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Q: Employer not paying me... what's next?
Hey guys, the foreign teacher staff received an email from the "foreign
affairs" department with the school, that works closely with school management and is in charge of payroll:
"Dear All,
I am sorry to inform you that the school doesn't have enough income to pay your salary on time now. Maybe will be paid at the weekend. And also I will leaving soon..."
Some backstory:
- Last month, the owner had to borrow money from his friends in order to pay foreign staff, and we were a week late in being paid the full amount
- The Chinese staff have not been paid for the month of July (I'm not sure why they haven't quit)
- At the end of one foreign teacher's contract, the owner did not pay her the 20,000 rmb that was owed to her.
- Receiving our pay late is a direct violation of the contract that we've signed and has become increasingly difficult to obtain. In September, we were paid with cash directly from my manager which came from the tuition of the students that same day.
- Chances of being paid by the weekend (like the email states) is extremely slim considering the accounting department at the school doesn't work weekends, nor have we ever been paid on Mondays or Tuesdays (our days off).
My question was:
1. What do I do now? I've emailed the Foreign & Oversea Chinese Affairs Office in my county and am awaiting a response.
2. Should I work anyway? The owner has previously "punished" staff for refusing to work under these same conditions
3. What can I expect the foreign office to do?
*I work in the Zhejiang province
Appreciate the help,
Cheers
9 years 27 weeks ago in Business & Jobs - China
if you are legally employed on a 'Z' visa go to your local SAFEA office immediately.
do not delay
type SAFEA in the search bar above to find your local office.
as your employer has breached contract (not that they are worth much in China) you are not under any obligation to fulfill your side any more.
Document ALL communication with your employer for evidence.
if you are not legally employed, well, say goodbye to any owed salary and next time work on a 'Z' visa.
You are liable to deportation (worst case scenario of course) if you try to get what is yours and create a drama.
Englteachted:
Sorerel is right, leave ASAP. Contact SAFEA work out a plan to leave immediately. You will not have to pay the penalty because they broke the contract.
The school thinks it can do this to you, and probably knows more about the legalities and connections with police and so on.
There is a chance that you'll get full pay later on, since they were at least courteous enough to inform you beforehand of the issue and their planned absence. Though the wording of the message did nothing to alleviate your fears, if that was the intention.
They may be unsatisfied with you, and do this as a way to provoke you into leaving. In which case, you will be blamed for any collateral damage after you depart. If they do this, it's probably better to leave, because things will not improve unless you improve.
Whatever the reasons, outcome and visa situation, this isn't the best school to rely on for income payments. Make an exit sooner rather than later.
Thanks for the advice guys,
I'll follow up with Sorrel's comment and check in with the visa office asap.
Also, I am legally allowed to work here in China, I have my Z visa.
It's unfortunate to get so messy with my contract expiring in December, but I appreciate
the comments.
Have you guys had anything similar happen to you? What was the outcome?
Cheers
coineineagh:
Not to me, but the company screwed over a 2nd FT they brought over from the USA. She was 56 and looked older - what were they thinking? She got blamed for the children not liking her, and I was used in the comparison. But I'm more experienced with the teaching, younger/more appealing, and more familiar with the students. She was fresh off the boat, trying to do serious western-style teaching, which is not understood as teaching in a Training School-slash-Children's KTV. They pushed her to leave by only paying 70% salary, so she left. She's back in the States now, enjoying her garden. Lucky for the school she didn't really need the cash, and couldn't be bothered to make work of the contract breach.
Shining_brow:
If your passport has the right to work in it, then don't bother looking there for anything.
You should look in your FEC (Foreign Expert's Certificate) book for who is the sponsor of said Work Permit (Z visa). If it's not your school, could be an issue legally! (speaking of which, please tell us city and name of school!!)
2 options. If you are on a working visa stop working and go to the SAFEA with your contract and passport and explain the situation, don't call them or send an email, walk straight into their provincial office and request to speak with an agent in charge of foreign affairs, they will force your employer to pay you, even if he must sell the school to do so. If you are on a business or tourism visa I am sorry to tell you that there is nothing you can do, any complain to the SAFEA will be met with "you are illegally working in China, we can't help you" answer. Good luck.
Look for another job... I'd actually suggest doing this before going too official, cos I reckon that as soon as SAFEA is involved, you won't have a job - and the boss just might take his sweet time in paying you (at least, string you along a bit!) If you don't have enough saved up for between jobs, you could have an issue here...!
However, if you're fine for money, then yeah, just leave. (granted, if you've been on a 1-year contract, and you've only got 2 months to ride out, meh... maybe you might want to stay..)
Contact SAFEA (Foreign Expert Bureau) in Zhejiang, and explain them the problem you have.
Type 'SAFEA' in search above, for their contact no. from 'SAFEA address' thread.
