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Author Topic: Foreign workers rights in China?  (Read 21759 times)

kloke

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Foreign workers rights in China?
« on: March 02, 2014, 03:14:52 am »

Hello guys,

Been dealing with a very stressful situation in the school where i am teaching, it´s been 6 months and i came to the conclusion that i need to end the employment contract with them, they have been giving me no condition for teaching my technical classes, the school management is just absurdly disorganised in every possible way, just to give you an example they only gave me the teaching schedule for this semester one day before class started, I have no access to class preparation material, no teaching support in any way, I have no physical material for class, the students only can communicate with me through a translator as they don´t speak English, and i am completely alone in professional therms, no foreign teachers I am just the only one, only have 2 Chinese colleagues that i can communicate in English and the school has been ignoring my simple requests since day 1.

In these 6 months i really have tried to make things work for me and the school, i have been using my own material, using my own payed resources (personal laptop, video camera, professional photo camera, professional sound recorder, personal software, etc.), i even spent my own money and bought a lot of technical books i should have brought with me but the school lied and said they would have everything here when i arrived, that i would have access to all the material i needed. So it´s been really stressful to work in these conditions, i sometimes work 16 hours a day giving classes and preparing classes and next day i don´t even have a class with a computer for the students, imagine trying to give a software class to the student without any computer, or giving a video production course without a camera, on top of this the students are really off, they don´t even care about anything much less what i am teaching, but that´s their problem! I just get really frustrated into putting so much energy into my work and having nothing in return besides my paycheck at the end of each month, as i did not came here for the money it´s a really sad professional situation, i have never been so disrespected professionally as i have been here.

But i am not here to make complaints, just wanted to know if there is any legal Chinese law or government bureau that i can activate to protect me in therms of contract, as the school will make me pay the airfare ticket, medical examinations, visa and some more paper work stuff they paid when i arrived if i breach the 3 year employment contract, as i am being forced to quit due to the working conditions (it´s really impossible to lecture the students), just wanted to know if i have any chance of just making the working contract invalid and just go my way.
Another doubt is if i still can keep my z working visa after the contract is broken with the school?

All the help will be appreciated as i just feel really weird in this situation :(
« Last Edit: March 02, 2014, 03:28:40 am by kloke »
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Aussie Mike

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Re: Foreign workers rights in China?
« Reply #1 on: March 02, 2014, 10:40:11 am »

You need to take this up with the PSB. I had a bad experience with a school a few tears after I arrived. I wrote a letter of complaint to the PSB about the situation, in English.  The matter was dealt with. The school closed soon after, not because of my letter but because it was another complaint they had about it.

I suggest you find someone to escort you to translate for you but put it in writing.  They will assist you and you should be able to change jobs for a much better one. The PSB is concerned about these disrespectful schools and will take the matter seriously.

Good luck, if you need help finding a better job, call me.
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kloke

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Re: Foreign workers rights in China?
« Reply #2 on: March 03, 2014, 02:40:21 am »

Thank you very much Mike, I will do that after tomorrow, I already have the complaint written! Tomorrow i will have the meeting with the school Dean and then decide how things will go from there, depending on his reaction, but it´s really good and i feel much better to have one more option up my sleeve :)

I really appreciate your precious advice and i will contact you when all of this is sorted out.
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x0vash0x

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Re: Foreign workers rights in China?
« Reply #3 on: March 03, 2014, 04:18:36 am »

situation isn't weird, it's relatively normal. Situations like this happen surprisingly often in China.

If you go through the proper channels, you can probably keep your Z Visa until it expires. The proper thing to do is go to the PSB.

The biggest question you have to ask yourself is if you want to stay in China. If you want to stay in China, then you really should go to the PSB. If you're thinking about going back home, then just get a ticket and leave.

Also, I high recommend you tell us what the school is so future individuals can stay away.
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kloke

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Re: Foreign workers rights in China?
« Reply #4 on: March 03, 2014, 12:48:33 pm »

Thank you all for your great support, wise and kind advice.

