Legality of contract?

[mandarinstudent]

I recently signed a contract and was wondering if it was legally binding. Here is the situation...I was offered a job at a university by a recruiter paying 6000RMB per month plus accomodations. He sent a contract by email and I signed it and faxed it back to him with copies of my passport, degree, and TEFL certificate. Now he is calling me to say that the pay is 5000RMB and the school will not provide accomodations. The contract is void now, right? Can I can look for other employment without worrying?

[imron]

What salary is specified on the contract? and is the accomodation provision listed on the contract or on the appendix to the contract (if it had one)?

In any event, if it wasn't a SAFEA issued contract (and because you faxed a copy, I'm guessing it wasn't) then it means the school possibly isn't allowed to employ foreign teachers in the first place, making any contract invalid anyway.

[mandarinstudent]

Well, the contract wasnt with the school. It was with a recruiting company saying I would be working for them, but the "client" would be Beijing University of Technology. The contract said I would be paid 6000 a month as well as a free apartment.

[imron]

Did the contract have a breach of contract clause with remuneration listed? (usually something like if either party breaches the contract, they have to pay the other party US$2000).

Write to the agent and tell him you signed the contract for 6000RMB + accomodation. If he's not going to provide that then not only is the contract not valid, but he's in breach of the contract as therefore owes you the breach penalty.

Then watch the agent write back and tell you that the contract isn't legally binding

If it doesn't have the breach penalty, or if you don't want to be quite so antagonistic still write to the agent, and simply tell him that this is not what you agreed or signed for, and therefore you are under no obligation to accept it.

IANAL, but I don't think it's going to be legally binding in any case. However, it would be still be interesting to hear what the agent says.

[mr.stinky]

right. sure. and i suppose the 'agent' provided you with a letter from the university

stating this?

sounds more like the 'agent' is playing games to see just how much he can skim off

your contract. he's likely already gotten a firm contract with the uni to provide fresh

meat. your contract is with him, not the uni. i'm sure they've already agreed to

compensation and benefits.

just another scam the foreigner scumbag, apparently.

but consider this....if he's gonna screw you before you even start, what can you expect

once you arrive and are dependant on his 'services.'

run away!!!!!!!!!!!

[roddy]

Man, you're not having an easy time of it are you . . .

Who is the recruiter? It could well be a known (for the wrong reasons) name.

Without seeing your contract it's impossible to comment on its legal standing, but generally in China, in the TEFL field, when working with recruiters - it's at best a statement of intention, which will be followed for as long as useful and then forgotten / renegotiated. At worst, it's bait.

I'd ditch them and keep looking - obviously depends on your current visa / financial status, etc, but someone who's messing you around at this early stage may well continue and 5000Y and no apartment in Beijing is pretty derisory.

If you have any direct contact with the university, might be worth getting in touch with them. I doubt the recruiter has allowed that to happen.

[mandarinstudent]

Well, the guy's name is Eric Liu and he works for China International Personnel Consultant Corp. I found him on www.chinajob.com. Yeah, it all seems pretty sketchy to me. I just didnt want to "breach" the contract and get sued or anything. I only sent them a copy of the contract with my signature, his signature wasnt on it yet. I guess I will see what happens...