IS is in breach of contract. How do we get our money??

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Rosie138
Posts: 3
Joined: Mon Feb 16, 2015 11:39 am

IS is in breach of contract. How do we get our money??

Post by Rosie138 »

I am in the second year of my contract, and the school has breached contract with the entire staff on multiple occasions. Late salaries and housing payments (some staff have even been given eviction notices), not paying flights, gratuities, taxes. No soap or toilet paper in the bathrooms, former staff room locked with no warning or reason, accreditation pulled for poor business practices. The list goes on. The situation has gotten worse since we returned from summer break, and half of the staff are still currently waiting on their December salary. Our contracts are NOT being honored in multiple ways. Most of the foreign staff are planning to leave at the end of this year, but are very worried about not receiving the monies we are contractually owed both past and future. We as a staff have reached out to the owner and board (who do not reside in the same country) both through the head of school and directly, with (not surprisingly) no satisfactory response. The next step is seeking legal advice. Some of us have new jobs secured for next year, but most are still looking. We worry about the ramifications of our involvement in any disputes.

Has anyone gone through this type of situation? What was the outcome? Any advice/tips appreciated.

PS...this school is in China. I prefer to leave out the specifics
Thames Pirate
Posts: 1150
Joined: Fri Jul 05, 2013 8:06 am

Re: IS is in breach of contract. How do we get our money??

Post by Thames Pirate »

Get out. You are unlikely to get any more money, and it won't take long for your visas and all kinds of other things to become a problem. It's possible that there are some legal options, but ultimately this school is not a viable option for you in the long run. Start working on your exit strategy.
PsyGuy
Posts: 10793
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Response

Post by PsyGuy »

Execute your Exist Strategy.

The IS is just seeing how long they can string you along with free and reduced coin until the end of the year and they can minimize refunds to parents. This situation will get worse. You have no feasible recourse unless you have a lot of coin and can afford to stay on your own coin and pursue the issue though various legal channels. If you make an issue that involves any type of authority youre likely to be dismissed and find your visa canceled. If you stay your just working for free, and will likely find a couple of PSB officers on your last day as the whole of the faculty receive dismissal notices. You arent going to receive anywhere near the amount of coin you are owed at the end of the year.
shadowjack
Posts: 2140
Joined: Sat Oct 06, 2012 9:49 am

Re: IS is in breach of contract. How do we get our money??

Post by shadowjack »

If a school is in violation of its contract and isn't ponying up the coin to bring it up to date - and now it's MONTHS - RUN FOR THE EXIT! Why do you think it will change and you are just digging yourself a deeper hole.

Go home, get on the sub list, go recruiting and get a job, and volunteer or work somewhere while you wait for your new job to start.

But you are only going to get deeper and deeper into it if you stay. Sadly, I agree with PG and TP - and China can be a sticky wicket if you are on the wrong side of the bat...
Nomad68
Posts: 175
Joined: Mon Jun 18, 2012 11:50 pm
Location: East of nowhere you want to be

Re: IS is in breach of contract. How do we get our money??

Post by Nomad68 »

In addition to the sound advice above, once you get out nane and shame this school on the members site and other such places and warn all the recruiters you use about what happened.
PsyGuy
Posts: 10793
Joined: Wed Oct 12, 2011 9:51 am
Location: Northern Europe

Discussion

Post by PsyGuy »

@SJ

While your return home plan is certainly one possible option that may well be the best option, we really dont know enough to say if thats the best plan of the options available. This IT may simply not have anywhere to return home too nor may have the coin to relocate back to the west. While its depressing the IT hasnt said they have been locked out and while the IS is in arrears at least 1-2 months salary, they may very well have a place to reside even if it ends up they are working for free. Not saying the exit strategy isnt to return home, but its probably just one option.
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