broken contract

[dessy]

hey does anyone out there knows what i am intitled to when my school has broke the contract? like do they owe me anything and do they have to pay for my plane ticket home? i defiently don't wanna stay here but would love to stay in china... help help help

dessy

[gfell]

You would need to read over your contract and find what they have broken and then present this fact to them direct. If they wont rectify this, then obviously you have the right to take it further and claim compensation. However, the only way to achieve this is via a solicitor, public prosecutor or possibly your agent could assist.

You have to weigh up whether it's worth your expense and time. This is typically why some schools aren't afraid to take advantage of teachers, because they know you are in a foreign country dealing with a language you don't understand.

[exported_kiwi]

I agree with with Gfell. Read your contract damn carefully to ascertain whether, or not, the contract has actually been broken. If you determine, after careful thought, that it has been, first you should approach your FAO and present the problem to him/her. It's their job to take care of it in the first instance. Once that's done, and no action(s) have been taken, put your complaint, in writing to the Head FAO with a CC being sent to the President of the school you're at. Make sure you write the letter clearly, using no big words or long sentences because most of it would be hard to translate for them. You want them to understand what your complaint is, not confuse them and make it take longer.

If this fails to produce results you can go to a solicitor and also SAFEA which is the state bureau responsible for foreign experts etc. Be aware that this takes a lot of time and usually costs more than the restitution so you have to weigh up whether it's worth it as your situation is unique to you specifically.

Have a look at the breach of contract penalties. This is the one that affects you most when you want to leave. Funny thing is that, in China, schools/employers will read and interpret a contract their way, as we read it ours. Their way is usually the way it's going to be implemented/enforced. The penalty clause probably won't entitle you to any financial payment from the school especially if you're the one opting for an "out". The school can merely find fault with you and say that you breached in one of a myriad of ways that you'll have no way of knowing about, let alone protecting yourself against them.

It's a difficult time to just pack up and leave too, which is what many people do. The term is already half over and unless you're willing to accept pretty much anything, anywhere, the chances of finding a good job are slim and it's possible that you'll end up back in the frying pan after leaping out of that particular fire. Might actually be best to just stick it out until Feb (term end), and in Jan, look for a new term job elsewhere. Also depends on how much of your paperwork the school holds. Always keep your passport etc safe and don't give it to anyone once you have the residence permit/visa.

If your grievance isn't too serious, like being kept prisoner being serious, then consider just staying there, gritting your teeth and chalking this one up to experience.

I'm sorry you're having a rough time there, wherever you are. I've had some bad times here too, and have walked away from contracts if the contract was seriously breached and there was no apparent remedy. Think long and hard about it before/if you decide to do this, know where you're going next and always let us know how you're doing etc. I know folks here'll try to help as best we can.
Good luck Dessy and take care!

[dessy]

i CAN'T TAKE IT ANYMORE!!!!!!!! HELLLLLLLLLLLLPP... i need to leave this school! does anyone know how to quit..the only thing i got on the is 2 unpayed hours a week.. can i leave over this without being the one who broke to contract?? plzzz help

[Chris Bishop]

I have experience breaking a contract. My employer fudged on the hours (sounds like that's what happened to you) and on top of that could not get me a Working Visa, requiring me to make a trip to HK once a month. Needless to say these trips were not reimbursed and so they took up most of my meager RMB salary.

What I did: I didn't want to ditch out on my students because I had taken a liking to them and I knew that they would NOT be refunded if I jumped ship. I told my boss that I'd finish that quarter but then that would be it. He said OK at the time but a few days later he brought me into his office and tried to convince me to stay. He even offered me a raise and said he'd drop my hours back to what they should have been originally.

It was too late for me, since I really wanted out by that time, but you might want to consider this tactic. Most Chinese employers do not want to lose their cash-cow foreign teachers so your situation might improve with just a little threat.

As for how my story ended, I was a bit worried about being jipped out of my last paycheck, but I did get it and my ex-boss even drove me to the bus station.

By the way, I have heard of people suing and winning in China. You'd have to be doing it on principle for it to be worth the effort though.

Good luck.
CJB