Breaking Chinese contract

This is a discussion on Breaking Chinese contract within the Doing Business in China forum, part of the INTERNATIONAL LAW category; I have been having problems with my Chinese employer for since October. I play in an orchestra that employs 20+ ...

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Old Apr 7th, 2007, 05:21 AM   #1
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Default Breaking Chinese contract

I have been having problems with my Chinese employer for since October. I play in an orchestra that employs 20+ foreign musicians, and the management regularly violates the terms set forth in our contracts. I don't speak more than a few words of Chinese, and I don't make so much money that it is worth hiring an attorney and going through the arbitration process here in China. My contract is only until September and I have no intention of signing a new one at that time.

I submitted a letter back in February making requests for some contract changes, clarifications, and standardized overtime pay, as well as simply honoring the terms set forth in the original contract. I gave them 30 days to fix the problems or I would leave. They only agreed to a minor pay increase that will be "off the books" and I am not supposed to tell anyone about it. I have yet to receive any of this money, as they always tell me "maybe tomorrow" when I ask for it. The latest answer has been to come on Monday. It is at the point where I am tired of fighting with them and I am ready to leave China.

My question is this: Since I have given them more than 30 days' notice (as I am required to do in the terms of my contract), can I leave without fear of any legal repercussions? Do they even have any right to sue me if I am back in the United States?

Thank you,

Joe
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Old Apr 8th, 2007, 10:51 AM   #2
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Default Re: Breaking Chinese contract

They are not going to sue you over this especially if they have been violating the contract all along.
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Old Apr 8th, 2007, 01:32 PM   #3
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Default Re: Breaking Chinese contract

I would agree; show them where they have failed to comply and use those events as reason to give notice. Unless you are critical for them, it will not be worth suing over--very costly, difficult.
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Old Apr 9th, 2007, 11:10 AM   #4
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Default Re: Breaking Chinese contract

Thanks for the replies. My girlfriend and I are co-principal French horn players in this orchestra, so we are critical. There are only 4 horn players in the orchestra, and they brought us in from the States because there just aren't any decent horn players in China. If we aren't there, our parts aren't played. We are most likely leaving soon, because even more things are going wrong as of this past day.

Thank you again for the advice,

Joe
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Old Mar 30th, 2009, 03:45 AM   #5
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Default Re: Breaking Chinese contract

Just Break it! Why you are asking...
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