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  1. #1
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    15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke



    Finally, expats working in China have legal remedy and relief available to them as three major lawsuits and formal complaints made by teachers earned them an average settlement of 570,000 rmb. Although the 15 employee rights for expats have been on the books since 2014 (Thanks to President Xi Jin Ping who decided to give us Laowai the same legal protections as Chinese executives), the enforcement of these rights in the court was dismal. NOT ANY MORE! We are not sure what sparked the huge change in attitude but we are happy and grateful!



    FROM OUR JUNE/2017 NEWSLETTER:

    Most of China's 29, 879 foreign teachers do not even know that President Xi Jin Ping sign an amendment in 2014 to China's Labor Laws that gives foreign expat workers in China the same employee rights as Chinese executives (15 employee rights listed in OP link), and last year included us China'sPrivacy Act as well. Chinese employers and recruiters want to keep this general ignorance in place however since it is already difficult enough to find and recruit qualified teachers for China. The inconvenient truths of these powerful rights is simply not good for the recruitment business since it exposes such things as illegal contracts, and how expats have the right to walk away from such contracts "without penalty" See here: https://www.scam.com/entry.php?8576-...egal-contracts


    Better still, the Ministry of Labor and the Courts of China have recently been ruling in favor of foreign teachers who have filed formal complaints and/or lawsuits and have prevailed over three large chain operations including Disney English, English First, and Webb. Although gag orders are always issued to "save face" of violators, we learned that the average settlement of the last three cases (2 in Haidian and 1 in Chaoyang) was 570,000rmb or about $90,000. **The rule of law is now enforced by default, and no longer do teachers have to tolerate any of the following abuses;**


    * Unpaid Overtime

    * Being Used As A Marketing Monkey

    * Having your personal image used in promotions

    * Having your personal information disclosed to third parties

    * Not getting a copy of your original chopped contract in English

    * Not knowing the ownership identification of your employer

    * Not knowing the SAIC business license No.of your employer

    * Not being provided a written job description

    * Being told to lie to customers about your citizenship or credentials

    * Being given illegal probationary periods exceeding 30 days

    * Being forced to sign illegal contracts

    * Not given 72 hours advance notice of work schedule changes

    * Not provided the proper Z work visa required by law

    * Being forced to pay money for your release letter or Z visa

    * Not being provided medical insurance as a full-time employee

    * Not being paid within 48 working hours of a regular payday

    * Illegal deductions and "deposits" withheld from your pay

    * The right to see your employment tax records and receipts


    Teachers who find themselves being exploited by schools and or recruiters now have plenty of ammunition to fight back in a meaningful way that not only gets results but serves as a deterrent for future abuses. Companies with having to pay a $90,000 settlement, reimburse your legal fees (about 20,000 rmb, and a SAFEA, PSB, or SAIC fine of 100,000 rmb) are not likely going to be playing more games with expat employees.

    The CFTU and Renmin University Law School provides free legal guides about the employee rights of foreign workers and we suggest you read them ASAP. Of course, do not even think of suing anyone if you are working illegally in China without a Z visa that matches your invitation letter, or YOU will be in for a bitter cup of tea when they arrest and deport YOU!

    HERE ARE YOUR 15 BASIC EMPLOYEE RIGHTS IN CHINA. IF YOU WANT ALL 367 PAGES OF CHINA LAW, VISIT THE LAW LIBRARY OF RENMIN UNIVERSITY (Line 4 & 10) IN HAIDIAN DISTRICT OR CONTACT THE CFTU FOR A COPY

    1. You have the right to seek and obtain employment if legally allowed to do so after obtaining a work visa (Z visa) and resident permit.

    2. You have the right to work in a safe work environment.

    3. You have a right to be provided a written work schedule in advance.

    4. You have a right speak with management about safety concerns

    5. You have a right to sick, holiday, and maternity leave

    6. You have a right to resign your position in accordance with the law

    7. You have a right to request job training

    8. You have a right to pay your taxes to the government authorities and to file a grievance with the Labor Arbitration Authority in your Province
    .
    9. You have the right to be compensated for overtime hours worked and may not be compelled to work said hours if not stipulated in your employment agreement.

    10. You have the right to receive an original hard copy of your contract that is signed and chopped (red sealed) at the time you sign an employee agreement.

