International Issue Chinese employer problems

[trompistajose]

I am an American citizen and I have been having problems with my Chinese employer 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. I would end up spending more than I'm fighting over. I am only contracted until September and have no intention of signing a new contract at that time.

I submitted a letter which I personally paid to have translated into Chinese characters back in February making requests for some contract changes, clarifications, and standardized overtime pay, etc. I gave them 30 days to fix the problems or I would leave. After some negotiations, they 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 that I will receive it 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? They withhold $375 USD of my salary per month and they are supposed to pay for my plane ticket home, so that would be money I will have lost if I leave.

There is a lot more to this story, but I have covered the basics. Any advice would be greatly appreciated.

Thanks in advance,

Joe

 

[Michael Wechsler]

Hi Joe... wow. We rarely get questions about law in China here but I happen to have learned a lot more in the past few weeks. I heard that the oldest law firm in China is 17 years old so that should give you an idea about the difficulties you may face in China. It is a communist system. The method of doing business there is very different than it is for me in the states.

I think that irrespective of law, this is going to be resolved or not by the nature of the relationship. I would highly doubt that this company would take the time to sue you in small claims court in the US and it is more likely that a court might side with you and be sympathetic to your story in the "home court."

Now who would enforce your deal in China? It's difficult enough in the US. You may want to make sure they pay for your plane ticket and maybe cut your losses. I wish there was a better way to help you out but you should see where leverage is (e.g. they need you to play and couldn't get a replacement) and try to use it to get your money that way.

Best of luck to you in China...

 

[trompistajose]

Thank you very much for your reply.

We do have leverage because my girlfriend and I are both American French horn players in the orchestra. That's probably the only reason they offered us anything at all. If we say we won't play, that's 50% of a horn section that they would need replacements for. Despite the fact that there are 1.3 billion people in China, none of them play horn very well. They have two tours planned for the next month (one in China and one throughout Singapore, Malaysia, and Indonesia), so we could say that we won't play (which we have done on numerous occasions). However, there are cultural issues that are at work here as well, and there basically isn't enough money they could give us to make us want to stay.

I may just take the $600 they are supposed to give me on Monday and put that towards our plane tickets home and leave the rest on the table.

Thanks so much for your help,

Joe