When you'll call or visit SAFEA, ask them for help and advice.
SAFEA will mediate your troubles at the School, so listen to SAFEA's advice. Most likely, your employer will pay your salary immediately.
No Chinese School wants to have problems with Government agency.
Find new employer, because your employer is in contract breach, what warrant quitting your present school, and keeping your RPermit intact.
Your new employer will be able to extend your present RPermit, without you exiting China.
Type 'Helen' in the search above for more threads about similar subject as yours.
If you have your visa and you know that everything is legal,then you can do something.. but don't expect too much because you are in china... These things happen and will continue.. Find another Job as soon as possible.
YOU NEED TO UNDERSTAND FIRST IF YOU'RE WORKING LEGALLY AS A TEACHER IN CHINA.YOU MUST HAVE A FOREIGN EXPERT CERTIFICATE(BLUE) TO BE ABLE TO TEACH IN CHINA AND NOT THE WORK PERMIT(BROWN) TOGETHER WITH YOUR RESIDENCE PERMIT IN YOUR PASSPORT. AND THESE MUST BE PROCESSED FOR YOU BY THE SCHOOL YOU'RE WORKING FOR PRESENTLY. THAT IS THE SCHOOL THAT REFUSES TO PAY YOUR SALARY. IF THIS IS SO,THEN YOU HAVE EVERY RIGHT TO CONTACT THE SAFEA AND YOU WOULD GET YOUR SALARY AND EVEN THE SCHOOL MIGHT PAY YOU 2 MONTH SALARY MORE AFTER YOU MUST HAVE LEFT THE SCHOOL. THIS IS IN ACCORDANCE TO CHINESE LABOR LAW.
HOWEVER,IF YOUR CASE IS NOT IN LINE TO WHAT I STATED ABOVE , YOU HAVE NO CASE AT ALL AND IT'S BETTER YOU LEAVE THE SCHOOL WITH NO DRAMA AT ALL. BUT IF YOU'RE READY TO GO BACK HOME,YOU COULD TALK TO SAFEA AND SINCE YOU HAVE A COPY OF THE CONTRACT WITH YOU AS EVIDENCE , YOU WOULD GET PAID IF YOU CLAIM IGNORANT TO THE FACT THAT YOU DID NOT KNOW MUCH ABOUT VISA STUFF REGARDS WORK IN CHINA IF THIS SCHOOL DID NOT PROCESS YOUR FEC(IF YOU HAVE) AND RESIDENCE PERMIT. YOU CAN GET PAID AND IF YOU'RE LUCKY,YOU WON'T BE DEPORTED.IF YOU'RE DEPORTED AND BLACKLISTED,YOU CAN'T COME TO CHINA IN THE NEXT 5YRS.
THIS IS MY 11TH YEAR IN CHINA AND I KNOW THIS FOR SURE!
GOOD LUCK!
dokken:
couldn't be bothered to read that because of the caps. hurts your eyes
It seems like you need a lawyer.
JulieShen:
I see... My childhood English tutor from Canada had the same problem 5 years ago. His boss failed to pay him, what's worse, he lost all his investment in China too. But because he was working illegally, he never got his money back. I wish you with good luck. I faced similar problems when I was working in New Zealand, it's never easy to live overseas.
ironman510:
My friend tried a lawyer but to talk to one cost Y5000. so sick
JulieShen:
Your friend was overcharged.In most of Chinese law firms,consultations are normally free.They are not going to charge you until you sign a commission contract.And the price is normally about 2%~10% of the money you want to get back. if it is not a big issue,don't go to the fancy big law firms, take an English fluent friend and go to several small law firms, consult and compare the price.
Hey guys
Just an update,
I refused to work for 1 class and ended up getting docked 1000 RMB in the process
(new school policy that I never agreed on).
However, I did receive the rest of my salary.
The foreign affairs went to the school and spoke with the owner in regards to not paying staff on time. The owner is basically smeared foreign staff. Stating that late payments
is because the school has no money, due to students not enrolling or leaving. And this is because of poor teachers.
Moreover, I had to get the foreign affairs involved again this month because of the same reason! and the smearing continued. This is my final stretch with the school, my contract is up on December 26th. Things haven't got much better.
I encourage all of you to at least know the foreign affairs contact number for your province as well as WORK HERE LEGALLY. All of these resources would be unavailable to me if I worked here illegally, and I doubt a lawyer could do much for the same reason.
Good luck,
Happy holidays
Make sure when your contract is finished that you get the release letter and canceled FEC.
you should also get a reference but it sounds like your employer might not give you a good one (try for one anyway)
ask for these 3 things asap by email
if they give you a reference in Chinese, get a trusted local friend to translate for you to be sure of its contents.
Keep the Foreign Affairs office notified that you are requesting these things - your employer is legally obliged to provide them and they are needed if you want to stay working legally in China