    11. You have the right to receive a written job description prior to signing your
    contract.

    12. You cannot be compelled nor forced to do anything not specified in your job description.

    13. Your probationary period cannot exceed one month for each year of your
    employment contract.

    14. You have the right to receive both an invitation letter and release letter free of charge.

    15. If hired by a duly authorized
    employer you have a right to be provided a work visa (Z Visa) prior to the commencement of your assigned duties.

    More about this subject can be found at http://reddit.com/r/chinascamcentral and http://reddit.com/r/tef_esl_scams And speaking of Reddit, be aware that one of the mods at the TEFL sub (China Donkey and another Reddit mod with user name Tan_Guan) are both active TEFL recruiters who regularly censor factual information like this, along with arrests of foreign teachers, and anything else that makes it difficult for them to snooker newbie teachers into coming to China to work illegally or to buy a TEFL certificate they are falsely told is "required by law". See: http://opnlttr.com/letter/big-tefl-c...teachers-every
    Last edited by China Scam Patrol; 06-14-2017 at 09:09 PM.
    If in doubt about any China company or entity, make this your first stop http://reddit.com/r/chinascamcentral

  2. #2
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    Feb 2017
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    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    You know, some of these rights are better than those given to school teachers in Missouri and Alabama!

  3. #3
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    Mar 2016
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    151

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Name:  shocked-face.png
Views: 136
Size:  88.9 KB

    Not so fast matey... China foreign teachers only get these rights under two conditions... 1) They have a Z visa in their passport, meaning they are legally employed in China, and 2) They are FULL-TIME employees. If the words "FULL-TIME TEACHER" are not clearly stated in your employment contract, you are basically ed. I suggest you read up here: http://www.chinaforeignteachersunion...eign-tefl.html

  4. #4
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    Jul 2016
    Posts
    127

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Remember, criticizing the CFTU or Bruce Gorcyca is NEVER OK. The work of the China Foreign Teachers Union is important and if you Bash & Trash the CFTU on internet forums you will go to prison.

    There are 29,000+ ESL Teachers who are counting on the CFTU. They are hanging by a thread. If the CFTU goes down they are going down with it so DO NOT CRITICIZE WHAT THEY DO. You will be arrested and jailed!


    www.chinascampatrol.com


    Never post against your conscience!

  5. #5
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    Jan 2007
    Location
    Stow, OH SOL III
    Posts
    3,231

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by #1CFTUnuch View Post
    Remember, criticizing the CFTU or Bruce Gorcyca is NEVER OK. The work of the China Foreign Teachers Union is important and if you Bash & Trash the CFTU on internet forums you will go to prison.

    There are 29,000+ ESL Teachers who are counting on the CFTU. They are hanging by a thread. If the CFTU goes down they are going down with it so DO NOT CRITICIZE WHAT THEY DO. You will be arrested and jailed!


    www.chinascampatrol.com


    Never post against your conscience!
    LoL,
    Bruce Gorcyca is wanted on wire fraud charges in the US. He also owes at least $100,000 in back child support for his first two children from his first wife. And he hasn't seen his other two children, from wife number two, in 5-6 years. In fact, he was legally married to two women for around 12 years.

    He is a fraud.

    He is a deadbeat dad.

    He is a con-man.

    He is behind the operation of the CFTU.
    (He served five years in prison for selling the personal information of US taxpayers)

    I am not going to prison for posting this information.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  6. #6
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    Apr 2017
    Posts
    37

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke


    On Galaxia 12 we have no wolves nor sheep to worry about. Cheaters are spayed or neutered and then sent to Deep Space with only 1,200 bananas and no toilet paper. Sooner or later they get tired of eating their own shit and die. A big waste of good bananas IMO. http://opnlttr.com/letter/scam-warni...our-income-and.

    We further have no need for legal documents because lawyers are illegal on Galaxia 12 as well: https://document.li/aP6N
    Last edited by Ma Fan; 06-26-2017 at 07:53 PM.

  7. #7
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    Jul 2016
    Posts
    127

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by nomaxim View Post
    LoL,
    Bruce Gorcyca is wanted on wire fraud charges in the US. He also owes at least $100,000 in back child support for his first two children from his first wife. And he hasn't seen his other two children, from wife number two, in 5-6 years. In fact, he was legally married to two women for around 12 years.