Before i came to China i had read in some forums including this one similar situations to what i have been through this past 6 months, but i searched for this school´s references and everyone talked positive about it, and the contract terms seamed reasonable at the time, so i signed everything without first coming to the school and check everything by myself which proved to be a huge mistake.
One thing that might be different in my situation from a normal English school foreign teacher is that i was given 5 different technical subjects to teach during these 2 semesters, so if i was teaching English in a school with just one subject in the same situation I think i could handle the situation, even with stress, so my problem here is really my mental stability and my overall health, if you imagine you have to prepare 5 different very complex subjects each week without even having access to a single book to work with, limited Chinese internet, plus no access to any material from past years and you even have to elaborate a full year teaching program for each of the different subjects, i think this would make many people just insane :(
I am not complaining here it´s just for you guys to have a clear idea of what kind of mental pressure i have been going through these past 6 months.

I have not decided what my plans are, but i think i will not want to work for a Chinese school anymore in the future, maybe other kind of work or maybe i will apply for a Chinese foreign scholarship to study the Chinese language which was one of my main objectives when i first came here and i feel ashamed that i only know a few simple words and numbers :( would be nice to keep my Z visa, but let´s see what will happen when i talk with them.

After all is sorted out with the school management i will write a full report here on the forum, so other people at least know what they are getting into before they sign any contract with this institution. For now i just prefer not to mention the school´s name as the resignation meeting is tomorrow.


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kloke

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Re: Foreign workers rights in China?
« Reply #5 on: March 04, 2014, 10:22:07 am »

Thank you 大枪 i did not knew that about these students, what i was told was that they did not had enough qualification in terms of grades to enter into a public university so these private schools are there only way into a higher education, but it seams that i was lied to :(

As for you suggestion about running my own classes for foreign expats i did not think about that option as i do not know many expats here in Hefei, and i don´t think many people would be interested in technical and artistic subjects combined.

Thank you for your advice on the learning Chinese language courses here in Hefei, i will look at both options :)

I will post more developments about my situation tomorrow, as the meeting i had today was not conclusive and they did not accept my resignation letter, so tomorrow i have another meeting and this one has to be conclusive for me, but as you suggested these negotiations have to be taken with lightness and care.
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Aussie Mike

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Re: Foreign workers rights in China?
« Reply #6 on: March 05, 2014, 05:33:20 am »

An interesting point!  Most of us put that in the too hard basket with little evidence of success.
However, it should be an easier option.  More information on this process could be extremely helpful.
My experience has been that the PSB has been successful for me and for others.  I'm still here.
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x0vash0x

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Re: Foreign workers rights in China?
« Reply #7 on: March 05, 2014, 06:23:02 am »

An interesting point!  Most of us put that in the too hard basket with little evidence of success.
However, it should be an easier option.  More information on this process could be extremely helpful.
My experience has been that the PSB has been successful for me and for others.  I'm still here.

I agree with Mike. I think the issue is simply that it's too difficult, at least here in Hefei. China doesn't have the strongest rule of law and in cities like ours, it's nearly non-existent. While there are formal measures as kaibo 开 博  pointed out the majority of the time: "if there is no 'guanxi' they do not want to know about it and they will pass you off as just another problem or weak-spirited 'bitching' foreigner."

The time and effort required to build up guanxi to deal with these kinds of relationships is time consuming to say the least.

What I have seen happen is to find another employer who wants you and then tell them 'I want to work for you but my old school refuses to end my contract with them' The goal being your new school can put pressure on your old school to let you go with minimum of a fuss.

In the end, it comes down to having some kind of Chinese entity on your side, whether it be a new employee or someone who owes you a favor. Even if you go through the proper channels, without a Chinese entity on your side, you're at a considerably disadvantage.
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Aussie Mike

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GuanXi, does not exist for foreigners!
« Reply #8 on: March 05, 2014, 06:53:36 am »

Let me raise a few issues here!

1. GuanXi is a Chinese concept for Chinese, it is cultural and stems from tradition. (Dare I say, corruption)
2. GunXi can be extinguished at anytime to foreigners for any reason and without reason.
3. GuanXi is not bequeathed, if your source dies, so does your guanXi.
4. If your GuanXi source looses face, good-bye to your efforts, in fact you also become part of the problem.

As a foreigner, build respect and help where you can without expectation of reward or GuanXi, you will be surprised where help comes from when you need it.

