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Q: What if a formal offer letter stated a salary lower than previously promised
My potential employer emailed me a job offer with an amount of salary and which I accepted. A few weeks later, the formal letter of offer stated an amount of salary that is much lower than was previously offered in the email offer. What legal action can I take?
28 weeks 5 days ago in Visa & Legalities - China
What is 'formal offer letter'?
Only legally accepted employment offer I am aware is a Contract!
... so, you just don't accept and sign contract with the lower salary!
Email exchanges, verbal discussions and other promises between you and employer aren't legally binding, so legal action isn't recommended.
Mainly legal effective thingy is employer's stamped and signed contract! ... and after you ink it, employer can/will use your signed contract to apply for all necessary documents at Chinese governmental agencies as Working permit and all ...
It would be better for you to not accept an employment with such an employer, IMO 'cause you'll experience similar troubles by employer won't respect the contract later on.
What is 'formal offer letter'?
Only legally accepted employment offer I am aware is a Contract!
... so, you just don't accept and sign contract with the lower salary!
Email exchanges, verbal discussions and other promises between you and employer aren't legally binding, so legal action isn't recommended.
Mainly legal effective thingy is employer's stamped and signed contract! ... and after you ink it, employer can/will use your signed contract to apply for all necessary documents at Chinese governmental agencies as Working permit and all ...
It would be better for you to not accept an employment with such an employer, IMO 'cause you'll experience similar troubles by employer won't respect the contract later on.
as above.
until you sign the contract, nothing is legally binding.
you can just walk away now, unless you are so desperate that you will accept the lower salary.
What did the OP do?
If it were me I would email the employer back reminding them of the initial salary offer and that the follow up document contained a lower salary.
one of two things could happen:
1) the employer will not reply
2) the employer would say they 'made a mistake' and send an amended (corrected) document.
a number of years ago an employer tried to pressure me into signing a contract with the salary part left blank.
I had arrived along for an interview and was offered the position on the spot, agreeing to the salary.
Suddenly a contract was produced and the pressure was on to sign - with a blank space as mentioned above.
I refused point blank, saying if they produced a contract with the agreed salary in place, I would consider it.
And i had no hesitation in leaving.
The HR woman tried to take my passport from me for 'processing' and was told that if I did not sign then, the offer might not be there again.
I pointed out that it was highly improper to be presented with a contract without the salary printed (not wiritten) in the apporporiate place.
I was then accosted by another foriegn teacher - sent after me as I walked away - who appeared to be dating a student, trying to tell me what a great place it was to work.
Despite being a 'reputable' univeristy, i had no hesitation in leaving as its' hiring practices were more than a bit sketchy.
Spiderboenz:
Had a school try doing something similar once with teaching hours.
icnif77:
That is a part of the Chinese tradition ...
I guess, they lose a face if they respect an agreement, contract ... Chinese certainly don't view a contract as a set of rules ... like we do.
However, if teacher violates something in the contract, they are immediately all up in the air.
I had to fight with every single school in China about something like that, i.e. disrespect of the contract, and I've worked always only for the public schools ...
... and on the other side of the coinage, I respected signed contract to the t ...
Was always thinking "Why do they do that, if I am 100% on the ball ...?"
... Ohh, well ...
Blondie_:
it is also 'Chinese trandition' not to answer or respond to a legitimate and/or reasonable question,
this is what makes Chinese people seem unreliable and untrustworthy.
icnif77:
One has to move on as fast as possible and not wait or expect an answers.
In West, we usually apply at one job opening at the time and wait for the outcome. While I was looking for job in China, I would just send my CVs daily at every suitable position and when I got replies, I'd set-up several interviews in a week time and then get into the best offer at the next step, i.e. arrival to the new job city.