    He is a fraud.

    He is a deadbeat dad.

    He is a con-man.

    He is behind the operation of the CFTU.
    (He served five years in prison for selling the personal information of US taxpayers)

    I am not going to prison for posting this information.
    Isn't it typical that you have nothing REAL to say about Bruce Gorcyca or the volunteer work done by the China Scam Patrol so you resort to bashing & trashing.

    So typical. Let me know if you have any real evidence, otherwise you might want to leave this thread to the grown-ups who have positive things to say.

  8. #8
    Join Date
    Feb 2017
    Posts
    39

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by China Scam Patrol View Post


    Finally, expats working in China have legal remedy and relief available to them as three major lawsuits and formal complaints made by teachers earned them an average settlement of 570,000 rmb. Although the 15 employee rights for expats have been on the books since 2014 (Thanks to President Xi Jin Ping who decided to give us Laowai the same legal protections as Chinese executives), the enforcement of these rights in the court was dismal. NOT ANY MORE! We are not sure what sparked the huge change in attitude but we are happy and grateful!



    FROM OUR JUNE/2017 NEWSLETTER:

    Most of China's 29, 879 foreign teachers do not even know that President Xi Jin Ping sign an amendment in 2014 to China's Labor Laws that gives foreign expat workers in China the same employee rights as Chinese executives (15 employee rights listed in OP link), and last year included us China'sPrivacy Act as well. Chinese employers and recruiters want to keep this general ignorance in place however since it is already difficult enough to find and recruit qualified teachers for China. The inconvenient truths of these powerful rights is simply not good for the recruitment business since it exposes such things as illegal contracts, and how expats have the right to walk away from such contracts "without penalty" See here: https://www.scam.com/entry.php?8576-...egal-contracts


    Better still, the Ministry of Labor and the Courts of China have recently been ruling in favor of foreign teachers who have filed formal complaints and/or lawsuits and have prevailed over three large chain operations including Disney English, English First, and Webb. Although gag orders are always issued to "save face" of violators, we learned that the average settlement of the last three cases (2 in Haidian and 1 in Chaoyang) was 570,000rmb or about $90,000. **The rule of law is now enforced by default, and no longer do teachers have to tolerate any of the following abuses;**


    * Unpaid Overtime

    * Being Used As A Marketing Monkey

    * Having your personal image used in promotions

    * Having your personal information disclosed to third parties

    * Not getting a copy of your original chopped contract in English

    * Not knowing the ownership identification of your employer

    * Not knowing the SAIC business license No.of your employer

    * Not being provided a written job description

    * Being told to lie to customers about your citizenship or credentials

    * Being given illegal probationary periods exceeding 30 days

    * Being forced to sign illegal contracts

    * Not given 72 hours advance notice of work schedule changes

    * Not provided the proper Z work visa required by law

    * Being forced to pay money for your release letter or Z visa

    * Not being provided medical insurance as a full-time employee

    * Not being paid within 48 working hours of a regular payday

    * Illegal deductions and "deposits" withheld from your pay

    * The right to see your employment tax records and receipts


    Teachers who find themselves being exploited by schools and or recruiters now have plenty of ammunition to fight back in a meaningful way that not only gets results but serves as a deterrent for future abuses. Companies with having to pay a $90,000 settlement, reimburse your legal fees (about 20,000 rmb, and a SAFEA, PSB, or SAIC fine of 100,000 rmb) are not likely going to be playing more games with expat employees.

    The CFTU and Renmin University Law School provides free legal guides about the employee rights of foreign workers and we suggest you read them ASAP. Of course, do not even think of suing anyone if you are working illegally in China without a Z visa that matches your invitation letter, or YOU will be in for a bitter cup of tea when they arrest and deport YOU!

    HERE ARE YOUR 15 BASIC EMPLOYEE RIGHTS IN CHINA. IF YOU WANT ALL 367 PAGES OF CHINA LAW, VISIT THE LAW LIBRARY OF RENMIN UNIVERSITY (Line 4 & 10) IN HAIDIAN DISTRICT OR CONTACT THE CFTU FOR A COPY

    1. You have the right to seek and obtain employment if legally allowed to do so after obtaining a work visa (Z visa) and resident permit.

