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t-dawg
Joined: 03 Oct 2011 Posts: 13
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Posted: Sat Dec 24, 2011 7:30 am Post subject: Contract revision and threats from my employer...help? |
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This is slightly embarrassing. I took a job in China at a school with a rather poor reputation, thinking that it might be OK for me, since I'm a fairly patient person and can often put up with poor management, and assumed that this job in China would be like many other bad jobs: Just put up with your employer's little foibles with a smile on your face, and do your best.
Well, I have been working for exactly one month, and my best is apparently not good enough. On my first week I worked the full hours stipulated in my contract ( 18 hrs), as well as the second, with very little training and no books or curricula to guide me. Some classes were better than others. Some left me grasping at straws, trying to think of subjects to discuss in the "informal oral English" classes, and struggling to maintain control in kindergarten classes full of absolute beginners and an ineffectual TA. Most classes were the "once-per-semester foreign teacher lessons" that each group of students got to supplement their English education. Aside from a single kindergarten beginner class, I have never seen the same students more than once. Anyway, following the second week, I was called to a meeting with my employer. She told me that I am a poor teacher, particularly in the kindergarten class, and that I am costing her money. She said that since two teachers are leaving in January I would have to prove myself before then, to be able to take on their course load, and that she usually gives a three-month grace period but since I'm smart I can get to be an excellent teacher in three weeks. Or go home, was the unmentioned threat.
I go to the weekly staff meeting and discover that I have had my hours cut by more than half...seven hours last week, four hours this past week.
Then, I get a call from the fellow who hired me, a foreign co-worker who I have seen perhaps three or four times since arriving. He said that my employer was very unhappy with my performance, and that I have to improve by Spring Festival. the consequences? Either being sent home, or being sent to a city three hours from here, where there are absolutely no foreigners.
I feel that I am being forced into a decision on this one. The teacher who was formerly working at the location 3 hours away was a drunk, and got deported last week. I believe that my employer is trying to use my "poor performance" as a way to push me into accepting to go to the other city. I met with my employer the following day to try to explain how I feel and that I am absolutely not interested in moving to the other location. She handed me a revision of contract terms, and wanted me to sign it. It stipulates that I either go to the other location in three weeks, or I go home. I asked for the weekend to consider it.
I came here because I liked the sound of the city. And I have not been disappointed...I have made some amazing friends from all over the world, I have a Chinese boyfriend, I'm learning Mandarin, and having the time of my life. And I really don't think that I am a very bad teacher.
So, what I need is advice. I have been informed by other foreigners in town that the other two English schools would be happy to have me, but I'm not sure about working visa transfers and the mechanics of the thing. My employer actually held my passport (and my working visa) until this week, which made me extremely anxious. She still has my residency permit. I do not have enough money to pay the breach of contract penalty, having spent the better part of my savings getting here and settling in, nor do I have enough money to return home. The revised contract will not come into effect until I sign it. I do not want to sign it so long as is stipulates that she can send me to the other city. I would rather have her sign my release letter and give me the freedom to take another job.
Any ideas would be greatly appreciated. This is my first job in China, and I know that you usually need a reference letter to change employers. In this situation, I get the feeling that it would be impossible. I have been given until Spring Festival to show an improvement, but I actually have no scheduled classes next week, which further leads me to believe that I am being set up. I intend on visiting the other schools on Monday to drop off resumes and discuss employment. Should I try to get my ducks in a row before the end of my "probationary period"? Should I start looking at apartments? How fast can my employer cancel my work visa?
