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Posts: 23

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Q: I have signed a contract but no longer trust the school, can I cancel my contract?

About a month and a half ago I signed a contract with a school in Shanghai. However for many reasons I am getting the vibe that they are doing something fishy and I do not get the feeling that I am receiving a 100% legal visa. The contract they had me sign was not an official SAFEA contract. I am considering canceling the contract however I want to know the legal rights that I have in doing so. Under the termination section, my contract says 

 

"3. The Employee is required to compensate Employer for the basic salary for one month and visa fees if Employee stop the contract such as break the contract after the probation period randomly. Employer has the right to cancel the visa for Employee immediately.

 

4. Employee is required to wait Employer to find a suitable candidate before the termination of the contract."

 

My employer has processed the visa for me but has not mailed it to me yet. Will I have to pay the visa fees? Am I within my legal right to cancel this contract and apply for another school in Shanghai or would this get me in to trouble? Thank you for any help you can provide. 

8 years 48 weeks ago in  Visa & Legalities - China

 
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two words that i have heard students use to be absent from class:

 

                Family illness

 

the school is hardly going to send a representative over to your home country to verify if your parent is going into hospital/needing surgery/dying.

 

Until you step off the plane and hand over your passport to the PSB for the RP, you still have an out.

Then just don't respond to their emails/phone calls etc.

 

I have not had to do this, but it was always my back-up plan if the school were really ****ing me over, but i do know some FT's who did. EDIT: I do know an FT, who when he said he had to return home to attend a family funeral, he was asked for a copy of the death certificate. When he returned, he was super angry with the school for the rest of the semester. Especially as they wanted him to make up the time.

RachelDiD:

I had a colleague who also told the university that her gran other died...only because they denied her request to leave for her sister's wedding. She designed her own death certificate on open office...the nongs in charge of checking up on it were too stupid/lazy to call her out.

8 years 48 weeks ago
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8 years 48 weeks ago
 
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Posts: 3844

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two words that i have heard students use to be absent from class:

 

                Family illness

 

the school is hardly going to send a representative over to your home country to verify if your parent is going into hospital/needing surgery/dying.

 

Until you step off the plane and hand over your passport to the PSB for the RP, you still have an out.

Then just don't respond to their emails/phone calls etc.

 

I have not had to do this, but it was always my back-up plan if the school were really ****ing me over, but i do know some FT's who did. EDIT: I do know an FT, who when he said he had to return home to attend a family funeral, he was asked for a copy of the death certificate. When he returned, he was super angry with the school for the rest of the semester. Especially as they wanted him to make up the time.

RachelDiD:

I had a colleague who also told the university that her gran other died...only because they denied her request to leave for her sister's wedding. She designed her own death certificate on open office...the nongs in charge of checking up on it were too stupid/lazy to call her out.

8 years 48 weeks ago
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8 years 48 weeks ago
 
Posts: 860

Shifu

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Yep Sorell makes a good point; none of these things are enforceable. I'd be surprised they even went to the effort to cancel your z visa. The owner of a school I spoke to said it was such a hassle to cancel a visa he would only do it if somebody had really pissed him off.

 

Wait you're not even in the country yet. Ah that makes it trickier. You might want to apply for another job and they haven't cancelled your visa. How can you apply for another job? Hmmm I'm not sure maybe somebody else can answer. Like Sorrel says I would just say somebody in your family got ill and you cannot leave for China. maybe there is someway you can find out if they have canceled your visa. If they haven't you could work somewhere in shanghai. If they have you can start the process again i think.

 

The contract will not be binding in your own country

 

schools in shanghai are expensive to set up and usually follow visa regulations correctly. most are part of big branches.

ScotsAlan:

The OP does not have a visa yet. So they cant cancel it. Still at the invite letter stage. If they have even applied for it. Maybe their invite letter stage preceedes their come over on a tourst visa stage and we will convert it :)

8 years 48 weeks ago
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sorrel:

@ScotsAlan,

exactly.

 

if you have not even gone to your local embassy to apply for a 'Z', you have even less to worry about.

Just contact the school immediately, apologise politely and 'explain' the situation without going into details and halt everything.

As far as you are concerned, you are now unable to leave the country, so just look for jobs in another city

8 years 48 weeks ago
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Yes, I was worried about this. If I cancel my contract and they have already applied and received a visa invitation however I have not received it and do not yet have my Z work Visa. Will this cause problems if I try and apply for another school in Shanghai? What about if I try and apply for a school in a different province? 

