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Common folk

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Q: invalidate contract with school

Hi all

does anyone know if Covid 19 is classed as force majeur for contacts with school.  My contract runs until November but I am stuck in the uk - I left China by agreement on 27 jan.  I wrote to my School yesterday and said since I have no money and probably no realistic chance of getting back before the contract ends.  So I wished them well for the future.  They responded by asking me for 1 month's salary as per the contract.  Is there any new regulation about the virus that may help me?  Or do I just wait out the contract?

 

all guidance welcome

15 weeks 1 day ago in  Business & Jobs - China

 
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Posts: 393

Minor Official

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Copy and paste this to the professor (of course he calls himself professor but has never published anything)

Dear professor,

I'm fine, thank you for asking. I hope you are too.

In regard to me paying you one month salary because the school was closed due to Covid19, let me say: Bwahahahahahahahaha. Good joke. I never knew you were a comedian.

Good luck and wash your hands.

Kindest regards,

Dancing White Monkey

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15 weeks 1 day ago
 
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Posts: 3485

Emperor

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are you owed any money by the school?

do you have any money left over there in Chinese bank?

if so, you should try and repatriate it.

if not, there is *** all your school can do about geting money out of you.

 

basic health and safety at present would prohibit leaving the UK, especially as if you were to arrive back in China, you would be quarrentined at your expense.

as it is, i am sure such travel would be discouraged.

 

you could cite a sudden unforseen family obligation that have arisen that prevents you from returning.

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15 weeks 1 day ago
 
Posts: 17141

Emperor

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I'd say, if Contract carries penalty for breaching it, i.e. one monthly salary, it must also include ' ... except in case of force majeure ...' stipulation and this is (Covid) 'force majeure', so penalty shouldn't be imposed.

However, only Q I have:

"Where are you going to address your complaint?", if school won't pay your last salary as a penalty for Contract breach.

 

Before Labour law changes in China (2017), there was a Foreign Expert Bureau (SAFEA), which approved one's Working permit, but as it looks, that government org. ceased to exists.

Now, unless you find a Gov. body, where you can file a complaint against your employer, principal of your school is the holly boss.

 

IMO, you shouldn't tell school "I don't have money ... to return to China" unless they owe you salaries.

There are brazillion different reasons why you can't return to China ...

I would go ...:

"Yesterday, I was at the Chinese Embassy and I inquired about possible return to China ... 'cause I am bound by the valid Contract, and they replied that nobody can return to China from abroad because of the Covid ..."

Now, if School insists you should honour signed Contract and return to China ASAP, let them manage that and find out how you can return ... and if you are not in the mood for return, you can always become ill or something ...

 

Good luck!

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15 weeks 1 day ago
 
Posts: 393

Minor Official

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Copy and paste this to the professor (of course he calls himself professor but has never published anything)

Dear professor,

I'm fine, thank you for asking. I hope you are too.

In regard to me paying you one month salary because the school was closed due to Covid19, let me say: Bwahahahahahahahaha. Good joke. I never knew you were a comedian.

Good luck and wash your hands.

Kindest regards,

Dancing White Monkey

Report Abuse
15 weeks 1 day ago
 
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