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Q: Can a school legally charge a penalty fare for leaving a contract early?
I have worked for a school in Shenyang for a few months. I have become very very unhappy there, due to the bland curriculum, the poor treatment foreign teachers receive and the tyranny of the school principal.
My contract said that if I want to leave, I have to complete a three month notice period, after which I would have to pay a penalty fare of US$1000 for breaking the contract. If I refuse to pay this money, the school will not release my documents for me to transfer to another job.
Is this legal? I've heard different things from different sources and i'm very confused. Do they have a right to do this to me?
8 years 44 weeks ago in Visa & Legalities - China
You'll need Release letter and FEC Cancel Cert. to extend RPermit.
If you breach the Contract (terminate early without employer's Contract violations), you won't get both documents, and you must exit China for new Z.
As I understand, SAFEA is the right office for advice and judgments on the matter.
If you work on any other visa than Z/RP, Contract you signed isn't valid, so you can literally walk away.
Are you in a Training School?
how much longer is the contract?
if it is a couple of months or a few weeks, you can just suck it in and put it down to experience.
if it is longer, check your contract closely to see if they have breached it in any way.
while there are many things that schools do to 'make people unhappy' it is a good learning experience: maybe you could challenge yourself to make more of the curriculum - that is what a creative teacher would do.
if you are just going through the motions without trying, maybe you don't have what it takes to overcome the challenges of working in China - who knows?
Look on this as an opportunity to reflect on your approach to the job and your colleagues.
LukeDrower:
Sorrel - I admire your philosophy of making the most of a bad situation, but it's a little naive in my circumstances!
I've lived in China for three years and loved every minute until the last five months at this school. I've tried my best to rise to the challenge and tweak my lessons but I get thwarted at every opportunity by my manager. She truly is a tyrant. I've made the personal decision to move on and I have a job lined up for a much better position with more opportunities to develop my teaching skills. I think thats reasonable, and I was just asking for advice on my contract situation.
icnif77:
First of all, Sorrel's advice is sound, because you don't realize one fact: 'It is only your responsibility for most of the things, because you inked the Contract.' 3m Resignation notice? How could you sign that?
If you breach it, and walk away, you must exit China (return home) for new Z. Your new employer will probably have hard time to secure your WPermit, because you breached the Contract.
So, stick there till the end of the Contract, and you'll have no troubles to extend your Residence permit (stay in China) with another employer.
Unless you find employer's Contract violation, don't resign. Don't worry for penalty, but be concern about exiting China and troubles to secure new employment (Z visa) in China.
ironman510:
icnif77 is right, and I agree with both of them that you should ride out your contract, that way you'll have a good working history, don't turn into an ESL complainer, because once a complainer about your English teaching life in China than always a complainer you will be.. Be mature and just do whatever the boss requests that's within reason, what? Are you just gonna walk away from every job that makes you unhappy? Unless this legal school that got you a legal working visa is hurting you, threatening your life & family or forcing you to teach them about how good Japanese people are (and they are.) than man up and finish that contract boy!
Normally no, SAFEA rules that employment contracts for foreigners can be terminated by any of the parties without penalty. There must be a ligne about this in your contract.
I am glad to let you that if this is not the case your contract is illegal anyway so you can just walk away without any fear.
The only risk is your employer cancels your visa, but no penalty.
ironman510:
It wouldn't be that easy for him to walk away. What about the release letter? And they canceled FEC? That puts him in danger by just threatening to walk away.. The school can make up any story they wanted. SAFEA could help in some ways but it will be a tedious process..
Have they at any point broken their side of the contract? If so, and you have proof, report it to SAFEA in Shenyang. They have helped people I've known in the past. If you can prove that they've not upheld their end of the bargain, they can help you break the contract.
As far as I know that contract is illegal under Chinese contract law. Take your contract to SAFEA & get their opinion.
Contracts in English are useless and are mainly just a worthless piece of paper for you to have for the record.. The contract must be in Chinese, I've yet to see a Chinese contract and when I helped a new teacher from start to finish for his FEC and RP interview at the PSB I never saw a contract used, only the business permit, tax and license that allowed to hire foreigners.. Never saw a contract during the whole gig. So basically the school can do whatever they want with you, you're playing by their rules, and that's China for you.. I doubt very much that SAFEA can help you in this case..But let's pretend that SAFEA listened to your story, they will say: Hey you signed a contract agreeing to this termination policy. So of course it is legal, because you agreed to it.. I know getting a contract offer and the signing feelings good but you gotta read the fine print..I'm sorry I really think you're stuck.
icnif77:
In Henan, Contract must be submitted to SAFEA at FEC extension. Copy in Chinese too, and apparently must be signed by FT, 
despite I can't read Chinese.
When FEC is extended/issued, RP extension is next at PSB.
Become very sick... so you have to stay away from class for a long time... they will cancel the contract themselves (ie, fire you).
Next time - when you 'sign' the contract, put on some other 'signature'.. something that is clearly not yours. If you need to leave the next job, you can just show that the contract 'signed' by you was not signed by you - and show the signature in your passport (drivers' license, etc) as proof... Yeah, it's a bastard move - but it will only matter if things go bad - not if things are fine!
icnif77:
Can't do that. Contract goes to SAFEA for view, before FEC is issued. I won't go into details, but I guess signature on the Contract must match signature in the passport.
How will you deny, you worked at School, if your salary was posted to your bank account? Are you Swiss (cheese
)?
