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Q: Is this a breach of contract?
Hi..So..If a certain type of insurance is requested or ticked within the contract, you believe you have it, then later you are out of pocket because you don't have it - is this a breach of contract?
Also, does it justify immediate parting of ways with an agency with a written letter?
(Spoke to them about it and it will cost me to set it up 50/50, the same price as my bill mentioned above, it should have been setup in September as per contract)
Any advice appreciated.
12 years 43 weeks ago in Visa & Legalities - China
If you have Residence permit and FEC, you should contact SAFEA in the city. It is the same office, where you got your FEC.
If you are in the smaller city, you will most likely need translator for interview at SAFEA. You can walk away from your School next day, and keep your RP. You will get right answers and help at SAFEA.
philbravery:
Isn't there a 10 day limit on the RP after leaving one school and starting another job?
icnif77:
No limits, as I know. I didn't read Chinese Law books. I am relying on my own experience. You can change schools immediately, if School is in Contract breach. SAFEA will help and support legally employed laowai.
ChengduPat:
Interesting and thanks, I have only just got my Z visa. was on F for a little bit on arrival. So RP is in the pipeline, handing over passpt soon. Nice to get confirmation it's a breach though. May negotiate. May leave. Thanks.
icnif77:
Every Contract contains obligations of two sides: A (school) and B (teacher). If one of the obligations on Contract is not met, that is 'Contract breach'.
Example:
- party A shall pay party B salary regularly by month;
If School doesn't pay your salary on time, School is in 'Contract breach'.
If it is clear in your contract that they are covering you for something starting from September, then they never did that then obviously it is a breach of contract. Contracts are upheld strongly in China when it is in their favour, things in the contract that are not in their favour need to be shown to them again and again otherwise they will breach it if you let them. Anyways, your situation now is that i would try vehemently to get them to pay, but if it is not that much money try to meet them half-way, otherwise the trouble of getting a new job and transfering your visa will surely cost you some money, time, and stress. And after all that, the new employer will not be much different than the previous one.