    2. You have the right to work in a safe work environment.

    3. You have a right to be provided a written work schedule in advance.

    4. You have a right speak with management about safety concerns

    5. You have a right to sick, holiday, and maternity leave

    6. You have a right to resign your position in accordance with the law

    7. You have a right to request job training

    8. You have a right to pay your taxes to the government authorities and to file a grievance with the Labor Arbitration Authority in your Province
    .
    9. You have the right to be compensated for overtime hours worked and may not be compelled to work said hours if not stipulated in your employment agreement.

    10. You have the right to receive an original hard copy of your contract that is signed and chopped (red sealed) at the time you sign an employee agreement.

    11. You have the right to receive a written job description prior to signing your
    contract.

    12. You cannot be compelled nor forced to do anything not specified in your job description.

    13. Your probationary period cannot exceed one month for each year of your
    employment contract.

    14. You have the right to receive both an invitation letter and release letter free of charge.

    15. If hired by a duly authorized
    employer you have a right to be provided a work visa (Z Visa) prior to the commencement of your assigned duties.

    More about this subject can be found at http://reddit.com/r/chinascamcentral and http://reddit.com/r/tef_esl_scams And speaking of Reddit, be aware that one of the mods at the TEFL sub (China Donkey and another Reddit mod with user name Tan_Guan) are both active TEFL recruiters who regularly censor factual information like this, along with arrests of foreign teachers, and anything else that makes it difficult for them to snooker newbie teachers into coming to China to work illegally or to buy a TEFL certificate they are falsely told is "required by law". See: http://opnlttr.com/letter/big-tefl-c...teachers-every
    Having all these rights means very little if you are unable or PREVENTED from enforcing them. My friend "Rocky" filed a law suit against Wall Street English which is owned by a huge wealthy company called Pearson. They have deep pockets and he sued for big money because the school fired him for dating a single mother of one of their students. The woman was legally divorced and he did not violate any company rules.

    But to make a long story short, someone in the court system must have been bribed because they kept
    postponing the case and tried every week to force Rocky to "settle" out of court. He pressed on with his lawsuit and the last of three post-ponements was moved to 5 days after Rocky's visa was to expire. so when he went to renew his visa, guess what? His renewal was denied without explanation and he had toleave China. Even though he notified the court through his lawyer, the court dismissed his case for "failure to appear". Now Rocky has been trying for almost a year to get another visa to return to China and it keeps getting "denied".

    So if you ever sue for big money in China you now know the game they will play with you!



  9. #9
    Join Date
    Jan 2007
    Location
    Stow, OH SOL III
    Posts
    3,231

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by #1CFTUnuch View Post
    Isn't it typical that you have nothing REAL to say about Bruce Gorcyca or the volunteer work done by the China Scam Patrol so you resort to bashing & trashing.

    So typical. Let me know if you have any real evidence, otherwise you might want to leave this thread to the grown-ups who have positive things to say.
    https://www.ohiochannel.org/video/pr...no-2006-0957?4;
    The above video is in regards to a Ohio Supreme Court case in which Mr. Gorcyca was sued by a Canadian law firm for non-payment.

    The below link is in regards to Mr. Gorcyca's stance with the US Federal Courts;
    scribd.com/doc/283609300/USAvsGorcyca (Case 1:08-cr-00009-FB)

    Mr. Gorcyca's Federal Court records can be found on PACER with a simple name search.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  10. #10
    Join Date
    Jun 2015
    Posts
    105

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by China Scam Patrol View Post


    Finally, expats working in China have legal remedy and relief available to them as three major lawsuits and formal complaints made by teachers earned them an average settlement of 570,000 rmb. Although the 15 employee rights for expats have been on the books since 2014 (Thanks to President Xi Jin Ping who decided to give us Laowai the same legal protections as Chinese executives), the enforcement of these rights in the court was dismal. NOT ANY MORE! We are not sure what sparked the huge change in attitude but we are happy and grateful!



