trompistajose
New Member
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
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