Merry goddamned Christmas, everyone! |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sat Dec 24, 2011 7:49 am Post subject: Re: Contract revision and threats from my employer...help? |
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t-dawg wrote: |
My employer actually held my passport (and my working visa) until this week, which made me extremely anxious. She still has my residency permit. |
Are you saying that you have your passport in your possession right now? If you do then your employer can't be holding your residence permit because the residence permit should be stuck inside the passport. It looks just like the Z visa you would have obtained previously but says "Residence Permit for Foreigner . . . " at the top. What kind of visa did you arrive at this school on? Did you do a health exam on arrival at your school? Were you told the residence permit was being processed at the local PSB? etc etc . . . Anything other than a Z visa followed by the residence permit means you're working illegally (and your boss has employed you illegally). The way you've described your situation it sounds like you don't have the proper documentation. |
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t-dawg
Joined: 03 Oct 2011 Posts: 13
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Posted: Sat Dec 24, 2011 7:54 am Post subject: |
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No no, I have proper documentation. I am here on a Z-visa, and have obtained a 1-year residency permit. I got my passport back this week after asking about it for a month since it was processed at the police station. Perhaps I have my wording wrong...the visa is indeed pasted to the inside of my passport. I am referring to the little red residency permit that comes in a passport sized book. |
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dean_a_jones

Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China
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Posted: Sat Dec 24, 2011 8:23 am Post subject: Re: Contract revision and threats from my employer...help? |
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t-dawg wrote: |
I feel that I am being forced into a decision on this one. The teacher who was formerly working at the location 3 hours away was a drunk, and got deported last week. I believe that my employer is trying to use my "poor performance" as a way to push me into accepting to go to the other city. |
That sounds like a reasonable conclusion. You mention a 'probation period', during which your employer can just let go of you. Is it also the case that you can terminate the contract during this period?
You need a release letter from your old school to transfer your RP to a new school. Do you have good connections with these other institutions (or a teacher there), and are they bigger or more prestigious that your current school? If so, then you might be able to get them to help put pressure on the old school for the letter if they were to offer you a position.
Unfortunately, you other option might be finding a job elsewhere (perhaps another province) and going to HK to get a new Z visa and start over. Maybe some others will have some better ideas.
Whatever you end up doing, make sure you choose your next employer more cautiously. |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Sat Dec 24, 2011 8:31 am Post subject: Re: Contract revision and threats from my employer...help? |
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t-dawg wrote: |
I do not have enough money to pay the breach of contract penalty, having spent the better part of my savings getting here and settling in, nor do I have enough money to return home. |
The ideas posted above are about as good as it gets.
If you haven't thought about it already your first priority starting now should be saving some money in an emergency fund. Being broke and stuck in a job you hate in a foreign country isn't an enviable position. There are stories on this forum similar to yours (some worse) and they almost always have a bad ending. |
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t-dawg
Joined: 03 Oct 2011 Posts: 13
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Posted: Sat Dec 24, 2011 8:38 am Post subject: |
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I have a credit card with nothing owed on it, if worst comes to absolute worst. I have been paid for a single week's work back in November, and am scheduled to be paid for December's work on the 15th of January. I have enough for travel expenses within China if need be, and my time socializing hasn't been a waste of time...I have friends in the local police department, friends in good standing at other schools, and access to a lawyer that other foreigners here have used in the past. I just hope that it doesn't come to that.
Ideally, I would prefer to simply switch to the other school here in town and be done with it. I'm going to try my best! |
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t-dawg
Joined: 03 Oct 2011 Posts: 13
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Posted: Sat Dec 24, 2011 8:40 am Post subject: |
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Oh, and about probation...There was no mention of it in my contract, solely in the "revision of terms" notice I was handed, and have chosen not to sign. The probationary period agreed upon in conversation before I started was three months, which I am obviously not being given. |
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askiptochina
Joined: 26 Feb 2010 Posts: 488 Location: Beijing
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Posted: Sat Dec 24, 2011 8:54 am Post subject: |
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I don't see much of a problem with the school or what you have experienced. It seems like they expected a female teacher to bring in more students, but being out in the country the numbers are pretty stagnant.
This past summer, the school that hired me kept telling me how to change my lessons to non-teaching methods. They were more interested in getting more students than me actually teaching. They sold Side by Side books to elementary school students, when Side by Side is more geared for adults. I had to change examples in the book to fit younger children. Then, for middle school classes, the students had Interchange and had to compare living in different cities. How on earth would a middle schooler know the differences? Parents seemed impressed that their child was taking the course, but after signing up, they didn't care to read the book that was too advanced. They just wanted to play word games on the board.
The ones going into high school, and some I teach now, refused to do any writing because they were told it was a speaking only class (in the summer). Sometimes you got to wonder why they sign up and then put zero effort into the actual learning process.
