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anonymous
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Q: Breaking a contract after three years of service - advice needed.

My boyfriend and I have been at our school for several years. My contract ends this September and we'll be taking this opportunity to get new visas with a different company in Beijing. We gave our schools the heads up yesterday that we'd be leaving and hope to at least get my visa sorted before the middle of September and that my boyfriend will hang around until they've at least replaced us with one more teacher until Oct. 1st. He'd be breaking his contract, but due to his loyalty and contract violations from the school (housing, pay issues, the usual), we figured it'd be tough to get release letters, but it would get done.

 

What is the worst that can happen? Can the school actually not give us our release letters or do something notoriously shady? We're both pretty valuable to the school since we have a high student retention in our three years of service to them.

 

Any advice helps!

9 years 35 weeks ago in  Visa & Legalities - China

 
Answers (5)
Comments (7)
Posts: 4421

Emperor

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First I just wanna say you're a smart girl, I like people who plan in advance and consider what could or might happen to them in China. You're intelligent.

Here's an intelligent answer to your question:

If you and your BF have followed all of the resigning policies that the contract has stated then the school might pout amd make a fuss over you leaving but they must give you: 1. Release letter. 2. Canceled copy of your FEC and 3. A recommendation letter (this letter is useful make sure you get it.)

Now IF the school or company doesn't corporate, then all you have to do is go to your SAFEA office, one phone call by them and the school will give you all the correct documents.. So don't worry, that's what SAFEA is for, but you need your contract or a copy sometimes, bring a Chinese address of the schools and name, Chinese management names, not English ones.

But I'm betting you guys will be fine, all schools fuss when they are about to lose good employees.

Let us know the results please.

monicasweintraub:

Thank you so much for the advice! I will definitely let you know the results!

9 years 35 weeks ago
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Almost:

You may want to look at this Missy...

 

http://eslwatch.info/china-2/about-the-law-china/12172-cftu-china-law-update-how-to-legally-break-your-china-foreign-teacher-contract-without-penalty-loss-of-visa-nor-pay.html

9 years 28 weeks ago
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ironman510:

Missy? ah ok, another arrogant gossiping fool. tsk tsk tsk.

9 years 28 weeks ago
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9 years 35 weeks ago
 
Posts: 916

Shifu

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Good teachers are hard to come by in China. I see very few teachers who are dedicated, hard working and put the needs of kids' education first. What happens is that the schools don't treat them well enough for them to stay. Perhaps you guys are leaving for some other reasons but I've come across schools that don't pay enough to retain good teachers. It's only when they want to leave that more pay is offered. By then it's already too late. Being in administration, I know how much my school makes each semester. Although they say that it costs a lot to employ foreigners to teach, the overheads are relatively low compared to what they charge per student. I'd say that most schools haven't yet know that it's penny wise, pound foolish when they sting on good teachers. 

sorrel:

i have worked with some VERY professional teachers who, like myself, are serious about the students education and put a lot of time and effort into preparing classes, holding CELTA's or teaching degrees, along with years of experience.

However, it is the staff/employer that causes most problems by either undermining the teachers within the classroom or by treating them in a cavalier fashion outside the class-room. My first University actually had the **** to try and reduce salaries, causing all FT's to leave.

The result will be, good teachers will leave to follow the salaries, and schools will end up with newbies, most of whom don't either have the skills or experience to teach. Employers will then congratulate themselves on their cleverness on their increased profits while at the same time justifying their lower salaries on the inexperience of the teachers.

This cycle will continue on until someone connects the dots between FT's experience, salaries and English standards of the students. 

9 years 35 weeks ago
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9 years 35 weeks ago
 
Posts: 3269

Emperor

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You should focus on the employer's previous breaches of contract. By declaring the contract already broken by the employer, you commit no wrongdoing on your part.
Timing is important. You need to call attention to unaddressed problems in the here and now, not forgotten/tolerated things you mentioned months ago. Although you can bring those up later as additional breaches or contract, strengthening your case.
You told them you're leaving to pursue another position; that was a mistake. You should de-emphasize the importance of this other job, so that is is a *side-effect* of the breach of contract, not the *cause* of it.
As stated, if you are in legal employment, it is important to get SAFEA involved in your contract-breach claim. If you don't, don't expect to get anything from your employer when you leave. You may even have problems getting a new job if you didn't get a release letter. The SAFEA registration system is national, and you need a release letter to be re-employable.

monicasweintraub:

Thanks for the advice. Much appreciated. Is there a specific SAFEA I need to contact depending on the area of China I'm in? Do you know anyone who has used SAFEA for this type of claim and had positive results?

Update! I see now there are branches for each province/city. But if you do have feedback from someone who has used their services that would be nice. Thanks!

9 years 35 weeks ago
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coineineagh:

I'm afraid that's all I know of such dealings. Someone with Chinese legal experience will help you further, hopefully.

9 years 35 weeks ago
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9 years 35 weeks ago
 
Posts: 48

Governor

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First, you must not be so upfront and forthright with your employer regardless of how close you are or how loyal you've been. Do not divulge your real reasons for wanting to leave. The only really acceptable reasons for breaking your contract in China are 1) pressing family emergency or issue or 2) pressing health issue. Forget any guff about professionalism in teaching, lack of support, loyalty, standards, qualifications, experience or anything else. Although these MAY have contributed to your desire to leave, control the urge to unload your true thoughts on your employer. They do not give a fat rat's backside about any of these things. Also, do not raise the issue of previous breaches of contract. Don't try to be righteous. The only valid reasons in China are family and health. Forget lawyers and SAFEA as a first resort. You should go to your employer and be very polite, calm and collected and inform them, convincingly, about your pressing family or health issue that compels you to break your contract. Don't raise any other issue during this meeting that will make them uncomfortable and give them cause to think you are leaving for any other reason. For your sake, it also helps if you can help them find a replacement teacher quickly.

iWolf:

Now there is some practical advice!! I agree wholeheartedly. If you go the logic or legal track there will be some sort of fall out that will impact you either now or further down the track.

 

The only excuses that are not questioned in China are:

1. I have to return to my hometown (family emergency, family illness etc - will receive immediate and unquestioned approval from any authority)

2. I have something to do (only for social engagements -no questions will be asked about what you have to do)

3. I have no time (also for social engagements and again, no questions will be asked)

9 years 35 weeks ago
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9 years 35 weeks ago
 
Posts: 19790

Emperor

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Type SAFEA in the search bar above for address and contact no. in your city/Province.

 

SAFEA/Foreign Expert Bureau is the same office, where you got your FECertificate.

 

I call them on 2nd Contract violation, and they helped me few times to get all necessary docs. and last pay. 

 

If your Co. doesn't respect the Contract, you can walk away, and keep your RPermit intact. You need new RP sponsor/employer. Good luck!

 

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9 years 35 weeks ago
 
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