    FROM OUR JUNE/2017 NEWSLETTER:

    Most of China's 29, 879 foreign teachers do not even know that President Xi Jin Ping sign an amendment in 2014 to China's Labor Laws that gives foreign expat workers in China the same employee rights as Chinese executives (15 employee rights listed in OP link), and last year included us China'sPrivacy Act as well. Chinese employers and recruiters want to keep this general ignorance in place however since it is already difficult enough to find and recruit qualified teachers for China. The inconvenient truths of these powerful rights is simply not good for the recruitment business since it exposes such things as illegal contracts, and how expats have the right to walk away from such contracts "without penalty" See here: https://www.scam.com/entry.php?8576-...egal-contracts


    Better still, the Ministry of Labor and the Courts of China have recently been ruling in favor of foreign teachers who have filed formal complaints and/or lawsuits and have prevailed over three large chain operations including Disney English, English First, and Webb. Although gag orders are always issued to "save face" of violators, we learned that the average settlement of the last three cases (2 in Haidian and 1 in Chaoyang) was 570,000rmb or about $90,000. **The rule of law is now enforced by default, and no longer do teachers have to tolerate any of the following abuses;**


    * Unpaid Overtime

    * Being Used As A Marketing Monkey

    * Having your personal image used in promotions

    * Having your personal information disclosed to third parties

    * Not getting a copy of your original chopped contract in English

    * Not knowing the ownership identification of your employer

    * Not knowing the SAIC business license No.of your employer

    * Not being provided a written job description

    * Being told to lie to customers about your citizenship or credentials

    * Being given illegal probationary periods exceeding 30 days

    * Being forced to sign illegal contracts

    * Not given 72 hours advance notice of work schedule changes

    * Not provided the proper Z work visa required by law

    * Being forced to pay money for your release letter or Z visa

    * Not being provided medical insurance as a full-time employee

    * Not being paid within 48 working hours of a regular payday

    * Illegal deductions and "deposits" withheld from your pay

    * The right to see your employment tax records and receipts


    Teachers who find themselves being exploited by schools and or recruiters now have plenty of ammunition to fight back in a meaningful way that not only gets results but serves as a deterrent for future abuses. Companies with having to pay a $90,000 settlement, reimburse your legal fees (about 20,000 rmb, and a SAFEA, PSB, or SAIC fine of 100,000 rmb) are not likely going to be playing more games with expat employees.

    The CFTU and Renmin University Law School provides free legal guides about the employee rights of foreign workers and we suggest you read them ASAP. Of course, do not even think of suing anyone if you are working illegally in China without a Z visa that matches your invitation letter, or YOU will be in for a bitter cup of tea when they arrest and deport YOU!

    HERE ARE YOUR 15 BASIC EMPLOYEE RIGHTS IN CHINA. IF YOU WANT ALL 367 PAGES OF CHINA LAW, VISIT THE LAW LIBRARY OF RENMIN UNIVERSITY (Line 4 & 10) IN HAIDIAN DISTRICT OR CONTACT THE CFTU FOR A COPY

    1. You have the right to seek and obtain employment if legally allowed to do so after obtaining a work visa (Z visa) and resident permit.

    2. You have the right to work in a safe work environment.

    3. You have a right to be provided a written work schedule in advance.

    4. You have a right speak with management about safety concerns

    5. You have a right to sick, holiday, and maternity leave

    6. You have a right to resign your position in accordance with the law

    7. You have a right to request job training

    8. You have a right to pay your taxes to the government authorities and to file a grievance with the Labor Arbitration Authority in your Province
    .
    9. You have the right to be compensated for overtime hours worked and may not be compelled to work said hours if not stipulated in your employment agreement.

    10. You have the right to receive an original hard copy of your contract that is signed and chopped (red sealed) at the time you sign an employee agreement.

    11. You have the right to receive a written job description prior to signing your
    contract.

    12. You cannot be compelled nor forced to do anything not specified in your job description.

    13. Your probationary period cannot exceed one month for each year of your
    employment contract.

    14. You have the right to receive both an invitation letter and release letter free of charge.

    15. If hired by a duly authorized
    employer you have a right to be provided a work visa (Z Visa) prior to the commencement of your assigned duties.