Get your letter of release, find a new school. |
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t-dawg
Joined: 03 Oct 2011 Posts: 13
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Posted: Sat Dec 24, 2011 9:29 am Post subject: |
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askiptochina wrote: |
I don't see much of a problem with the school or what you have experienced. It seems like they expected a female teacher to bring in more students, but being out in the country the numbers are pretty stagnant.
This past summer, the school that hired me kept telling me how to change my lessons to non-teaching methods. They were more interested in getting more students than me actually teaching. They sold Side by Side books to elementary school students, when Side by Side is more geared for adults. I had to change examples in the book to fit younger children. Then, for middle school classes, the students had Interchange and had to compare living in different cities. How on earth would a middle schooler know the differences? Parents seemed impressed that their child was taking the course, but after signing up, they didn't care to read the book that was too advanced. They just wanted to play word games on the board.
The ones going into high school, and some I teach now, refused to do any writing because they were told it was a speaking only class (in the summer). Sometimes you got to wonder why they sign up and then put zero effort into the actual learning process.
Get your letter of release, find a new school. |
I'm basically in that boat too. The kids are learning Newtop English, which is definitely geared towards adults, and is absolutely awful. The Newtop classes are mostly memorize-and-move-on. I get kids asking me on a daily basis if I would like milk in my coffee.
The school definitely has it's share of issues, beyond my personal problems. I can never get the materials I request, including books. When I ask about things like age level and language level I get brushed off, or told to "just have a free discussion for an hour". My classes change at the last minute all the time, so even if I have a lesson plan prepared and ready to rock, I arrive and discover that the kids are either well above or well below the level I was prepared to teach, or have absolutely no interest in the subject matter.
Last night, for example, I was given an oral English class. My employer wanted us to "teach Christmas". I arrived in the class with some Christmas songs, games, and stories, only to discover that my students were actually women aged 25+ and had absolutely no interest in it. They were absolute beginners, still working on remembering the alphabet, so everything I said had to be translated by a TA. One girl whose English level was well above the rest asked me if I could teach her "dirty bedroom words" so that she could have better sex with her foreign boyfriend! It was so awkward...but I will never see those women again. I never have the same class twice, with the exception of the kindergarten class. (which I never seem to manage well enough to suit my employer, even when I think I'm getting really good results. )
We also teach at the local middle schools during the week. The classes are short but the kids are absolute terrors, and there's far too many of them to keep firm control. Maybe 10 out of a class of 60 will pay attention, and maybe 5 will retain anything.
Despite all of that I was willing to hang in there, since this city is totally bomb. But if my employer wants to send me to another city, I don't think I can sign that contract amendment. I just need to figure out what I need to do to get a different job, and maybe what kind of bargaining chips I have on my table to work with.
Thanks for sharing your views! |
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Zimmer
Joined: 26 Oct 2011 Posts: 229
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Posted: Sat Dec 24, 2011 10:17 am Post subject: |
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Whatever you do, bear in mind China shuts down over Chinese new year which is coming really soon. This will mean any visa stuff won't be dealt with during that time so if you do get another job they may not be able to get you legal until sometime in February.
Good luck with your situation, hope it works out OK. |
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Baozi man
Joined: 06 Sep 2011 Posts: 214
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Posted: Sat Dec 24, 2011 1:23 pm Post subject: |
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First off, lose the boyfriend. You are nothing more to him than a trophy or visa. I'm sure you won't but down the road, remember you were warned.
Why not just take the other job? Your boyfriend interferring with your job decisions?
Very easy to "fall in love" in a strange country when you first arrive. Lugging around a half Chinese kid as a single parent not so easy.
Dirty bedroom words? I knew a American guy who spoke fluent tagalog. He got his start by asking his gf's brother about the various terms used in a bedroom setting.
Most people are interested in that kind of stuff. |
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Cairnsman
Joined: 22 Jun 2009 Posts: 203
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Posted: Sat Dec 24, 2011 2:07 pm Post subject: |
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Quote: |
Perhaps I have my wording wrong...the visa is indeed pasted to the inside of my passport. I am referring to the little red residency permit that comes in a passport sized book. |
1. Residence Permit For Foreigner is a visa-like sticker that is placed in your passport.
2. Foreign Experts Certificate is a blue, passport-size booklet that you will need (at least a copy of it) in order to change jobs.
