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Changing jobs mid-contract?
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panman36



Joined: 04 Jun 2008
Posts: 48

PostPosted: Sun Oct 30, 2011 9:14 am    Post subject: Changing jobs mid-contract? Reply with quote

I'm about three months into my current contract. I'm unhappy here and I just got another job offer I'd like to accept. I'm wondering what exactly I have to do to change jobs? I'm guessing I'll need to have my residence permit transfered to the new school. Is that correct? Unfortunately, the new position needs me to start next week. What if my current employer won't cooperate? I'm prepared to pay the breach penalty of 15,000 RMB that's stated in my contract. Anything else I need to do? Thanks.
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MisterButtkins



Joined: 03 Oct 2009
Posts: 1221

PostPosted: Sun Oct 30, 2011 10:13 am    Post subject: Reply with quote

You could try being a man and not breaking commitments
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John9900



Joined: 16 Sep 2010
Posts: 22

PostPosted: Sun Oct 30, 2011 10:50 am    Post subject: Reply with quote

Sometimes it�s necessary for what ever reason�s to move to another place/job. Life�s too short to waste a year somewhere you are not happy at. Talk to both your future employer and current employer and see if you can reach an agreement. Don�t mention the 15,000 rmb penalty just yet. That should be your last card.
Technically to be allowed to change RP you need a release letter from your current employer. Talk it over with him and see his reaction. Then try to negotiate based on that. Don�t just pack up and leave. Giving a weeks notice is too little I think. That�s why try to talk with your future employer and see if you can delay it for some time. In the meantime negotiate with your current employer to release you from your contract. Be diplomatic and don�t lose your temper and see how things work out.
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panman36



Joined: 04 Jun 2008
Posts: 48

PostPosted: Sun Oct 30, 2011 11:23 am    Post subject: Reply with quote

MisterButtkins wrote:
You could try being a man and not breaking commitments


sure like my employers did with me Rolling Eyes gimme a break
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choudoufu



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

PostPosted: Sun Oct 30, 2011 11:33 am    Post subject: Reply with quote

don't expect to get a lot of sympathy.

you're planning to break a contract mid-semester and have stated
that you're 'unhappy.' any reason you can't stay until the end of
the term? if not, don't expect any cooperation from the school.

or are you saying your employer is not meeting the terms of the
contract?
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Sun Oct 30, 2011 11:40 am    Post subject: Reply with quote

If you're unhappy, it's likely that your employer is unhappy too and may be willing to terminate your contract.

Get all terms in writing. It's possible that you will need a new residence permit if you DO change jobs, even if the school is around the corner from your present place of employment.

One week is pretty short notice. Your proposed new employer can't possibly make you legal between now and when you would start a new job unless somebody were able to light a fire under the Powerz That Bee and make things move VERY quickly. Sometimes schools' head offices are located in a different city, and sometimes, the paperwork must originate at the school's main office.

Take a good, long look at what the new employer is offering and make sure that it can make good on its promises. You may find yourself in worse shape after you jump ship.

I think Mr. Buttkins' admonition merits comment. If your present employer is meeting all terms of your contract, you have a moral and legal obligation to fulfill the terms of your contract. However, if there is dissatisfaction on both sides of the fence, it may be advisable for you to hammer out a deal for your departure that is acceptable to both parties.
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panman36



Joined: 04 Jun 2008
Posts: 48

PostPosted: Sun Oct 30, 2011 3:12 pm    Post subject: Reply with quote

choudoufu wrote:
don't expect to get a lot of sympathy.

you're planning to break a contract mid-semester and have stated
that you're 'unhappy.' any reason you can't stay until the end of
the term? if not, don't expect any cooperation from the school.

or are you saying your employer is not meeting the terms of the
contract?


So it sounds like the best advice is to talk to my employer and try to get him to agree to release me... is that right? Would it be better to have my future boss talk to him or talk with him myself?

According to my contract there are three ways to terminate:

1. I die or it expires
2. give 30 days written notice
3 "During the contract time if the teacher wants to leave the work, he or she should pay 15,000 RMB for penalty caused to the school."

So if I pay 15,000 am I really "breaking the contract"? It sounds like a legit way out. Thanks to everyone for the help
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Sun Oct 30, 2011 3:50 pm    Post subject: Reply with quote

panman36 wrote:

So it sounds like the best advice is to talk to my employer and try to get him to agree to release me... is that right? Would it be better to have my future boss talk to him or talk with him myself?

