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Breaking Your Contract in Prc: New Consequences for Pulling a "Midnight Run"

Anyone who has lived in Communist china, especially those in the ESL field, might recognize this scenario: You lot show upwardly to work ready to first the day but notice your boss in a frenzy, frantically dialing digits on the phone hoping to get a response from your co-worker who just and so happens did not show up that day or provide anyone with a valid absenteeism excuse. Later a solar day or two of being MIA, information technology's a prophylactic bet that you lot'll most likely never see your disappeared colleague ever again, because he or she probably pulled the infamous "midnight run"—grabbing your paycheck and leaving the company before the contract ends without telling a soul. While breaking your contract in China had very few repercussions in the past, times accept inverse and the government has now issued new measures to dissuade foreigners from breaking contracts and punishing those that do. Before you or someone you know decides to pull a midnight run, here is some information you lot should know concerning the edicts of breaching your employment contract in Mainland china.

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Consequences for expats breaching their contracts

There are some new rules to the game that you lot should take into consideration before breaking your contract via midnight run. Every bit of February 1, 2013, the Country Administration of Foreign Expert Diplomacy (SAFEA) now has an online database where companies tin can put the personal data (including nationality and passport number) of foreign employees who've breached their contracts. (Click here to encounter a sample list of midnight running expats). Major breaches of privacy aside, having your information on this list will also red flag your name with other companies looking to hire you lot and seriously harm your brownie. Furthermore, if the company reports you, they tin can take yous blacklisted from People's republic of china for three years or more than if they're actually looking to seek revenge. In the worst-case scenario, which might be more prevalent with major corporations rather than ESL institutions, a lawsuit can exist filed. Though law suits are much less common in China than they are in the West, they're definitely the last place a foreigner wants to exist since, as China Law Weblog warns, foreigners tend to do "poorly" in Chinese courts when facing contract disputes.

How to switch from one company to another

The expert news is switching companies within Mainland china, even if it means leaving your contract early on, is possible and relatively hassle-free equally long every bit you didn't burn whatsoever bridges. According to TeachAbroadChina.com, to switch ESL jobs you need a alphabetic character from your previous visitor stating that you no longer work there anymore (aka "release letter"), your personal medical examination results and the foreign practiced certificate; all of which your ex-boss should have and lawfully provide. Once your new visitor has these documents, they should be able to do the rest to maintain your Z Visa and keep yous in the country legally. However, if you leave on bad terms your old company can very well refuse, delay the transfer and/or "accidently lose" any of these vital documents. If this occurs, it volition be very difficult for y'all to become a new Z Visa and hypothetically hinder your employment status at your new job. Information technology could also be expensive by forcing yous to pay for a new medical test and make another visa trip to Hong Kong or your habitation state.

How to professionally quit your chore

There are a number of reasons people decide to intermission their contract. Some of the almost obvious range from personal health issues to family emergencies back home. Reasons like these should be deemed equally tolerable excuses since your boss should sympathize the inevitable misfortunes life throws at us. On the other hand, while bulk of companies/schools are reputable, there are shady operations out there that can make your life a living hell. Those trapped in this unfortunate circumstance have an eternal list of grievances and volition exercise anything it takes to escape before things get too ugly. But no affair what your excuse is, by leaving y'all're all the same breaching your contract and technically breaking the law. If y'all must resign, there are a few things yous can do to aid soften the crash landing.

Outset re-read the contract you signed because leaving might be a lot easier than you call back. Some contracts, especially for certain ESL schools, have iii-month trial periods for the teacher to see if he or she is a good fit for the school, making it easy to become out of the contract with piffling repercussions during that timeframe. My piece of work contract, for instance, too says that fifty-fifty though the employee should consummate the term of the contract, information technology is possible to leave simply by giving a 30-day detect. 2d, don't lose your cool. Emotions can run high on both sides of the table when addressing this sensitive issue, but simply remember that losing your atmosphere tin create a mountain of bug that could screw you over in the long run; particularly if you need the paper piece of work for another job within China as mentioned in the "switching chore" department. Lastly, since every situation/company/contract is different, enquire some of the others at your work almost people who've quit in the past. They tin can well-nigh certainly give you ameliorate advice on the issue since they have seen it with their ain eyes and possess a sure "insider" noesis.

Use your best judgment

In determination, information technology'due south ever best to stop upwardly your fourth dimension accordingly, which shouldn't be too hard since near out there have only signed ane-yr contracts. While this may seem long at start, it's actually not. Instead of jumping the gun and escaping to the aerodrome in the middle of the nighttime, requite information technology a take chances—you may even detect that information technology'due south not as bad as you idea. When I showtime moved to China, I was disappointed and considered leaving. Only over time, it grew on me and I've been very content with my life here ever since. In the unfortunate incident that you lot do go stuck inside an "evil" company who's treating you poorly and truly believe negotiating or rationalizing with the dominate will but brand matters worse, then past all means tough times telephone call for tough measures. Just make certain that you are fully enlightened of and willing to accept the consequences before taking off on a midnight run. Don't say we didn't warn you lot!

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