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Posts: 458

Shifu

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Q: What are the most common breaches of contract in China?

Non payment of wages, increased working hours, termination of contract, holiday time denied etc, etc, etc?

And, really, to what what extent are signed contracts actually legally binding for employers?

12 years 7 weeks ago in  Visa & Legalities - China

 
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Posts: 1932

Emperor

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In my experience, the private employer will take the entire contract, and ignore it entirely, and have you work when the opportunity to make money arises, and pay you as little as they can without you freaking out. Use your imagination and they will surpass it.

If you ever bring up contractual breaches, they'll just start intentionally breaking it, going through it clause by clause, as a show of authority.

MissA:

That sounds like a good way to lose good employees, and only keep those who are too crap to find work elsewhere (says the girl working on her contractually promised day off!)

12 years 7 weeks ago
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kchur:

They plan for heavy turnover. You'll never catch me working at a private institution in China again.

12 years 7 weeks ago
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12 years 7 weeks ago
 
Posts: 7715

Emperor

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Other than the above, visas! Which, really, is probabaly the worst one. Especially if they hold your passport (which they have NO right to do!)

But, the most common, is working hours/days. As Kchur said, you won't catch me working in a private institution (he says now... Tongue)

kchur:

It took me a long time, man.

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12 years 7 weeks ago
 
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Emperor

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In China, everyone is a big fan of contracts, and signing them and affixing your thumb print on it to.  But you know what, they are not worth the paper that was used to write them.  They are broken at will, and with impunity, by the employer, and streeched to the limit by the employee.
Compare them with toilet paper, and I am sure you will come to a good use for them.  wink

And please, do not waste time and good money to take them to COURT.  No Chinese magistrate will render a decision favoring a foreigner in a dispute with a local for a matter of contractual obligations not futhfilled.

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Heck, I'm not sure if the contracts are actually broken as opposed to outright ignored. I think that here, the contract is for the employer and has very little in the way of benefits for the employee. Broken on a whim that pleases the employer, contracts are a joke. So, in an effort to answer your question I would have to say that from the employers point of view here that contracts are breached when the employee doesn't do every little crappy thing the employer wants. I would venture to add that contracts are breached by things not in the initial contract in the first place. (Sleeping with coworkers, calling in sick..........)

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12 years 7 weeks ago
 
Posts: 149

Governor

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Most contracts in China are not worth the paper they are written on , its not worth loosing sleep over.....you wanna finish go home  so go what they gonna do..........??????????

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I do have one piece of advice when it comes to contracts here - find a good local kung fu place, start up lessons, practice on campus (if you're not too bad, or good at acting). They'll be less likely to get in your face about details if they're afraid you can knock them on their arse! (trust me, I did it... and started a rumour that I'd punch out the director's face next time he lied to me. He was somewhat coy aound me after I had that doing the rounds Laughing out loud)

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12 years 7 weeks ago
 
Posts: 1197

Shifu

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Trying to make you work on the holidays and being late with your money are the most common ones in my school. If you make enough noise about it then the problem will get straightened out fairly quickly.

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12 years 7 weeks ago
 
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77