    More about this subject can be found at http://reddit.com/r/chinascamcentral and http://reddit.com/r/tef_esl_scams And speaking of Reddit, be aware that one of the mods at the TEFL sub (China Donkey and another Reddit mod with user name Tan_Guan) are both active TEFL recruiters who regularly censor factual information like this, along with arrests of foreign teachers, and anything else that makes it difficult for them to snooker newbie teachers into coming to China to work illegally or to buy a TEFL certificate they are falsely told is "required by law". See: http://opnlttr.com/letter/big-tefl-c...teachers-every

    It's good to know about these rights, but who the hell wants to teach in China any more? The pay sucks compared to Korea and Singapore. and most employers in China ignore these rights because they know most foriegners will not spend 10,000 rmb to hire a lawyer to chase ater 15,000 or 20,000. Or worse still, the employers will only hire "part-time" teachers to work 39 hours a week so the employee is not entitled to any of these rights! The game is fixed in favor of the employers unless you really have the bucks and will to push for a trial. But this below I cut and pasted from a recent China Daily article which gives some encouragement... http://www.chinadaily.com.cn/china/2...t_23819864.htm\

    Foreigners to get better legal service


    "China's top judge has asked the courts to improve the legal environment through better handling of disputes involving foreigners, particularly in the marine sector, as the country opens wider to the outside world and tries hard to attract overseas enterprises.

    Zhou Qiang, president of the Supreme People's Court, said it is important for such cases to be heard in China, as the number has been growing over the past few years, an indication of China's growing integration into the world economy.

    Among the cases involving foreigners, many are related to disputes on the sea, Zhou said.
    Last year alone, 10 Chinese marine courts, including the Qingdao Maritime Court in Shandong province, concluded 1,030 cases involving foreign litigants — a 6.85 percent increase year-on-year, according to official statistics.

    "Better handling of these marine cases involving foreigners will help build China's judicial image in the world and will attract more litigants from overseas to select our courts to settle marine disputes," Zhou said.

    The large number of marine cases involving foreigners has motivated the courts to be more professional in the hearings so they can better protect national maritime security, he said.
    Last year in China, 15,348 civil and commercial cases involving foreigners were recorded, basically the same as recorded in 2014, according to the top court.

    "How well we can handle these commercial disputes involving foreigners will, to some extent, affect the country's Belt and Road Initiative and its efforts to operate a slew of free trade zones," he said.
    The initiative, proposed by President Xi Jinping in 2013, covers the Silk Road Economic Belt and the 21st Century Maritime Silk Road. It aims to improve connectivity and boost trade with countries along the ancient trade routes spanning Asia, Europe and Africa.

    Solving such commercial litigation means foreign businesspeople can receive good legal services in China, so this will help build an open, safe and efficient economic system in the country, Zhou said.
    The top judge asked all courts to treat litigants, Chinese and foreign, on an equal footing, adding that sound protection of legal rights and strict law enforcement will contribute to China's economic prosperity.

    He also asked Chinese courts to be more active in participating in international rule-making, saying this will give the country a stronger voice in world legal affairs.
    Meanwhile, Chinese courts concluded 649 criminal cases involving foreigners last year, down 7.15 percent from 2014, according to official statistics.

    But there are still some thorny issues, such as a lack of judges who can speak English well and who have a good knowledge of foreign laws, Zhou said"

  11. #11
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    Alexandria, Virginia
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    52

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by nomaxim View Post
    https://www.ohiochannel.org/video/pr...no-2006-0957?4;


    The above video is in regards to a Ohio Supreme Court case in which Mr. Gorcyca was sued by a Canadian law firm for non-payment.

    The below link is in regards to Mr. Gorcyca's stance with the US Federal Courts;
    scribd.com/doc/283609300/USAvsGorcyca (Case 1:08-cr-00009-FB)

    Mr. Gorcyca's Federal Court records can be found on PACER with a simple name search.
    I wonder how many times Bruce will bump & quote the OP here.

    Mr. Gorcyca is a convicted felon in the US, and he is also presently wanted on other felony charges. Besides, if you contact the All China Federation Trade Unions (ACFTU) they will tell you that they never heard of the China Foreign Teachers Union (CFTU).

    The China Foreign Teachers Union (CFTU) is not a part of the All China Federation Trade Unions (ACFTU).

    Since under Chinese law there can be only one trade union, the All China Federation Trade Unions (ACFTU). Well the rest should be rather obvious.

  12. #12
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    Jan 2007
    Location
    Stow, OH SOL III
    Posts
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    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by deedee1763 View Post
    I wonder how many times Bruce will bump & quote the OP here.

    Mr. Gorcyca is a convicted felon in the US, and he is also presently wanted on other felony charges. Besides, if you contact the All China Federation Trade Unions (ACFTU) they will tell you that they never heard of the China Foreign Teachers Union (CFTU).

