Hi
I have worked at my school for almost two years now. The address of the school on my contract has always differed from the actual places I have taught. So after all this time, they say they want to change the address so it matches the location where I teach. It might have been prompted by the fact that the place I was working at got raided.
Maybe they want to protect me. Maybe they want to protect themselves. I don’t know what the fines are for schools getting caught.
However, they want me to sign a paper titled Cancel Contract Agreement. It states in English and Chinese:
"The Termination of Contract Agreement (the agreement) is entered into as of this March 31 2009 by and between (My name) and (School’s Name).
Upon execution of this agreement, employee and employer mutually agree to the cessation of any contractual obligation to one another."
There is another form for me to sign called “Appointment Contract”. It seems like a temporary replacement contract with “Term of Employment: 2009/4/1 to 2009/7/31”. This corresponds to the rest of time until the end of my original contract. My contract and ARC expire at 2009/7/31.
I suppose the reasoning is that they must first cancel my existing contract because it has the wrong address on it so they can change the address.
Needless to say I am leary. Just wondering if anyone has ever gone through this.
Does anyone know if this process is real? Is it necessary?
Who could I talk to to get information? The CLA?
All advice is sincerely appreciated.
Astroboy
I just talked to my head teacher and he said that before the schools could just transfer the addresses but now contracts need to be cancelled.
Anybody know about this?
Thanks
[quote=“astroboy”]Hi
The address of the school on my contract has always differed from the actual places I have taught. So after all this time, they say they want to change the address so it matches the location where I teach. It might have been prompted by the fact that the place I was working at got raided.
Maybe they want to protect me. Maybe they want to protect themselves. I don’t know what the fines are for schools getting caught.
[/quote]
They want to protect themselves. If they get raided and the address doesn’t match they’re up the bamboo shoot especially if the school is illegal and I’d guess you’d also risk deportation.
There is a likelihood that the schools you’ve been teaching at were illegal but are now registered.
AFAIK, it IS necessary, yes, to have the place you work match the place on your contract and ARC, or you could potentially get in trouble. So as long as nothing else has changed in the contract they’re having you sign, then their request seems reasonable to me. 
Do contracts have to be for at least a year in order for the employee to have an ARC? If so, a new contract that ends at the end of July wouldn’t count and the O/P would be working illegally.
This process is real and it is in your best interest to get the details right.
First, though, get a second work permit for the correct address. Once you have the permit, THEN cancel the existing contract. This will make your life easier and make it so the new contract does not last a year – it is only important that whatever your primary work permit is for lasts the duration of the ARC.
I’ve been in a similar situation, although the overal situation was different. The CLA does not need to get involved unless there is a work-related problem. This is an ARC/work permit problem. Talk with Foreign Affairs about this. I wouldn’t call, unless your mandarin is spot on. The people who work there are personable and very caring…I think one reached for a tissue as I almost started to cry at her desk.
Read Tealit’s discussion on work permit issues.