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Posts: 2

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Q: invalidate contract with school

Hi all

does anyone know if Covid 19 is classed as force majeur for contacts with school.  My contract runs until November but I am stuck in the uk - I left China by agreement on 27 jan.  I wrote to my School yesterday and said since I have no money and probably no realistic chance of getting back before the contract ends.  So I wished them well for the future.  They responded by asking me for 1 month's salary as per the contract.  Is there any new regulation about the virus that may help me?  Or do I just wait out the contract?

 

all guidance welcome

3 years 47 weeks ago in  Business & Jobs - China

 
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Governor

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Copy and paste this to the professor (of course he calls himself professor but has never published anything)

Dear professor,

I'm fine, thank you for asking. I hope you are too.

In regard to me paying you one month salary because the school was closed due to Covid19, let me say: Bwahahahahahahahaha. Good joke. I never knew you were a comedian.

Good luck and wash your hands.

Kindest regards,

Dancing White Monkey

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3 years 47 weeks ago
 
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Posts: 3837

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are you owed any money by the school?

do you have any money left over there in Chinese bank?

if so, you should try and repatriate it.

if not, there is *** all your school can do about geting money out of you.

 

basic health and safety at present would prohibit leaving the UK, especially as if you were to arrive back in China, you would be quarrentined at your expense.

as it is, i am sure such travel would be discouraged.

 

you could cite a sudden unforseen family obligation that have arisen that prevents you from returning.

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3 years 47 weeks ago
 
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I'd say, if Contract carries penalty for breaching it, i.e. one monthly salary, it must also include ' ... except in case of force majeure ...' stipulation and this is (Covid) 'force majeure', so penalty shouldn't be imposed.

However, only Q I have:

"Where are you going to address your complaint?", if school won't pay your last salary as a penalty for Contract breach.

 

Before Labour law changes in China (2017), there was a Foreign Expert Bureau (SAFEA), which approved one's Working permit, but as it looks, that government org. ceased to exists.

Now, unless you find a Gov. body, where you can file a complaint against your employer, principal of your school is the holly boss.

 

IMO, you shouldn't tell school "I don't have money ... to return to China" unless they owe you salaries.

There are brazillion different reasons why you can't return to China ...

I would go ...:

"Yesterday, I was at the Chinese Embassy and I inquired about possible return to China ... 'cause I am bound by the valid Contract, and they replied that nobody can return to China from abroad because of the Covid ..."

Now, if School insists you should honour signed Contract and return to China ASAP, let them manage that and find out how you can return ... and if you are not in the mood for return, you can always become ill or something ...

 

Good luck!

Tintinoo7:

Thank you for that - my concern is, will I have a problem going back to China in a year or two?  My current contract ends in December so it may lapse before UK to China travel is allowed.  I hope there's no automatic contract extension!! Do you know if this might create a problem in the future?

 

refsrds Tintinoo7 

3 years 46 weeks ago
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icnif77:

It might or it might not, who really knows ... I've never read any of the Chinese laws and I've never violated any of the contracts I signed in China, either.

Despite all that I experienced a lot of troubles with employers 'cause they don't respect laws and signed agreements between both parties.

Before 2017, I usually relied on Foreign Expert Bureau (SAFEA) to sort out problems I had with Chinese employers and now as it looks, SAFEA doesn't exist anymore, so your RP sponsor is the boss. 

We used to use term here 'TIC' as 'this is China' or in other words, laws and regulations don't count, but it will be as we (Chinese employers) say.

That's why I said: 'Good luck!'.

You will know more about repercussions as you will re-apply for new Z visa. You might get it or you might get denied.

 

3 years 46 weeks ago
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3 years 47 weeks ago
 
Posts: 717

Governor

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Copy and paste this to the professor (of course he calls himself professor but has never published anything)

Dear professor,

I'm fine, thank you for asking. I hope you are too.

In regard to me paying you one month salary because the school was closed due to Covid19, let me say: Bwahahahahahahahaha. Good joke. I never knew you were a comedian.

Good luck and wash your hands.

Kindest regards,

Dancing White Monkey

Report Abuse
3 years 47 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