've never even been to in order to prove I live there. My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
If I can't go teach at the schools I like in the city, what happens if I buy a plane ticket and cut my losses? Will I be blacklisted from China or something? Can I report my school to anyone for running an illegal school? Thanks very much for any help and please ask for any clarification. |
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Zimmer
Joined: 26 Oct 2011 Posts: 229
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Posted: Thu Nov 17, 2011 5:15 am Post subject: |
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| Could the new school get you a visa ? That would be a make or break thing for me. |
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roadwalker

Joined: 24 Aug 2005 Posts: 1750 Location: Ch
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Posted: Thu Nov 17, 2011 5:26 am Post subject: Re: Problem with my job. What are my options? |
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| Laxmatt wrote: |
Hello all, I'm in a difficult situation and would appreciate some advice from those that have been here.
I teach at a private school in Baotou, Inner Mongolia and am having major issues with them. Among flat dishonesty and poor treatment, they are breaking the terms of my contract. I'd like to get out, but also do the right thing.
When I was hired, it was told that I would be teaching all of my classes at the school that hired me, when in reality I am basically wh*red out to anyone they can get a contract with. I teach at all kinds of schools all over the city from 9am to 9:30pm.
2 of these schools though, I like a lot and both have indicated that they would like to hire me to work for them after my contract is up, and one has even gone as far as to present terms to me. They both really want me to teach for them, and would without a doubt cancel their contracts with my school if I were to leave.
Can I void my contract and go teach at these schools on my own? Keep in mind my current school is breaching my contract. Additionally, it turns out that my school is not even legally able to hire foreign teachers, and my residence permit is from Shanghai, where I had to sign a shady lease on some apartment I've never even been to in order to prove I live there. My visa so far has cost me over 8000RMB, when I was told it would cost a fraction of that.
If I can't go teach at the schools I like in the city, what happens if I buy a plane ticket and cut my losses? Will I be blacklisted from China or something? Can I report my school to anyone for running an illegal school? Thanks very much for any help and please ask for any clarification. |
8000RMB? Do you mean including airfare? If you are from the US, it should be a bit over 1000 RMB and much less from other countries. Once you enter China, the costs of obtaining a residence permit are generally all covered by the school, unless you did something to screw up the process and then you probably should cover that portion.
There are schools that skirt the laws because that's the way things are done locally and still treat the foreign teacher ok. But it should be a red flag when they ask you to participate in signing fake documents.
Options:
1 Fly home and cut your losses.
2 Go find "your" apartment in Shanghai, live there and pick up work locally. (still probably not legal, but at least you are living where you are registered.)
3 Ask the two schools a) are you able to hire foreign teachers legally? If they answer to your satisfaction, then ask them to intervene on your behalf with the school that is cheating you. Perhaps one of them can convince the school to terminate your contract and write you a release letter stating that you have fulfilled your obligations to the contract.
4 Complain to the Shanghai PSB that you were tricked into signing the wrong papers and that you are actually working for a unauthorized school in Inner Mongolia. You could be fined and will more likely than not be given a day or two to pack your things and exit China, and possibly put on a blacklist. Or they might be helpful.
Except for option 4, I really doubt you will be blacklisted by a school that has no license to hire foreigners. The problem is if you want to transfer before the end of the contract, even alleging breach, you should have a release letter (with red seal) from the current school, so the next school can show the government that they aren't interfering with someone else's contract.
If it's not unbearable, you might want to finish out. If they are bleeding you of money, as you suggest regarding the 8k for visa, or the work conditions are terrible then demand the original working conditions agreed upon. If they refuse or try to bully you, then just leave, it could get worse. |
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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 5:34 am Post subject: |
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The 8k does not include my airfare to China. I flew to Shanghai and there was some issue with the visa (probably because it is all shady and illegal) and then had to fly to Hong Kong to get it sorted.
I think the new school can legally hire foreigners and will ask them.
If I take option 1 and just cut my losses, can I still return to China in the future?
Thanks again for the help. |
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Non Sequitur
Joined: 23 May 2010 Posts: 4724 Location: China
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Posted: Thu Nov 17, 2011 6:29 am Post subject: |
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Can't quite grasp if the new school has foreigner hiring rights. It would seem not if they are sub contracting you in from Employer A.
When I've had to walk I've found the new employer is most help.
Not sure about roadwalkers airfare ideas.
I fly in from Australasia and a return by Cathay/Dragon to say Qingdao is just over 10000RMB.
Back to OP. With all that commuting to other schools have you ever worked out your pay per hour devoted to the job(s)? Perhaps better not  |
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igorG
Joined: 10 Aug 2010 Posts: 1473 Location: asia
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Posted: Thu Nov 17, 2011 7:21 am Post subject: |
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I would assume the other schools that hire a school to provide FTs do not have a permission to hire FTs. Otherwise, they'd hire their own.
If my assumption is correct, it'd be pretty difficult to make such a switch given the circumstances and the fact the schools aren't far from each other. The school that offers FTs makes money out of it, doesn't it?
If i liked that area of the country and if i really wanted to stay there, i would probably stick with the current employer and wait it all out. Perhaps, the other schools will get some sort of a permission to hire FTs there later. I sure would not risk p*ssing the employer in town with a permission to hire FTs.
Having said that, however, it seems the OP's employer may not have all the licensing in tact and his/her practices are, to my knowledge, against the Chinese regulations. As far as i know, you can only work on premises of the institution/school with the licenses. Therefore, if i were the OP, i would further investigate this and perhaps get some of the local officials on my side, although this is an almost impossible task in the country that's as corrupt as it can get. |
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Laxmatt
Joined: 05 Apr 2011 Posts: 27 Location: USA
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Posted: Thu Nov 17, 2011 8:39 am Post subject: |
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Yeah I've worked out the pay per hour after including travel time (which I was never told about in the first place) and its depressing.
I don't care either way about the city in particular, but I do like the 2 schools that have offered to hire me. I am subcontracted, but since my school doesn't even seem legal does it matter?
Main question is still, can I come back to China if I cut my losses and go home now for awhile? |
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igorG
Joined: 10 Aug 2010 Posts: 1473 Location: asia
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Posted: Thu Nov 17, 2011 9:37 am Post subject: |
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| I don't think you'll have troubles coming back unless into the same town. Well, even there i suppose would be probably ok after a while. You'd have to apply for a visa outside China though. |
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Kiwi303
Joined: 20 Nov 2010 Posts: 165 Location: Chong Qing Jiao Tong Da Xue, Xue Fu Da Dao, Nan An Qu, Chong Qing Shi, P. R China
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Posted: Thu Nov 17, 2011 9:45 am Post subject: |
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