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Posts: 6

Governor

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Q: Can a employer terminate a contract without valid reasons?

I just got fired from a teaching job in a private school in Chengdu. The boss said it was because the parents were suspicious about my qualifications but I have 10+ years of experience. I suspect he is laying and he just doesn't like my face. Is it legal for him to terminate a contract? What do?

12 years 31 weeks ago in  Business & Jobs - China

 
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Posts: 19

Governor

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It is illegal, but as a foreigner in a foreign country, and the risk of termination of your visa, you're running against time, my friend... you're in deep shit, buddy...

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12 years 31 weeks ago
 
Posts: 650

Shifu

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It‘s illegal for sure, but what u can get is let's say at least one more month salary as Compensation if he wants u to leave now.
And yes, u need to run for visa if u still want to stay in China.

Good luck!

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12 years 31 weeks ago
 
Posts: 1006

Shifu

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A boss can find a 1000 reasons to fire you so take your lumps and get a new job ....

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12 years 31 weeks ago
 
Posts: 121

Governor

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If you have a foreign experts certificate you can contact the local foreign affairs office and ask for arbitration and if you win he must pay you the breach of contract fee. But, like Njord said, maybe you are better off just taking your lumps and moving on...

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12 years 31 weeks ago
 
Posts: 3318

Emperor

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They can fire you, but not cancel your visa. Get another job. Work on revenge later.

Kolbol:

I was under the impression if the employer provides the visa, it can also cancel it if you're fired...

12 years 21 weeks ago
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nevermind:

I spoke to a guy once who said he actually had a chinese lawyer look into it, and they can't cancel it. Could be BS, but that's what he said.

12 years 21 weeks ago
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12 years 31 weeks ago
 
Posts: 144

Governor

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Everything is possible in China dude, do not waste your time with him, find another job:)

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12 years 31 weeks ago
 
Posts: 110

Governor

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As is often the case in these situations, there is likely a clause in the smallprint of your contract that the employer can turn to to justify firing you.

Seems to me they would have to give a lot more justification than just a vague doubting of your qualifications...

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12 years 21 weeks ago
 
Posts: 3292

Emperor

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You say they were worried about your qualifications, but not whether you actually have the qualifications. Also, you have 10+ years experience in what? If you have the qualifications and your experience is teaching, there should be no trouble finding another job. Keeping the job is the problem in Chengdu.

In Chengdu, the pay and employers are terrible, and without the reccomendation letter from the school, it is almost impossible to get another visa now. So it would pay to be nice to the emplyer, so you can keep your visa while you look for another job.

If the employer doesn't give you a reccomendation letter, you will find it difficult to renew your visa in Chengdu. You will probably have to go to HK, which is quite expensive on a teacher's pay. If you decide to sue, you won't get another work permit in Chengdu. You might be better going to another city. Get a job first, sue later if you really must.

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12 years 21 weeks ago
 
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