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Q: What can my colleague do about not getting paid?
A foreign colleague of mine is not receiving his final pay because our boss says he's broken his contract. Our contract stipulates that both the foreign worker and company can part if one week's notice is given by either party prior to the three month point. This is precisely what he's done.
We work in a language training centre in Urumqi and, quite honestly, I sympathise more with the company than I do with him. He's not happy here, but on the other hand he's made no effort to get to know the city or hang out with his colleagues (foreign or local). If you're familiar with 'The Hitch-hikers Guide,' just think of the robot and you've a pretty good idea of what he's like.
Back to the main point though, whatever my own opinions of him as a person, what recourse does he have to get what is contractually owed to him?
11 years 36 weeks ago in Visa & Legalities - Urumqi
According to my recollection, to legally break a signed work contract, you need to give about 3 months notice, not one week. Does the actual contract clearly says "one week prior notice" to cancel it ?.
instant_noodles:
i got replaced without any prior notice :-( . In fact , i didn't even get ANY notice , i was goona go to work at the appointed time ( aftert the end of the spring festival break ), just that one of my co-workers called to tell me the headmistress had brought in another , " cheaper teacher " ( !?! ) believe it or not ...
HappyExPat:
Instant: I used the word "legally", in a Western manner, but I agree that here in China,who has power will bully !
MissA:
Hi Happy, I know this case. Yes, the contract clearly and explicitly says that in the first three months of the contract, only one week's notice need be given by either party. After three month, the notice period is much longer.
The agreed-to termination date of a contract in China is not a codified matter of law but rather a purely contractual issue. Some contracts may stipulate one month; other may stipulate three months; in one province, to my direct knowledge, it is a mutual-agreement-to-immediate-departure.
I am somewhat confused with the OP's meaing as to "one week before the three month's period". Could he clarify what he means please?
yian:
The three month period is probationary. Either party can terminate the contract by giving written notice at least one week before parting company -- my colleague actually gave two weeks. As things turned out in a tense meeting, our boss eventually paid him less than half his pay just to make him leave. He had to threaten smearing the company name on every internet forum he could find to get even this outcome. In one of his outbursts he said, 'This is the reason westerners run away without giving notice, you treat them like this and wonder why you find it so difficult to get foreign staff'. In part, he's correct in this. Should I want to leave before my contract ends (which I won't, it's great here) then the sensible thing to do is transfer all my money into my home accounts, pick up my final pay and 'run away without giving notice'. It's really unfortunate and is no good for anyone.
Lets face it not much if the boss really digs his heels in.
Yeah, as Fish said, if the boss doesn't want to, there isn't much that can be done. Try being nice... begging.. pleading... threatening (if you - he - has anything to threaten with). Contracts tend not to mean a hell of a lot here - certainly not legally.
Shining_brow:
Yeah, that's partly why I put it... you could say something to the boss on his behalf... or not!
instant_noodles:
y even bother ? i mean - this is Urumqi , i 'm sure he would be able to get a much better pay anywhere else in China
Make sure you do a last paycheque's worth of damage to the office.
Not a lot he can do, about the only legal and sometimes effective action is to threaten to name and shame the school on websites like this.
guys... this was asked half year ago... and @blwalter... please read question. he asked about his colleague's situation, not himself's
