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  • nilson
    Points:12
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    (0)

    I have signed a contract but no longer trust the school, can I cancel my contrac

    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. 

    9 years agoin Visa & Legalities-All
    Answers(4) Comments(0)
  • benson
    Points:30
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    Yes, I was worried about this. If I cancel my contract and they have already applied and received a visa invitation however I have not received it and do not yet have my Z work Visa. Will this cause problems if I try and apply for another school in Shanghai? What about if I try and apply for a school in a different province?

    9 years ago
  • mamian
    Points:30
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    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.

    9 years ago
  • gilberto
    Points:30
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    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.

    9 years ago
  • lucy
    Points:12
    (0)
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    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.

    9 years ago

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