    The China Foreign Teachers Union (CFTU) is not a part of the All China Federation Trade Unions (ACFTU).

    Since under Chinese law there can be only one trade union, the All China Federation Trade Unions (ACFTU). Well the rest should be rather obvious.
    Apparently not long my dear,
    Name:  gorcyca.12.jpg
Views: 98
Size:  128.9 KB


    He may also just try and drop the thread down.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  13. #13
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    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Yep, first "Curious Carol" and then "China Scam Patrol". Both posted in the same thread, scam.com/showthread.php?704467-UPDATED-China-Liars-List-ESL-TEFL-Teacher-Job-Scams-Internships-Exporters-etc-BLACKLIST and started new threads in a obvious attempt to bury this thread.
    Name:  cftu.25.jpg
Views: 113
Size:  177.6 KB
    Last edited by nomaxim; 07-07-2017 at 06:55 PM.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  14. #14
    Join Date
    Jan 2007
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    Stow, OH SOL III
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    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Umm, we also have these two threads started within 24 hours by two, supposedly different user's at two different forums :

    scam.com/showthread.php?738017-BEWARE!-ChinaExpat-cn-is-another-China-Job-Scam-Do-Not-Upload-Resumes!;
    Name:  bruce.10.jpg
Views: 124
Size:  100.9 KB
    http://www.realscam.com/f51/scam-war...teachers-4849/;
    Name:  bruce.11.jpg
Views: 138
Size:  162.1 KB
    One would think that Bruce would have figured out how to hide better then that. But, then again, Bruce keeps posting this stuff on forums that have few actual posters. That makes it rather easy to pick him out.
    Ignorance more frequently begets confidence than does knowledge: it is those who know little, and not those who know much, who so positively assert that this or that problem will never be solved by science. -C. Darwin

  15. #15
    Join Date
    Jul 2016
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    127

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by nomaxim View Post
    https://www.ohiochannel.org/video/pr...no-2006-0957?4;


    The above video is in regards to a Ohio Supreme Court case in which Mr. Gorcyca was sued by a Canadian law firm for non-payment.

    The below link is in regards to Mr. Gorcyca's stance with the US Federal Courts;
    scribd.com/doc/283609300/USAvsGorcyca (Case 1:08-cr-00009-FB)

    Mr. Gorcyca's Federal Court records can be found on PACER with a simple name search.
    You know, I just can't believe that knowing what you do about the stakes involved you still take the time to film a phony court hearing just to try and muddy the waters. You don't have a shred of proof that is real (no true judge would act like that) so once again you can only resort to bashing and trashing. Not cool, amigo.

    The reality is that TEFL teachers in China have rights and regardless of what Nomaxim or Eric Winder (aka DeeDee) says they will be enforced if you don't let yourself get pushed around!
    Last edited by #1CFTUnuch; 07-11-2017 at 12:57 AM.

  16. #16
    Join Date
    Feb 2017
    Posts
    39

    Re: 15 Legal Employee Rights Of China Foreign TEFL Teachers - No Longer A Joke

    Quote Originally Posted by China Scam Patrol View Post


    Finally, expats working in China have legal remedy and relief available to them as three major lawsuits and formal complaints made by teachers earned them an average settlement of 570,000 rmb. Although the 15 employee rights for expats have been on the books since 2014 (Thanks to President Xi Jin Ping who decided to give us Laowai the same legal protections as Chinese executives), the enforcement of these rights in the court was dismal. NOT ANY MORE! We are not sure what sparked the huge change in attitude but we are happy and grateful!



    FROM OUR JUNE/2017 NEWSLETTER:

    Most of China's 29, 879 foreign teachers do not even know that President Xi Jin Ping sign an amendment in 2014 to China's Labor Laws that gives foreign expat workers in China the same employee rights as Chinese executives (15 employee rights listed in OP link), and last year included us China'sPrivacy Act as well. Chinese employers and recruiters want to keep this general ignorance in place however since it is already difficult enough to find and recruit qualified teachers for China. The inconvenient truths of these powerful rights is simply not good for the recruitment business since it exposes such things as illegal contracts, and how expats have the right to walk away from such contracts "without penalty" See here: https://www.scam.com/entry.php?8576-...egal-contracts


