About a month and a half ago I signed a contract with a school in Shanghai. However for many reasons I am getting the vibe that they are doing something fishy and I do not get the feeling that I am receiving a 100% legal visa. The contract they had me sign was not an official SAFEA contract. I am considering canceling the contract however I want to know the legal rights that I have in doing so. Under the termination section, my contract says
"3. The Employee is required to compensate Employer for the basic salary for one month and visa fees if Employee stop the contract such as break the contract after the probation period randomly. Employer has the right to cancel the visa for Employee immediately.
4. Employee is required to wait Employer to find a suitable candidate before the termination of the contract."
My employer has processed the visa for me but has not mailed it to me yet. Will I have to pay the visa fees? Am I within my legal right to cancel this contract and apply for another school in Shanghai or would this get me in to trouble? Thank you for any help you can provide.
There's a couple of things you've forgotten.
Firstly - if you choose not to come here, what are they going to do??? Chase after you? At worst, as you might be fearing, they might tell a few people in other schools here you're not a good choice for employment. however, given the number of schools and all in Shanghai, that's not really likely to happen!
is the PSB or other relevant authority that does visas going to care... nope! They see thousands of such applications.. why should they give a damn because one of them gets cancelled? After all, there's nothing that's really going to happen if an application is made, and then not followed through on.
And, lastly, remember that all contracts have a probation period anyway... so you could legitimately jump ship (or get fired) with no repercussions! In fact, it's been one way some devious places have gotten out of their legally binding penalty clauses! (well, saying it - not that they actually meant anything!)
If School's name you wrote is "Kiddie English', school is most likely unauthorized to hire FT, or such School can't apply for Working permit and Invitation letter, both documents needed for Z visa application.
If School is unauthorized to hire FT, Contract you signed is invalid, or in other words it doesn't carry any obligations. You don't owe School anything, if you don't respect the Contract, and sign new Contract with legally authorized school for FT hire.
Its difficult to write right advice without seeing 'Working permit', you received from the School.
You can give us a snap shot of the WP you received, just blank out your name.
WP is A3 format paper with text in Chinese characters. On the bottom of the WP is Chinese red stamp, some 4 cm in diameter. That's how real WP looks like, and it must be original, not copy/scan version.
When School mails WP, it always comes together with Invitation letter.
You could also dial SAFEA in your working city (Shanghai), and inquire about the School with them.
Enter 'SAFEA' in search above for address and contact nos. in your city.
Working permit! I always get back the same document I submitted to Chinese Embassy when applied for Z.
I looked for AEP on Yahoo-gle, butT... that's for Philippines.
It looks like FEC (Foreign Expert Certificate for teachers), small, passport size dark blue booklet in Chinese with photo, current employer, some 6 or 8 pages.
WP is a piece of paper in Chinese with big red stamp on the bottom. No photo, just name, employer/school's name and some other text in Chinese.
Yes, AEP is FEC, but WP is SAFEA's issued doc., we (FTs) need at Z application with Invitation letter.
What WP are you referring to? My Alien Employment Permit (non-teaching WP) is a small booklet with a number of pages (I guess about A6 size) It is definitely not A3 size. It has Alien Employment Licence written on the front in English.
Are you in fact referring to the Alien Employment Licence that the employer must get?
or are things done differently for teaching WP's?
Personally, I (and many others) would prefer cities like Nanjing or Suzhou over Shanghai...
Also, just down the road a bit, is Hangzhou.
all of those aforementioned cities have a lively expat scene, as well as things like hills and trees and the likes... you won't find a lot of those around Shanghai.
Thank you for all of your answers. I have one last thing to bring up. I read this on usembassy-china.org.
"- Early Termination
Contracts should always include an acceptable early termination clause. If a contract is terminated early and the employee wants to work at another school in China, a “Letter of Release” from the previous school will be required. This letter allows the next school to officially register the teacher; without it one cannot work legally at a new institution. "
I understand that this contract is not legally binding in any way , but should I be asking for a Letter of Release or does this not matter? Thank you for your continued help and support.
Just say you showed the contract to a legal friend.
Then ask questions.
Is this contract legal under Chinese law? My friend says no.
I dont like this part, can I change it?
Do you apply the 5 year law? What is the 5 year law.
This contract is in English. Is it legal?
Trust me on this. Chinese employment law is fuzzy. No one understands it. Start quizzing them, and they will decide you are more trouble than they are worth.
And do it all via email. Your webcam is broken. No more skype.
If they get nasty, no problem. Are you using a gmail account? Ask them how they can do that when it is bannned.
Do they have a license to employ foreigners, or a buisiness license? Ask for a copy so you can scan the matrix code ( wechat has a handy scanner where it will tell you all public domain info attached to a business license, including deposited capital).
If you keep asking questions, they will soon forget you exist.
But anyway, come to Guangzhou, its much better than Shanghai.
Yep Sorell makes a good point; none of these things are enforceable. I'd be surprised they even went to the effort to cancel your z visa. The owner of a school I spoke to said it was such a hassle to cancel a visa he would only do it if somebody had really pissed him off.
Wait you're not even in the country yet. Ah that makes it trickier. You might want to apply for another job and they haven't cancelled your visa. How can you apply for another job? Hmmm I'm not sure maybe somebody else can answer. Like Sorrel says I would just say somebody in your family got ill and you cannot leave for China. maybe there is someway you can find out if they have canceled your visa. If they haven't you could work somewhere in shanghai. If they have you can start the process again i think.
The contract will not be binding in your own country
schools in shanghai are expensive to set up and usually follow visa regulations correctly. most are part of big branches.
two words that i have heard students use to be absent from class:
Family illness
the school is hardly going to send a representative over to your home country to verify if your parent is going into hospital/needing surgery/dying.
Until you step off the plane and hand over your passport to the PSB for the RP, you still have an out.
Then just don't respond to their emails/phone calls etc.
I have not had to do this, but it was always my back-up plan if the school were really ****ing me over, but i do know some FT's who did. EDIT: I do know an FT, who when he said he had to return home to attend a family funeral, he was asked for a copy of the death certificate. When he returned, he was super angry with the school for the rest of the semester. Especially as they wanted him to make up the time.