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Breach penalties, leaving job before contract ends


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Posted

Just been given a contract to sign and it contains this. I'm not to happy about it. Is it common?

Ⅷ. Breach Penalty

When either of the two parties fails to fulfill the contract or fails to fulfill the contract obligations according to the terms stipulated, that is, breaks the contract, it must pay a breach penalty of US $ 500 to 2,000 (or the equivalent in RMB).

If Party B asks to cancel the contract due to events beyond control, it should produce certifications by the department concerned, obtain Party A's consent, and pay its own return expenses; if Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty to Party A.

If Party A asks to cancel the contract due to events beyond control, with the consent of Party B, it should pay Party B's return expenses; if Party A cancels the contract without valid reason, it should pay Party B's return expenses and pay a breach penalty to Party B.

Posted

Yeah, it's standard. I've signed the same thing a number of times. It has the stunning result that anyone wanting to quit their (almost always) teaching job does a runner instead of handing in notice.

It's part of the State Bureau of Foreign Experts official contract. In fact, it's probably an indication that you are at a half-way reputable school.

Posted

What Roddy said.

It is standard and a reasonable indication of a fully legal and official situation (good news) and anyway is totally unenforceable! (even better news)

I have signed this nonsense several times over the last ten years, disappeared for sanity breaks and reappeared, all without penalty.

It is the ancient art of "covering your ass!" If you do disappear mid contract, the waiban can say, "Don't worry! We can sue!" and therefore protect themselves.

I don't think think they are going to extradite you!

Ignore it. Don't worry

Posted

What Roddy said.

It is standard and a reasonable indication of a fully legal and official situation (good news) and anyway is totally unenforceable! (even better news)

I have signed this nonsense several times over the last ten years, disappeared for sanity breaks and reappeared, all without penalty.

It is the ancient art of "covering your ass!" If you do disappear mid contract, the waiban can say, "Don't worry! We can sue!" and therefore protect themselves.

I don't think think they are going to extradite you!

Ignore it. Don't worry

Posted

The really bizarre thing is that I was vaguely drunk last night and can't quite remember asking about the wormhole. Out of curiousity, how did you manage to do that?

Posted
Out of curiousity, how did you manage to do that?

I wish I knew! Unfortunately I was more than "vaguely" drunk!

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