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Q: Different university, very different living situation
Recently changed universities from one province to another. I had thoroughly reviewed the contract prior to accepting but some things just weren't clear regarding the living situation. Very different than my previous setup at my last university. So i've already got my new residence permit, signed the physical copy of the contract here at the uni.
To my surprise, the apartment isn't really an apartment. It's a dormitory / kinda like a room in a hotel setup. Lobby always has people who monitor who enters and leaves. Doors are locked at 10:30 pm (half hour earlier than dorms) and teachers are expected to be inside before then or locked out. This includes the Summer. I haven't even started working here and they are monitoring what i'm doing during the Summer. The contract states "Cannot put anyone up in your apartment without asking permission first". I figured no biggie, just let them know i have a visitor coming and they can come over and stay the night. Yeah right, i was completely rejected and told unless i could provide a marriage certificate or birth certificate of a child then there was nobody going to be entering my apartment no matter what time of day. The details of obtaining such permission are left out of the contract of course. Keep in mind it's the Summer time and there's only one or two teachers who have stuck around. I was told if i did sneak a guest in at night that the waiban would contact the local authorities....wow. Even my Chinese friends say she is totally blowing the situation out of proportion. I can understand some places try to monitor this to keep teachers from sleeping with students but that's far from my case. I have no intention of having students in my apartment although that was totally acceptable at my previous university. I also have no intention of anyone staying in my apartment long term. It's Summer and was simply looking to have a friend come over for a few days and save some money on hotel. Although I didn't mention this upon asking permission, but the visitor would be my gf of two years who is looking to move to this city in the near future. It just makes sense to come check it out first. Another thing is that i said i would just get a place off campus and i was told all foreign teachers must live at the foreign teacher building on campus. Shut down again. I was told i should feel fortunate that i'm being allowed to stay here during the Summer. However, that was a complete deal-breaker and I would have never signed the contract or accepted the job had they not agreed to let me move in or live here during the Summer.
My question is, considering that i've already signed a contract and received a residence permit, what are the chances of getting them to agree to let me out of it and work at another university. Considering i haven't even begun to work here and won't until September 1st i have a feeling they might agree because there is plenty of time to find another teacher. However, will the exit and entry bureau (in the same city) be willing to cancel a recently issued 1 year residence permit and issue a new one shortly after? Seems to me like a really difficult situation. Anybody have any thoughts or even been in a similar situation? Any help is appreciated. My gut tells me that i'll have to stick it out for a year but it just seems impossible. Apologies for the length and thanks.
Under Chinese labor law, if your contract has a probationary period, you should be able to leave that university without any consequence during said probationary period.
DHorn:
Thanks John for your reply. This is indeed a standard govt. drafted contract and the first page states the following： “The terms of this contract shall be from the 1st day of September, 2012 to the 30th day of of June, 2013, with the first month set as a probation period.
Does that mean I'd be okay with asking them to go ahead and cancel it now or do I need to wait until the contract begins itself and are in that first month probation period? Thanks again.
Xpat.John:
Any time from now until your probationary period is concluded, you can terminate the contract without any legal issues. However, they may still try to cause you problems, but, for what it is worth in China, the law is on your side.
GuilinRaf:
Agree with what Expat John says, and will only add:
If at the same time you have found another school to hire you, just like the "bad school" MAY TRY to cause problems, the new school may try to help.
Good luck and while normally I dont care for these theatrics, flip 'em the birdy on your way out!
DHorn:
So it sounds like I would need to go through the regular process of getting my current foreign expert's certificate canceled as well as a release letter from this school even though i haven't even started working here. My next school will probably need the original copy of the canceled FEC and reference letter which i have already submitted to this school in order to get my new residence permit. I don't know if it helps but I do have the FEC in my possession. I haven't even worked here though so how can she provide me with a reference letter. This is confusing. Out of anger she could also just cancel my residence permit and then I'd be screwed. Is she required to give me at least a week or two? It seems I'd need to be very up front with my new school about my current situation prior to making any sudden moves to get out of this siutation.
