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Posts: 461

Shifu

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Q: What are the most common breaches of contract in China?

Non payment of wages, increased working hours, termination of contract, holiday time denied etc, etc, etc?

And, really, to what what extent are signed contracts actually legally binding for employers?

9 years 18 weeks ago in  Visa & Legalities - China

 
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Posts: 1933

Shifu

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In my experience, the private employer will take the entire contract, and ignore it entirely, and have you work when the opportunity to make money arises, and pay you as little as they can without you freaking out. Use your imagination and they will surpass it.

If you ever bring up contractual breaches, they'll just start intentionally breaking it, going through it clause by clause, as a show of authority.

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9 years 18 weeks ago
 
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Other than the above, visas! Which, really, is probabaly the worst one. Especially if they hold your passport (which they have NO right to do!)

But, the most common, is working hours/days. As Kchur said, you won't catch me working in a private institution (he says now... Tongue)

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9 years 18 weeks ago
 
Posts: 3044

Emperor

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In China, everyone is a big fan of contracts, and signing them and affixing your thumb print on it to.  But you know what, they are not worth the paper that was used to write them.  They are broken at will, and with impunity, by the employer, and streeched to the limit by the employee.
Compare them with toilet paper, and I am sure you will come to a good use for them.  wink

And please, do not waste time and good money to take them to COURT.  No Chinese magistrate will render a decision favoring a foreigner in a dispute with a local for a matter of contractual obligations not futhfilled.

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9 years 18 weeks ago
 
Posts: 1633

Shifu

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Heck, I'm not sure if the contracts are actually broken as opposed to outright ignored. I think that here, the contract is for the employer and has very little in the way of benefits for the employee. Broken on a whim that pleases the employer, contracts are a joke. So, in an effort to answer your question I would have to say that from the employers point of view here that contracts are breached when the employee doesn't do every little crappy thing the employer wants. I would venture to add that contracts are breached by things not in the initial contract in the first place. (Sleeping with coworkers, calling in sick..........)

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9 years 18 weeks ago
 
Posts: 149

Governor

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Most contracts in China are not worth the paper they are written on , its not worth loosing sleep over.....you wanna finish go home  so go what they gonna do..........??????????

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9 years 18 weeks ago
 
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I do have one piece of advice when it comes to contracts here - find a good local kung fu place, start up lessons, practice on campus (if you're not too bad, or good at acting). They'll be less likely to get in your face about details if they're afraid you can knock them on their arse! (trust me, I did it... and started a rumour that I'd punch out the director's face next time he lied to me. He was somewhat coy aound me after I had that doing the rounds Laughing out loud)

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9 years 18 weeks ago
 
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Trying to make you work on the holidays and being late with your money are the most common ones in my school. If you make enough noise about it then the problem will get straightened out fairly quickly.

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9 years 18 weeks ago
 
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