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Q: Early Termination of Contract

I need some advice regarding early termination of my teaching contract. I have been working as a full time teacher at a language school for 4 years, due to unresolved arguments regarding over time pay etc, I gave my Boss notice in early August that I will terminate my contract with the school. There are three clauses in my contract, stating that if I wish to terminate prior to the experiation date, I am required to pay a breach of contract penalty to the school, and I am free to leave. Now, after almost 2 months notice, the Boss refuses to give me my release papers and is also threatening me with being deported back to my Country etc. There are no grounds for deportation, as I have never been in trouble in China for the past 5 years of living here, now it's being said that even if the Boss has to make up lies about me, to the Police, she will make sure I am sent back home. Any advice out there?

5 years 38 weeks ago in  Visa & Legalities - Changchun

 
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Emperor

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If you have worked legally (WP and FEC) and didn't violate the Contract, 'deportation talk' is bluff.

 

For the help with RL, I'd say contact SAFEA (Foreign Expert Bureau) for the help and advice.

By Chinese law, your employer is required to submit RL and FEC Cancelation Cert. in 30 days after your last working day.

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5 years 38 weeks ago
 
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Posts: 18454

Emperor

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If you have worked legally (WP and FEC) and didn't violate the Contract, 'deportation talk' is bluff.

 

For the help with RL, I'd say contact SAFEA (Foreign Expert Bureau) for the help and advice.

By Chinese law, your employer is required to submit RL and FEC Cancelation Cert. in 30 days after your last working day.

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5 years 38 weeks ago
 
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Governor

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Unless you want to work in China again, I would just get on a plane and leave without telling the boss.

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5 years 38 weeks ago
 
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There are some shady characters in Changchun. Are you working for a school directly or for an agency? If the latter, it might be a certain notorious agency in Changchun that you can find all kinds of dirt about online and has changed its name several times. In any case, go to SAFEA and if that doesn't work, go to the PSB directly. The school will have to give you the papers.

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5 years 38 weeks ago
 
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Answer of the DayMORE >>
A: My advice? Keep in your lane. If you know teachers who are working ill
A:My advice? Keep in your lane. If you know teachers who are working illegally, it would be them that suffer should you report the school. Wouldn't it be better to have a quiet word wqith the teachers, find out there situation, and help them out? There are many reasons people find themselves working illegally. Some intentional, some not. The non-intentional ones have been tricked and are the victims. Help them find a way to get legal employment.If you are working without Z-Visa, Working Residence Permit, and Foreigners Work Permit for the job and location, you don't have an enforcable contract.. You may be lucky in having an employer who does exactly what they promised in the contract, but why take the risk?Without an enforcable contract Chinese Employment Laws don't protect you. Get legal if you can, and if you can't know the risks. We shouldn't do anymore than try to give meaningful advice - as the saying goes: "You can lead a horse to water..."Now, on the Native/Non-Native Issue. Yeah, it's shitty. There are many, many, many great ESL teachers who are non-natives, including Chinese teachers. Hell, I know enough great Local Teachers who are wonderful with their students and whose English is more than adequate to teach it. But clients don't pay the equivelant. This is market driven, clients pay premium for Foreign Teachers That's the reality and why many training centres scam both the teachers and the clients. Caveat Emptor. Reporting the schools will just get some teachers in trouble.Sure, some teachers have eyes wide open and know that they are running the risk. Not my problem, their choice is their problem. If schools employing illegals bother you, it's simple. Don't work for those schools. Don't work for those employers. It will eventually be non-cost effective for them to hire illegally because they'll have to pay too much for those that want to run the risk. Market driven economics 101. So, in conclusion, keep yourself legal and yourself safe, help those that want or need your help, and keep in your lane regarding 'illegals'. Because if you're fully legal, China is the mollusc of your choice. -- Azriaphale760493