According to my contract there are three ways to terminate:

1. I die or it expires
2. give 30 days written notice
3 "During the contract time if the teacher wants to leave the work, he or she should pay 15,000 RMB for penalty caused to the school."

So if I pay 15,000 am I really "breaking the contract"? It sounds like a legit way out. Thanks to everyone for the help


Wait. You mean that there's no breach of contract clause protecting you from your employer? If not, you don't have an SAFEA contract.
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panman36



Joined: 04 Jun 2008
Posts: 48

PostPosted: Sun Oct 30, 2011 5:11 pm    Post subject: Reply with quote

Miles Smiles wrote:
panman36 wrote:

So it sounds like the best advice is to talk to my employer and try to get him to agree to release me... is that right? Would it be better to have my future boss talk to him or talk with him myself?

According to my contract there are three ways to terminate:

1. I die or it expires
2. give 30 days written notice
3 "During the contract time if the teacher wants to leave the work, he or she should pay 15,000 RMB for penalty caused to the school."

So if I pay 15,000 am I really "breaking the contract"? It sounds like a legit way out. Thanks to everyone for the help


Wait. You mean that there's no breach of contract clause protecting you from your employer? If not, you don't have an SAFEA contract.


whoa now... what exactly is an SAFEA contract? any backreading I should do on this? How do I know if this is what I have? Does this change how I should proceeed?
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Non Sequitur



Joined: 23 May 2010
Posts: 4724
Location: China

PostPosted: Sun Oct 30, 2011 6:29 pm    Post subject: Reply with quote

Your new employer can be helpful - especially if he has any status.
But, have to say, you may need to toughen up.
A good proportion of FTs find that their early jobs are not true to label.
And then you realise you've been projecting Western norms onto China.
After that one approaches jobs with a 'risk minimisation' mindset rather than an 'aspirational' one
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panman36



Joined: 04 Jun 2008
Posts: 48

PostPosted: Tue Nov 01, 2011 8:49 am    Post subject: Reply with quote

I still haven't had the talk with my boss yet.

Another question: is my current employer absolutely necessary in the process of changing things over to the new school?

My new boss seems worried that he may "cause trouble" for me. Should I be worried? What could he do?
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Tue Nov 01, 2011 10:48 am    Post subject: Reply with quote

panman36 wrote:


whoa now... what exactly is an SAFEA contract? any backreading I should do on this? How do I know if this is what I have? Does this change how I should proceeed?


State Agency for Foreign Expert Affairs. Look it up.

You may not need one.
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xiguagua



Joined: 09 Oct 2011
Posts: 768

PostPosted: Wed Nov 02, 2011 5:06 am    Post subject: Reply with quote

I've changed jobs before, mind you I didn't do it midterm, I did it during the spring holiday. I decided I wanted to leave in about November but I did the right thing and finished the term. Then I simply sat down with my FAO and told him that I was unhappy here and it's effecting my classes and teaching and I would not be able to live up to their expectations if I were to remain there. They were understanding and gave me the release letter and all that jazz for my new job. They even didn't cancel my RP right away so I would have time to get it transferred to my new job.

I tried to give this advice to another FT I knew and he ended up just leaving on bad terms, the school cancelled his RP and he was forced to leave the country.
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Baozi man



Joined: 06 Sep 2011
Posts: 214

PostPosted: Wed Nov 02, 2011 7:02 am    Post subject: Reply with quote

Panman, As another poster suggested, "Be a man." Complete the contract you signed. Being willing to pay a 15,000RMB contract breach is an honorable but stupid way to fix your problem. You have no idea what your new situation is going to be. Changing jobs could put you in a bad light in the eyes of various authorities with whom you may have to deal in the future. Your boss is not the only person who has a hand in your destiny.

Why is your new opportunity so much better than the old one? Perhaps if you can explain that, I would better understand your plight.
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Miles Smiles



Joined: 07 Jun 2010
Posts: 1294
Location: Heebee Jeebee

PostPosted: Wed Nov 02, 2011 7:20 am    Post subject: Reply with quote

Baozi man wrote:
You have no idea what your new situation is going to be. Changing jobs could put you in a bad light in the eyes of various authorities with whom you may have to deal in the future. Your boss is not the only person who has a hand in your destiny.



Amen.
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