    Better still, the Ministry of Labor and the Courts of China have recently been ruling in favor of foreign teachers who have filed formal complaints and/or lawsuits and have prevailed over three large chain operations including Disney English, English First, and Webb. Although gag orders are always issued to "save face" of violators, we learned that the average settlement of the last three cases (2 in Haidian and 1 in Chaoyang) was 570,000rmb or about $90,000. **The rule of law is now enforced by default, and no longer do teachers have to tolerate any of the following abuses;**


    * Unpaid Overtime

    * Being Used As A Marketing Monkey

    * Having your personal image used in promotions

    * Having your personal information disclosed to third parties

    * Not getting a copy of your original chopped contract in English

    * Not knowing the ownership identification of your employer

    * Not knowing the SAIC business license No.of your employer

    * Not being provided a written job description

    * Being told to lie to customers about your citizenship or credentials

    * Being given illegal probationary periods exceeding 30 days

    * Being forced to sign illegal contracts

    * Not given 72 hours advance notice of work schedule changes

    * Not provided the proper Z work visa required by law

    * Being forced to pay money for your release letter or Z visa

    * Not being provided medical insurance as a full-time employee

    * Not being paid within 48 working hours of a regular payday

    * Illegal deductions and "deposits" withheld from your pay

    * The right to see your employment tax records and receipts


    Teachers who find themselves being exploited by schools and or recruiters now have plenty of ammunition to fight back in a meaningful way that not only gets results but serves as a deterrent for future abuses. Companies with having to pay a $90,000 settlement, reimburse your legal fees (about 20,000 rmb, and a SAFEA, PSB, or SAIC fine of 100,000 rmb) are not likely going to be playing more games with expat employees.

    The CFTU and Renmin University Law School provides free legal guides about the employee rights of foreign workers and we suggest you read them ASAP. Of course, do not even think of suing anyone if you are working illegally in China without a Z visa that matches your invitation letter, or YOU will be in for a bitter cup of tea when they arrest and deport YOU!

    HERE ARE YOUR 15 BASIC EMPLOYEE RIGHTS IN CHINA. IF YOU WANT ALL 367 PAGES OF CHINA LAW, VISIT THE LAW LIBRARY OF RENMIN UNIVERSITY (Line 4 & 10) IN HAIDIAN DISTRICT OR CONTACT THE CFTU FOR A COPY

    1. You have the right to seek and obtain employment if legally allowed to do so after obtaining a work visa (Z visa) and resident permit.

    2. You have the right to work in a safe work environment.

    3. You have a right to be provided a written work schedule in advance.

    4. You have a right speak with management about safety concerns

    5. You have a right to sick, holiday, and maternity leave

    6. You have a right to resign your position in accordance with the law

    7. You have a right to request job training

    8. You have a right to pay your taxes to the government authorities and to file a grievance with the Labor Arbitration Authority in your Province
    .
    9. You have the right to be compensated for overtime hours worked and may not be compelled to work said hours if not stipulated in your employment agreement.

    10. You have the right to receive an original hard copy of your contract that is signed and chopped (red sealed) at the time you sign an employee agreement.

    11. You have the right to receive a written job description prior to signing your
    contract.

    12. You cannot be compelled nor forced to do anything not specified in your job description.

    13. Your probationary period cannot exceed one month for each year of your
    employment contract.

    14. You have the right to receive both an invitation letter and release letter free of charge.

    15. If hired by a duly authorized
    employer you have a right to be provided a work visa (Z Visa) prior to the commencement of your assigned duties.

    More about this subject can be found at http://reddit.com/r/chinascamcentral and http://reddit.com/r/tef_esl_scams And speaking of Reddit, be aware that one of the mods at the TEFL sub (China Donkey and another Reddit mod with user name Tan_Guan) are both active TEFL recruiters who regularly censor factual information like this, along with arrests of foreign teachers, and anything else that makes it difficult for them to snooker newbie teachers into coming to China to work illegally or to buy a TEFL certificate they are falsely told is "required by law". See: http://opnlttr.com/letter/big-tefl-c...teachers-every

    I just got done reading this link here and I see nothing that links that guy to either the CFTU or China Scam Patrol. So if you have an ax to grind with the guy please explain how he cheated you. https://www.scam.com/entry.php?8576-...egal-contracts

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