I offer what I can, and accept what is offered.  I give more than I receive but I love to help.  I owe no one and no one owes me.
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Aussie Mike

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Re: Foreign workers rights in China?
« Reply #9 on: March 06, 2014, 03:36:56 am »

I don't dispute anything you said there. You confirmed my statement.
GuanXi is for Chinese not for foreigners.  Treat people well and you'd be surprised where help comes from when you need it. Thanks again by the way.  ;D
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kloke

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Re: Foreign workers rights in China?
« Reply #10 on: March 06, 2014, 10:59:04 am »

Once again i truly thank you all for your truthful answers and great experience in the matter!
One thing is all the local Chinese terms you guys use i cannot fully understand but i know one i will :)

One thing i got conclusive these last days is that i should at least stay 1 year as stated by kaibo, i was really reluctant on doing this but know i understand it and i have to do it for my own personal balance, i have been negotiating with them all this week and things are getting better, as they agreed to reduce my teaching hours from 20 to 14 which is a good start, the only thing that remains is the clause on my contract that says i have to pay them all the expenses they had with me if i break the contract, so i am trying to make them review this clause and take it out of the contract and in return i stay until the end of the semester and help them in the coming year recruiting process.

Kaibo thank you very much for your offer, but i at this time i really cannot get them to sign a recommendation letter on my behalf, maybe when i get to the end of the semester i will do it and the release letter as well.
This school is not Chinese anymore it was bought in 2008 by a education corporation from Singapore, the name os the school is Wanbo institute  of science and technology.
In terms of courage I really have no problems, I have faced many hard situations in my life, I just need to fix this situation as my mental capacity has reached a limit and before i do something that i regret i need to get into a consensus with the school management, one thing i will not do if things get out of control is get a plane ticket and leave China as my consciousness is clear and i did everything i could to make things work for me and the school until a got to a rupture point!
One thing I really cannot understand here in China is the lies they give to you time after time, one day i will understand why they do it :(
I will post more developments as the negotiations go further.

Mike i am with you 100% when you say that you always help people and not expecting anything in return, i do exactly the same and have been doing this all my life without regrets, and this post is prof that help always comes our way :)

大枪 thank you very much for your advice and talk, it gave me a lot of strength to start the negotiation process with them :)

x0vash0x thank you also for all the comments and advice!
 

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Re: Foreign workers rights in China?
« Reply #11 on: March 07, 2014, 04:54:56 am »

Catch up with me soon for some respite.

I'll give you a new perspective of Hefei which I am sure you will appreciate and will retain your sanity.
Shit happens, with new perspective, it seems to become insignificant.

Love life, live life, be happy!
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kloke

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Re: Foreign workers rights in China?
« Reply #12 on: March 10, 2014, 09:04:31 am »

Sorry for my late reply but these past few days i could not connect to the forum as my vpn here is giving me a lot of problems at the moment.

Kaibo thank you very much for your invitation, i will accept the guest invitation for the laid back interview  :) but i will PM my number and you can tell me when it´s good for you.

Mike i will send you a text this week and we can go for a beer and a nice chat.

As for the situation with the school, tomorrow i will have the last meeting with them but i already know they did not accept my conditions (i asked to reduce 6 hours of teaching) which where reasonable conditions but it´s their choice and mine, so tomorrow i will try to negotiate my way out again and see where things go, i will post more updates as soon as things unfold during the coming week.

Thank you all for the friendship, support and information!
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x0vash0x

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Re: Foreign workers rights in China?
« Reply #13 on: March 10, 2014, 10:09:07 am »

I find it a bit comical that they first agreed to reduce your hours than said no.

I'd get use to that way of things. They'll say 'Yeah, we can do that! Why don't we talk about it next week?' then next week comes and they say 'Oh, sorry, maybe we can talk about it later!'

Basically, they'll kick the ball down the road as far as possible.
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kloke

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Re: Foreign workers rights in China?
« Reply #14 on: March 10, 2014, 11:27:14 am »

Yes sometimes i see them in a comical way, but this time they are way over the line as i backed off the decision i had made of braking the contract because they said they would reduce my teaching time and i am not backing off this time, some times i feel i am on another planet :(

I cannot get used to this kind of behavior, they are afraid of confronting me with there decisions, so in front they say one thing and then they tell the secretary to call me and say the opposite, i tried to respect them in every way but it´s starting to get me really angry, that is one of the reasons i prefer to leave the school.
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