Unless you are teaching in a Public Security University or a Military one, I have never heard of such requirements during the SUMMER!I have friends who face similar restrictions, but it is only during the actual school year. The schools are elementary and high-school so the rules are to not give the students a bad example and are enforced on foreign AND Chinese teachers alike. But not during the Summer.Any possibility of renting off campus? I know that it would be an expense that you were hoping to avoid, but it might be worth it. After all, one year CAN be a very long time..
DHorn:
That was my initial solution. In fact, i wasn't even gonna ask for them to help with the expenses of renting off-campus because I knew that they wouldn't even consider it. However, they said all foreign teachers are required to live in the foreign teachers building on campus. So yeah, no go there either.
GuilinRaf:
Is THAT in the contract? Does the contract specify that you HAVE to live on campus? If that is not in the contract, then no. Do what you want and no worries, they cannot do squat to you. Tell them that they "Lied to you" when they did not tell you that they would be treting you like a child. That they either relax the rules on you, or allow you to live off campus and if not, that you will leave. And then DO.
Believe me, you wont have trouble getting another job. Teachers here are in "high demand" and these particular circumstances, most schools will not care, especially if you are honest and bring it up yourself.
GuilinRaf:
Or, you can also rent off campus and NOT tell them.
Like they say, if you arent in by 10:30, you will be locked out.
Ok, fine.
Quietly rent a room and no one the wiser. If they ask, just tell them tht is none of their business.
Shining_brow:
Smart idea, GR, on renting and not telling anyone... but if it's in the contract, then they might pull a swifty on him, and make life worse.
GuilinRaf:
Yes, that is why I recommend he double check to see if living on campus is indeed in the contract.
Adn, there is always the "Midnight Run" solution...
DHorn:
It's not mentioned in the contract that I must live on campus. I'm going to weigh out my options but I certainly like the idea of getting a place off campus. That would probably require some part-time work on the side to meet expenses. Thanks for the replies
GuilinRaf:
If it is not in the contract, then they cannot do squat!
Just dont rub their faces in it. If everyone "pretends" nothing is happening, you can get away with a lot!
I just hate it when adults are treated arbitrarily as children, which happens a lot here. Adittedly, some desrve it, but not when it comes to "curfew" and whom you may or may not share your free time with. Unless of course, students. Those are off limits and you have made it very clear that you will not bring them home.
Keep us up to date!
crimochina:
GR: wwhen it comes to things like that it will fall under "following school rules"
Screw them, leave
LAR:
Yes, I would leave. That female that you spoke of sounds like a real B****. :( "I was told...................Summer." That is a bunch of b.s.! LEAVE ASAP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :(
We had a slightly similar problem in Guilin. Only the curfew part. we were not given keys to our gates which surrounded our apartments. These were locked after 11:30 on weekdays or 1:00 am on weekends. We kept asking for keys, but the FAO kept saying "later". Eventually I found out that they had been saying that for a few years.
So, what I started to do was go out. When I came back, and the gates were locked, I started to blow this really shrill boating whistle and yelling "Kai Men) (open door)until the guard would open up. After a couple of days like this, the neighbors complained to the FAO and I got my key.
Soon, the other foreign teachers demanded their keys as well, and we lived happily ever after.
I'd bail. That sounds like living as an inmate, not an employee!
my day is done and i just started loading up on beers so this may not be coherent. (god this donut is to die for)
if you are in a dorm with other chinese people than it probably is not an approved SAFEA housing. so you have that angle
but if it is approved housing have a sit down meeting with the FAO and make sure they understand that when you leave you will post online warning others about the living situation (i never had a real donut in china before)
try to reach a compromise where you can wake someone up or get a keyu. (i should fly my friends in so they can taste what a real donut is)
if not you can leave within the probationa period but get anoyther job firsy or locate a visa.
crimochina:
GR: if you visit beijing go to paris Baguette. either it was the beers or those were the best donuts i ever had in china.
my day is done and i just started loading up on beers so this may not be coherent. (god this donut is to die for)
if you are in a dorm with other chinese people than it probably is not an approved SAFEA housing. so you have that angle
but if it is approved housing have a sit down meeting with the FAO and make sure they understand that when you leave you will post online warning others about the living situation (i never had a real donut in china before)
try to reach a compromise where you can wake someone up or get a keyu. (i should fly my friends in so they can taste what a real donut is)
if not you can leave within the probationa period but get anoyther job firsy or locate a visa.
