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Q: why chinese employees don,t have to pay a compensation when they breach a work contract??
I just see some other foreigners work contracts and i if we breach them even though we notify a month in advance we have to pay some compensation. However, I know some chinese people change jobs really easy without paying any compensation just notify in advance.
because we are foreigners. we have to follow the laws and the contracts. locals don't.
there is no such thing as equal treatment under the law in china
For the most part it is unfair, however, we are not as easily replaced as Chinese employees. And generally we have a greater effect on their profits, so they really don't want us to leave before the contract is complete.
Chinese need to pay compensation as well.Take the company i work in now for example,the company delays to pay us till nearly one month later.That is,it pays us each month's salary on 25th in the next month.We need to send the director a resignation letter one month in advance before we leave.Or else,we'll lose one month's salary.Of course we can leave at any time,but it's not free.
SwedKiwi1:
I believe the above posters were saying that Chinese people don't need to pay compensation for a company provided they give notice. The difference then is that as a foreigner we will be expected to pay compensation no matter whether we give notice or not.
I have received compensation from three schools. One I had to go to court. The second to the FEB. The third caved as soon as a lawyer called them. That is the main reason I usually ensure the visas, etc are done right.
They will cave in, or you will win, if you have everything in order. That's one of the reasons they try to get teachers to work illegally, or trick them into doing so. Even though I am very careful about it, I have still been conned.
Unfortunately, many teachers can't call their bluff, because they are not working completely legally, or don't have the correct qualifications. That has also happened to me.
SwedKiwi1:
But what was the compensation paid for? Did they breach your contact?
It is nice to hear of someone actually winning over the cynical Chinese companies in a Chinese court anyway.
If your boss agree with the leaving, it will not need compensation. on the country, you need to pay. Most of the situation, chinese people when they depart each other, they want to keep good image of each other, this is why you did not see many.
Sophia, my boss wrote in the contract that if i leave even though i notice in advance I have to pay a compensation
It's called favoritism....if you knew history you'd know it had existed for many many centuries. It's not like someone is gonna roll over and let you scratch their backs for them. If I were you I'd forget about the compensation and book a ticket to California where the jacks don't stand on their heads and the pumpkins don't ooze slime!