3. Certificate Of Health Examination is a brown (some might say �red�) passport-size booklet which you don�t need to change jobs. |
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Opiate
Joined: 10 Aug 2011 Posts: 630 Location: Qingdao
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Posted: Sat Dec 24, 2011 2:26 pm Post subject: |
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Baozi man wrote: |
First off, lose the boyfriend. You are nothing more to him than a trophy or visa. I'm sure you won't but down the road, remember you were warned. |
While this may or may not be true....what do you expect her to do? I'd have to guess the overwhelming majority of foreigners here have zero interest in anything that is not young and Asian. Things are not different just because she is a woman are they?
So as far as that situation is concerned, I'll give her the same advice I'd give anyone (though it wasn't asked for).....do not use the Chinese condoms. Splurge and buy the French or other foreign brands.
To her job...
I think she should find a way out of that school. It sounds like an unappealing job with difficult management. If she can't find an elegant way out, she should not hesitate to hop to HK and start over as has already been suggested as a possibility. |
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Guerciotti

Joined: 13 Feb 2009 Posts: 842 Location: In a sleazy bar killing all the bad guys.
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Posted: Sat Dec 24, 2011 3:26 pm Post subject: Re: Contract revision and threats from my employer...help? |
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dean_a_jones wrote: |
t-dawg wrote: |
I feel that I am being forced into a decision on this one. The teacher who was formerly working at the location 3 hours away was a drunk, and got deported last week. I believe that my employer is trying to use my "poor performance" as a way to push me into accepting to go to the other city. |
That sounds like a reasonable conclusion. You mention a 'probation period', during which your employer can just let go of you. Is it also the case that you can terminate the contract during this period?
You need a release letter from your old school to transfer your RP to a new school. Do you have good connections with these other institutions (or a teacher there), and are they bigger or more prestigious that your current school? If so, then you might be able to get them to help put pressure on the old school for the letter if they were to offer you a position.
Unfortunately, you other option might be finding a job elsewhere (perhaps another province) and going to HK to get a new Z visa and start over. Maybe some others will have some better ideas.
Whatever you end up doing, make sure you choose your next employer more cautiously. |
In my opinion, Dean hit the bullseye.
Hong Kong may be your best friend for about a week.
If you know which school you want to work with, tell them you'll need some assistance to get a release letter. Start now because as another poster said, nothing happens during Spring Break.
It (obviously) sounds like they're railroading you into this job in the boonies and it most likely won't be any better than your current situation, so make your moves now. Any new teacher who actually writes lesson plans is worth a pound of gold - in my opinion. So take your class act somewhere else.
You can do it. Sorry about the mess, but you can rise above it. As you know, you can do better, but you must make a few sharp turns to get there. |
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Baozi man
Joined: 06 Sep 2011 Posts: 214
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Posted: Sat Dec 24, 2011 3:47 pm Post subject: |
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Opiate, First job, you kind of roll with it. But no, she's got to stay in that particular city. Why? Boyfriend have anything to do with it?
She's making a lot of trouble for herself by not moving. If she has a legitimate visa, the school has some things going for it.
Admittedly, I'm just guessing but my guess is that the Chinese bf has a lot to do with it. Otherwise it would be a no brainer for her to complete her contract and then move on.
"I came here because I liked the sound of the city. And I have not been disappointed...I have made some amazing friends from all over the world, I have a Chinese boyfriend, I'm learning Mandarin, and having the time of my life."
Sounds like she came here to party and now she's finding out she has to work. Boohoo! OP should consider that she is about to fall off a cliff. If that's the time of her life, I'll keep mine.
OP thinks she has friends in the police department? I suppose the boss of her school hasn't any friends? Already considering a lawsuit after a month or two? I'll give her the same advice an attorney here gave me, "It wouldn't be convenient for you, as a foreigner, to get involved in a lawsuit here."
She's almost certain to get stiffed on her pay as well, unless she agrees to take the countryside job.
Go girl!
Last edited by Baozi man on Sun Dec 25, 2011 12:12 am; edited 1 time in total |
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