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Contract breach


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Posted

I would appreciate anyones help in this matter!

Due to my new contract in another country, I have to leave China soon and informed my employers. However, they have informed me that I have breached my contract and must pay 40,000¥. I certainly do not have the funds! I have informed them that I am willing to pay a small sum. I would like to know to what extend can this be enforced? I have read mixed things online; not being able to leave the country to nothing will be done by my former employer as this is illegal. 

Your help is appreciated, thanks! 

 

Posted

Does it say this in your contract?

 

Do you need a reference?

Posted

If it doesn’t say it in the contract, have a local lawyer send a letter on your behalf.

 

Their request is absurd. 

 

If it is in the contract, then still take it to a lawyer and ask if there is anything you can do. 

 

Either  way you need the contract. 

Posted

Relatively minor disputes of this sort in China tend to get resolved without hiring a lawyer. I doubt that would be a good use of the OP's money here. But asking a friend or contact to act as a middleman to help resolve this would be useful.

 

As for advice here, I think we'd need far more background than the OP has offered.

 

Posted

Yeah, what's the actual story? I can easily imagine a company spending five figures sums on recruiting you, getting you settled in, getting your documentation, and similar amounts on a temp to cover your work while they go through another recruitment process. But a lot depends on what if anything is in your contract, and what you actually do - are you an in-demand specialist engineer, or a Y5,000 a month English teacher?

 

It's not that easy for Chinese companies to employ foreign workers. If they've incurred expense and effort to get you, you've signed a contract, and now (after how long?) you've said "Sorry, better offer, bye" then they may have a point. 

Posted

The other issue of course is just how the OP said, "Bye-bye."

 

As well, whether the employer signed or acted as guarantor on a one-year room lease.

Posted

As above , it depends on what is in your signed copy of the contract. Leaving the country had nothing to do with the police. Its a civil matter, not criminal.

 

If you need a reference you should try resolve it amicably. If not and believe they are trying to pull a fast one, pack up and go.

Posted

Don't worry about a thing Rock Star. The rules are for other people; they don't apply to you. 

Posted

Hmm, I hope rock star realises that you're kidding abcdefg , you're aren't you☺

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