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Posts: 87

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Q: using pollution to end contract

my contract stated I would be provided with a safe working environment but I wouldnt consider Beijing pollution a safe working environment

but what I'm trying to do is to terminate my contract without penalties because of this damn pollution, beginning to feel tightness around the chest, not went to doctor yet, but does anyone out there have any experience using pollution as a way of terminating contract without penalties

7 years 21 weeks ago in  Visa & Legalities - China

 
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Posts: 1098

Shifu

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I can't tell if this is a troll question but it's f you never plan to return to China and don't care about your employer you can just flee the country and not pay the penalty. Otherwise tough it out or pay up.

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7 years 21 weeks ago
 
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Posts: 19862

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You could, indeed!

 

Dial SAFEA and ask them for an advice and help.

I suggest, you terminate the Contract with '30-days termination notice' stating health troubles. Your employer must submit Release letter to you or to your new RP sponsor in 30-days after your last working day.

SAFEA will most likely coach you on new Law changes. I am not sure how is with FEC cancellation cert. since FEC doesn't need to be cancelled anymore, but new FEC can be issued after an old one expire.

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7 years 21 weeks ago
 
Posts: 5156

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Grow the fuck up and man up. You want to leave do it the right way and don't try to weasel out of the contract. Pay the penalty and give the 1, 2 months notice. 

dyanisis:

why dont you go and fuck yourself dipstick

7 years 21 weeks ago
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ironman510:

fu*k yourself? Isn't that line outdated? So 80's. Agreed grow up, finish your contract.

7 years 21 weeks ago
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icnif77:

Proper wording on web is 'fork you' angel

 

Bunch of Non-s here-o 

7 years 21 weeks ago
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Englteachted:

Dipstick, what are you stupid?

7 years 21 weeks ago
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Hotwater:

Dipstick is a British expression for wanker...

7 years 21 weeks ago
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icnif77:

'tits' must be connected to British porn stars ..

7 years 21 weeks ago
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7 years 21 weeks ago
 
Posts: 1098

Shifu

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I can't tell if this is a troll question but it's f you never plan to return to China and don't care about your employer you can just flee the country and not pay the penalty. Otherwise tough it out or pay up.

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7 years 21 weeks ago
 
Posts: 87

Governor

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If I have to suck it up, then no bother

 

was just asking if anyone had used pollution as its certainly plausible

 

its only 5k fine, but then also the finishing bonus and the june salary is up in the air too

 

so was just asking what outs i have if any  

icnif77:

It is possible! I quit once because after I returned to School for 2nd Semester, quote 'school's managers are too busy to assemble your schedule!'.

I sat in my room longer than 30-days and then I resigned.

There's thread somewhere about that. (March 2015).

Immediate resignation with full pay for sitting month and all docs for RP transfer. SAFEA supported me all the way!

7 years 21 weeks ago
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Stiggs:

If you do leave early, even without paying the fine and under good terms then I can almost guarantee you wont get the end of contract bonus.

7 years 21 weeks ago
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7 years 21 weeks ago
 
Posts: 2878

Shifu

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I don't think that would be possible...imagine if pollution really was an acceptable excuse to terminate a contract just how many millions of contracts in the city of Beijing (and god knows how many other places in China) would instantly become unenforceable.  

 

Fair or not that would be a very dangerous proposition. Besides from a contract law perspective that might fall under force majeure clauses, pollution being outside the control of any one employer.

 

I'm not sure, but I don't think it would fly.

 

Sorry.

 

 

icnif77:

If people would know other things .... beside proper Englo. 

7 years 21 weeks ago
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7 years 21 weeks ago
 
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dunno, but doubt it.  I kinda wanted to work / live in the Big BJ for a year, but the idea of not being able to breathe has kept me from pursuing that goal.  Just curious, didn't u know BJ had no breathable air b4 u took the job offer? Oh well, like everyone else on here says, I would advise sticking out your contract.  It looks better on your CV. Besides, what's a little lung cancer anyway?

 

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7 years 21 weeks ago
 
Posts: 87

Governor

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Funny enough on the job ads for beijing, they somehow seem to forget that little detail, about bringing a 3rd lung with you

 

silly foreigner me

Englteachted:

Do your fucking homework and stop expecting mommy to spoon feed you. Who the fuck doesn't know Beijing is polluted? 

7 years 21 weeks ago
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dyanisis:

again stupid fuck head, dipstick thick bastard

 

gives his tuppence worth

 

what a sad sad bastard who just trolls

7 years 21 weeks ago
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icnif77:

He's got big tits ..... 

7 years 21 weeks ago
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7 years 21 weeks ago
 
Posts: 5321

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I mostly agree with the people who say they don't like your chances. The school is probably going to say that you applied for a job in Beijing, it's no secret how bad the air is etc.

 

The only way I can think of that might work is if you got a medical certificate or something from a doctor saying that you are being harmed by the environment and staying will affect your health, you have no choice but to leave.

 

 

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7 years 21 weeks ago
 
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What Stiggs said!

 

You'd need to prove that the pollution was actually negatively affecting your health to the extent that if also affected your ability to do your job.

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7 years 21 weeks ago
 
Posts: 203

Governor

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Insane. The school is not to blame for the environmental situation in Beijing. You don't have a leg to stand on here.

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7 years 21 weeks ago
 
Posts: 308

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Try using a contract to end pollution in terms of China..see how far you get

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7 years 21 weeks ago
 
Posts: 74

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according to the labor law i read the penalty statement would probably be void anyway.

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7 years 20 weeks ago
 
Posts: 827

Shifu

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Using pollution would translate to a health issue. Given that there are 20 million people living and working in this polluted environment, you will need to say your health is bad on your notice to quit. Your medical should have provided a clue that you weren't able to work in this physical environment.

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7 years 20 weeks ago
 
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Answer of the DayMORE >>
A: Good question!  I'd say, if you study at Uni in China beside
A:Good question!  I'd say, if you study at Uni in China beside working full-time as an E.T. with Residence permit, you don't interfere with your full-time employment.It's your free time and you can do anything you want, with respect to the Chinese laws and customs. Have a look at terms of Z visa/Residence permit and ... ".. you cannot work (and earn monies!) with another employer ..."That's all it is! Your RP sponsor title is written on the RP stamp in your passport, I think. It's in Mandarin, so I've heard about that from someone ...At I.D.-ing by cops, they know where you work and than more details about you are just a phone call away ... and it happened in person ... LOL ... during the day-time stroll through Wulumuqi, Xinjiang, 2012/13 semester. Now under RP, you're free to surf Internet, jog, ... and study, too. I suggest, you look and ask at the Uni, you plan to study in the future. Have a detailed look at requirements for studying and attending chosen Uni.Good luck! -- icnif77