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Governor

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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?

7 years 44 weeks ago in  Visa & Legalities - Urumqi

 
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Emperor

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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 ?.

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7 years 44 weeks ago
 
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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?
 

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7 years 44 weeks ago
 
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Governor

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Lets face it not much if the boss really digs his heels in.

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7 years 44 weeks ago
 
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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.

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7 years 44 weeks ago
 
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Emperor

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Make sure you do a last paycheque's worth of damage to the office.

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7 years 44 weeks ago
 
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Next time, leave just when you got your salary

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7 years 15 weeks ago
 
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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.

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7 years 15 weeks ago
 
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Governor

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guys... this was asked half year ago... and @blwalter... please read question. he asked about his colleague's situation, not himself's

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7 years 15 weeks ago
 
Posts: 1140

Shifu

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did he give his notice in writting and keep a copy

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7 years 15 weeks ago
 
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