Contract Violations

[Hypiereon]

What can you do in the case of a contract violation?

In most cases the contract is simply being interpreted differently from two different perspectives. The employer is interpreting the contract in a way that is more beneficial to him, and you were simply "understanding" a contract to have certain obligations the employer had no intention of fulfilling.

So, your single FIRST best course of action is to make sure that your contract cannot be "creatively interpreted" and that you are not "understanding" it to say something it really doesn't say. If you have a genuine gripe though, there are at least two things you can do.

1. In China go here and try this website:
http://www.englishschoolwatch.org/we...?topic_id=1462
I've never used them, but it seems they may be able to advise you and give you options or maybe actually help you out. However, because I've never used them nor have I ever heard of anyone else using them, I have no point of reference to speak of the quality of help you may recieve.

You can surf the site for contact information in dealing with contracts in other countries as well, but it seems China is the place where the majority of people are getting burned by contracts.

2. Contact the mayor of your city. This may sound like it will never work, but don't reject this idea out of hand without giving it a try. First, if you have stayed with a capital city in one of the provinces, your chances of successfully resolving your case in going to the mayor of the city are actually quite good. Second, I know of someone this actually worked for.
Case Story: A woman in TianJin had a legal dispute with the management of her apartment complex regarding the garden’s responsibility to provide security for the tenants as a thief had managed to break into her apartment. The management claimed he and the apartment complex had no responsibility. Case closed. This foreigner then took her complaint to the mayor’s office in the form of a letter and thought nothing more of it. Several days later the mayor called and asked if her situation had yet been resolved, she said no and the mayor hung up. Less than 5 minutes later the manager of her complex was calling to have her come into his office where they would "talk about her situation again" and the issue was resolved to the foreigner’s satisfaction.

The point being made is that you have no power or authority over whoever holds your contract. In this case, the foreigner had no authority over the management, so she made an appeal to someone who did. In your contract, do not waste time arguing with someone who you cannot influence, but rather take your case to someone who can. While the mayor was the person the foreigner went to in this case, someone else with similar authority over the manager would have also been another possibility.

I say this is something you should try simply because if my friend had no contract with his apartment complex, and security issues were an "understood" part of living there, I would think a clear case where your contract had been violated would logically be a much stronger position to begin with in writing a letter to the mayor.

If anyone has ever tried the website, I'd really be interested in knowing how it turned out. If anyone else has a story to share about how they successfully resolved an issue, I'd be real interested in reading about that as well. As for me, I have learned to write my contracts very specifically and very carefully as a means of avoiding future difficulties with "creative interpretation."

[Elysa]

Thanks for the information. I've written to Mr. Chen, and I'll let you know what happens. Elysa

[Scotty]

Smiths School of English Japan--http://www.sse-franchise.com

I have experienced direct and flagrant Contract Violation while working for, and studying under, Mark Smith of Smith's School of English in Japan.

This company (as I find out after some time there, not before) has quite a record for abuse of the rights of foreigners in Japan. There has been several suits filed against them, with one large win (payout of 50,000USD) just recently.

Contracts are written exclusively by him. They are written in English. Or they are made by verbal contract.

In Japan, as a foreigner we have the right to go to court. The expense and time taken to do so however is much larger and longer than in Western Countries.

The legal system will accept emails as proof of contract. Everything must be translated to Japanese at the cost of the complainent.

Smith's School of English owes me (by contract and emails) 26, 000USD for
a. Mentorship program
b. Unpaid Profit Share agreement for Managing the Head Office School

In Feb 2004, when I left the company I had asked Mark Smith to honour this contract at least 4 times for a & b.

He refused (verbally of course, and by not paying). He offered other little carrots that were not related and payed other little monies not pertaining to contract to try to keep my quiet.

He even payed me 500,000yen for a sale I performed to try to shut me up about the money he was supposed to pay..

After Feb 2004, I sought legal counsel with various agencies. With my proof, I can get my money back, BUT I have to pay at least 8thousand USD in legal expenses up front and first.

Also I have to go through over 1 year in legal to'ings and fro'ings in a country where money is time and time is money.

I don't have the financial means to pursue legal action and to get back what is owed to me. Smith's School of English's owner knows this, and will do anything to keep my quiet about this.

He knows that the legal process in Japan takes time and lots of money. So he's very careful about taking on people who have the capital and brains to possibly pursue legal process after being his 'Customer'...


BEWARE Smith's School of English in Japan's Owner.

www.sse-franchise.com
www.schoolbrokers.com
www.japan-investments.com
www.smithschool.com

are just four of the sites owned, and operated, and sold by the same guy.

[Scotty]

"So, your single FIRST best course of action is to make sure that your contract cannot be "creatively interpreted" and that you are not "understanding" it to say something it really doesn't say. If you have a genuine gripe though, there are at least two things you can do".

I agree that as much as legally and financially viable you MUST check that your contract is as specific as you need it to be.

It's YOUR contract. YOUR money and you have to look after it yourself.

This is to avoid having to pay lots of legal costs etc and wasting lots of your own time and money later.

ESPECIALLY, in a country which doesn't speak English as a mother language, and operates differently legally and other wise.

What I would add is ensure that you have the financial resources to FOLLOW UP legally in that country. The contract may say that you can only pursue legal action in a court nominated by the Owner of the company.

IF the contract says that, do your own homework and check how much time and money it will take you to follow that up.

From personal experience, and in Japan, not China. You need at least 20,000 USD and a year and a half in time and capital to be able to look after yourself.

If you don't have that to back up, check very very very carefully the company history of the company with whom you are intending to sign a contract

[Elysa]

Chen Hai Tao (Jack) Lawyer
Phone: 13902975854
e-mail: jackchenlaw@yahoo.com

Mr. Chen was very helpful. He read over my information and then gave me the name of a lawyer in Dalian. He did this for FREE! The lawyer here in Dalian is going to step in if the authorities refuse to do anything. I will post his name if things work out. I am in the process of rewritting my contract in Chinese and taking it to the proper authorities. Mr. Chen called me a few days ago just to see how things were going. So, if you need advice on a contract issue, you might call him.

[Hypiereon]

Thanks for the informative update!! Glad to hear things seem to be working out for you. Hope you can shed more light on the exact circumstances of the complaint and response later - basically, a more detailed version of the whole story so if anyone else has a similar situation they can better understand what to expect. Thanks again for the information!!!

[Amit_kumar]

The easiest way when some one violates the contract is to go to lawyer & ask his advice. This is their profession. Immediate steps as per the advice of the lawyer should be taken to prevent any further delay.

[exported_kiwi]

Quote "you can buy a pistol and 5 rounds on the black market in Guangzhou".
Pretty effective way to solve the problem maybe, good way of getting deported too though huh?
Joke folks, the weapons are available, I'm told, but I have no idea where from and wish to not know such either!

[JACOBKELL]

Originally Posted by Amit_kumar

The easiest way when some one violates the contract is to go to lawyer & ask his advice. This is their profession. Immediate steps as per the advice of the lawyer should be taken to prevent any further delay.

Well if nothing else if some violate your contract you can sue employer and get some money for nothing

[exported_kiwi]

There is NEVER money for nothing Jacob!
Good luck on suing your employer too. Very few cases are won by foreign teachers and they invariably cost more than the restitution, so maybe, it's best to just walk away and try and be happy elsewhere. I've done it, and although I can't speak for everybody, I can say that it's sometimes the best way to go.
Good luck1