ScotsAlan:

You will be ok to apply again in another provence. Just make sure you record everything. Send them an email saying you decline the job because you have had consul on the terms, and you have been told they contravene Chinese laboir law. They cant argue against you, because no body understands Chinese labour law. Then , if they refuse to accept your refusal email... no problem. If your potential employers have a gmail address, ask them how they access gmail when it is banned in China. Ask them difficult questions.. Are you an agent or a genuine school? Do you have a license to employ foreigners? Do you have a buisiness license? Can I scan the matrix code on your license? They will soon get fed up with you and forget you ever existed. They want you, but they dont want too much work to get you. Finally, ask them if a contract written in English is legal is legal in China. That will flumox them. Anyway, dont go to Shanghai. Come to Guangzhou. Guangzhou is a certified Vicky free zone. You will be safer in Guangzhou, no matter if you are male or female.

8 years 48 weeks ago
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8 years 48 weeks ago
 
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Contracts in China aren't worth a cracker.  How do I know this?  My employer, with whom I have just signed another contract, told me so in exactly those terms only two days ago.

 

benjaminlawson4:

Okay, thank you, I am convinced now that the contract does not mean much. What I am more concerned about now, however is will I be able to apply for another job in Shanghai or another Provence if my last contract employer had applied for a visa invitation letter for me. I have not even received this letter in the states yet, not to mention have I applied for a Z visa. But will this affect anything if another employer tries to apply for another visa invitation letter for me. 

8 years 48 weeks ago
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sorrel:

if you have not gone to your local embassy with paperwork to apply for a 'Z' visa is it less tricky.

 

bottom line - stop the process immediately 

8 years 48 weeks ago
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royceH:

If you haven't yet applied for a Z visa after receiving the letter of invitation then you effectively haven't done anything.

If you still want to come work in China just begin again.  Find a job you like, have an interview, look at the dummy contract...if you're happy, sign it and go forth with the Z.

Be aware that language schools will want you to work all weekend.  Primary and middle schools are Mon/Fri.

Smaller cities are better, in my opinion.

Good luck.

8 years 48 weeks ago
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8 years 48 weeks ago
 
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Just say you showed the contract to a legal friend.

Then ask questions.

Is this contract legal under Chinese law? My friend says no.

I dont like this part, can I change it?

Do you apply the 5 year law? What is the 5 year law.

This contract is in English. Is it legal?

Trust me on this. Chinese employment law is fuzzy. No one understands it. Start quizzing them, and they will decide you are more trouble than they are worth.

And do it all via email. Your webcam is broken. No more skype.

If they get nasty, no problem. Are you using a gmail account? Ask them how they can do that when it is bannned.

Do they have a license to employ foreigners, or a buisiness license? Ask for a copy so you can scan the matrix code ( wechat has a handy scanner where it will tell you all public domain info attached to a business license, including deposited capital).

If you keep asking questions, they will soon forget you exist.

But anyway, come to Guangzhou, its much better than Shanghai.

ScotsAlan:

Sorry, I posted this answer after I posted a long comment above, so a lot of duplication. My phone crashed while comment was being posted. I keep getting strange phone calls that sent my phone haywire.

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Thank you for all of your answers. I have one last thing to bring up. I read this on usembassy-china.org. 

 

"- Early Termination

Contracts should always include an acceptable early termination clause.  If a contract is terminated early and the employee wants to work at another school in China, a “Letter of Release” from the previous school will be required.  This letter allows the next school to officially register the teacher; without it one cannot work legally at a new institution. "

I understand that this contract is not legally binding in any way , but should I be asking for a Letter of Release or does this not matter? Thank you for your continued help and support. 

ScotsAlan:

The letter of release comes into affect after you have your Z visa and have entered the country. You do not need it if you have not even had your invite letter.

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I have decided to go along with the cancelation of this contract. I thank you all for your help. On a side note, due to my lack of experience (recent college graduate, age 23, no formal teaching experience, but I do have a TEFL) I have decided life may be more enjoyable and easier to get in a 2nd tier city. Has anyone here taught in one and can provide me with any recommendations? I have heard that Wuxi, Nanjing, or Suzhou are good cities for foreigners. Any comments? 

Spiderboenz:

You need to have 2 years post graduation work experience to receive a proper Z visa in Jiangsu province.  

8 years 48 weeks ago
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bill8899:

... and a criminal background check (CRC). A state CRC will do.

8 years 48 weeks ago
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Shining_brow:

Personally, I (and many others) would prefer cities like Nanjing or Suzhou over Shanghai...

 

Also, just down the road a bit, is Hangzhou.

 

all of those aforementioned cities have a lively expat scene, as well as things like hills and trees and the likes... you won't find a lot of those around Shanghai.

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If School's name you wrote is "Kiddie English', school is most likely unauthorized to hire FT, or such School can't apply for Working permit and Invitation letter, both documents needed for Z visa application.

If School is unauthorized to hire FT, Contract you signed is invalid, or in other words it doesn't carry any obligations. You don't owe School anything, if you don't respect the Contract, and sign new Contract with legally authorized school for FT hire.

Its difficult to write right advice without seeing 'Working permit', you received from the School.

You can give us a snap shot of the WP you received, just blank out your name.

WP is A3 format paper with text in Chinese characters. On the bottom of the WP is Chinese red stamp, some 4 cm in diameter. That's how real WP looks like, and it must be original, not copy/scan version.

When School mails WP, it always comes together with Invitation letter.

You could also dial SAFEA in your working city (Shanghai), and inquire about the School with them. 

Enter 'SAFEA' in search above for address and contact nos. in your city.

Hotwater:

What WP are you referring to? My Alien Employment Permit (non-teaching WP) is a small booklet with a number of pages (I guess about A6 size) It is definitely not A3 size. It has Alien Employment Licence written on the front in English. 

 

Are you in fact referring to the Alien Employment Licence that the employer must get?

 

or are things done differently for teaching WP's?

8 years 48 weeks ago
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icnif77:

Working permit! I always get back the same document I submitted to Chinese Embassy when applied for Z.

I looked for AEP on Yahoo-gle, butT... that's for Philippines.

It looks like FEC (Foreign Expert Certificate for teachers), small, passport size dark blue booklet in Chinese with photo, current employer, some 6 or 8 pages.

WP is a piece of paper in Chinese with big red stamp on the bottom. No photo, just name, employer/school's name and some other text in Chinese.

Yes, AEP is FEC, but WP is SAFEA's issued doc., we (FTs) need at Z application with Invitation letter.

8 years 48 weeks ago
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Hotwater:

Got it! What you refer to as WP is the Alien Employment Licence issued to the company. :-)

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8 years 48 weeks ago
 
Posts: 1153

Shifu

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read a contract b4 u sign it contract lesson 101

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8 years 48 weeks ago
 
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There's a couple of things you've forgotten.

 

Firstly - if you choose not to come here, what are they going to do??? Chase after you? At worst, as you might be fearing, they might tell a few people in other schools here you're not a good choice for employment. however, given the number of schools and all in Shanghai, that's not really likely to happen!

 

is the PSB or other relevant authority that does visas going to care... nope! They see thousands of such applications.. why should they give a damn because one of them gets cancelled? After all, there's nothing that's really going to happen if an application is made, and then not followed through on.

 

And, lastly, remember that all contracts have a probation period anyway... so you could legitimately jump ship (or get fired) with no repercussions! In fact, it's been one way some devious places have gotten out of their legally binding penalty clauses! (well, saying it - not that they actually meant anything!)

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Mmm dont take the job, telththem you cant come and find something else that you have peace about. I didnt have peace about my job and now im stuck with it!

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8 years 47 weeks ago
 
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I may have to break my contract this summer, but I will know if I have to BEFORE I start working there, as some personal and professional things have changed, but the school will have already got a new work visa for me, so what kind of trouble will I be in?I repeat, by the time I know if I will have to break the contract the school will have already gotten me a new work visa but I won't have actually worked for them yet.

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8 years 42 weeks ago
 
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Shifu

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I know this one trick used to work for South Korea, because there wasnt a central database to track foreign teachers. Simply tell them some BS story like sorrel said, AND get a NEW PASSPORT issued to yourself. This rids your current passport of the visa, so any new potential employer wont see the old visa and say "whats this ?" If the potential new employer sees the visa, and does an inquiry...they could track the visa back and talk with them. Since Chinese almost always side with Chinese, new employers will blackball you in all probability. LASTLY, I DONT KNOW IF THIS WILL WORK FOR CHINA.

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8 years 42 weeks ago
 
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A: Add-it: Getting into the recruiters ... You could also research a
A:Add-it: Getting into the recruiters ... You could also research any school/job offering posted by the recruiters ... as an example:"First job offering this AM was posted by the recruiter 'ClickChina' for an English teacher position at International School in Jinhua city, Zhejiang Province, China...https://jobs.echinacities.com/jobchapter/1355025095  Jinhua No.1 High School, Zhejiang website has a 'Contact Us' option ...https://www.jinhuaschool-ctc.org ... next, prepare your CV and email it away ..." Good luck! -- icnif77