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Hello, I am currently working in a school teaching English. I know - shocking... Anyways, the company broke the contract - didn't pay my wage as scheduled (late for over 2 weeks), paid incorrect wage last 2 months ( however, I was paid in the end). Also, contract says I should only work 30 hours a week, but they want me to do 40+ hours... In the contract it says that the party which breaks the contract needs to pay 10 000RMB penalty. They're refusing to do this... Also, when I said I want to quit, they said I need to pay the penalty AND give 3 months notice... I have a Z visa. Temp permit is being processed now. The lawyer told me to get the media involved and publicly shame them. I am hesitant to take them to court - costs a lot of time and slim chances of winning (#laowai_life)... so what should I do? any lawyers you guys could reccommend or maybe anyone went through a similar problem? I don't mind going back home... Also, I thought about not showing up to work until they pay me the money :) I am still down 10 000RMB since coming to China - and that's after 3 months of work... I have a feeling I'm doing it wrong. Any advice would be greatly appreciated.
What are the consequences and legal problems one might be in store for if they violate a contract in China and are no longer in the country? This applies to anything from an employment contract to a lease agreement. I've seen people saying on here that you can be screwed by your contract but if you're not in the country, what can anyone do?
thidalgos posted a question in Legal IssueHello, My landlord has asked a real-estate company to take pictures of the flat in which I leave. Our contract ends in half a year from now. I guess he is looking for a buyer, maybe the next renter. What happens if he sells the flat while our contract is still valid? My main concern is that next week I have to pay him for the next six months and I am worried that at the end I will end up without home and without six months of rent. How safe am I if he sells the flat right after I pay him for the next period? Thanks in advance, T
Good afternoon, everyone. I would like to share a Sale Contract Sample here, as some people may need it when do business in China. I also upload the contract sample as an attachment. Welocme to download it! If you want any other legal document samples , you may find it here: http://www.lawyerfriendcn.com/download.asp?mid=22#anchor, or email me:lawyer-Robin@hotmail.com. I'll try my best to find it and sent to you. Hope this sample is helpful. Have a great day, friends~ SALES CONTRACT No: Date: For Account of: Indent No: This contract is made by and between the Sellers and the Buyers; Whereby the Sellers agree to sell and the Buyers agree to buy the undermentioned goods according to the terms and conditions stipulated below and overleaf: (1) Names of commodity (ies) and specification(s) (2) Quantity (3) Unit price (4) Amount TOTAL: __________% more or less allowed (5) Packing: (6) Port of Loading: (7) Port of Destination: (8) Shipping Marks: (9) Time of Shipment: Within ____________________days after receipt of L/C, allowing transhipment and partial shipment. (10) Terms of Payment: By 100% Confirmed, Irrevocable and Sight Letter of Credit to remain valid for negotiation in China until the 15th day after shipment. (11) Insurance: Covers all risks and warrisks only as per the Clauses of the People's Insurance Company of China for 110% of the invoice value. To be effected by the Buyer. (12) The Buyer shall establish the covering Letter of Credit before _________; failing which, the Seller reserves the right to rescind this Sales Contract without further notice, or to accept whole or any part of this Sales Contract, non-fulfilled by the Buyer, of to lodge claim for direct losses sustained, if any (13) Documents: The Sellers shall present to the negotiating bank,Clean On Board Bill of Lading, Invoice, Quality Certificate issued by the China Commodity Inspection Bureau or the Manufacturers, Survey Report on Quantity/Weight issued by the China Commodity Inspection Bureau, and Transferable Insurance policy or Insurance Certificate when this contract is made on CIF basis. (14) For this contract signed on CIF basis, the premium should be 110% of invoice value. All risks insured should be included within this contract. If the Buyer asks to increase the insurance premium or scope of risks, he should get the permission of the Seller before time of loading,and all the charges thus incurred should be borne by the Buyer. (15) Quality/Quantity Discrepancy; In case of quality discrepancy, claim should be filed by the Buyer within 30 days after the arrival of the goods at port of destination; while for quantity discrepancy, claim should be filed by the Buyer within 15 days after the arrival of the goods at port of destination. It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, other transportation organizations and/or Post Office are liable. (16) The Seller shall not be held liable for failure or delay in delivery of the entire lot or a portion of the goods under this Sales Contract in consequence of any Force Majeure incidents. (17) Arbitration: All disputes in connection with this contract or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached, the case may then be submitted for arbitration to China International Economic And Trade Arbitration Commission in accordance with the provisional Rules of Procedures promulgated by the said Arbitration Commission. The arbitration shall take place in Beijing and the decision of the Arbitration Commission shall be final and binding upon both parties; neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by the losing party. Or arbitration may be settled in the third country mutually agreed upon by both parties. (18) The Buyer is requested always to quote THE NUMBER OF THE SALES CONTRACT in the Letter of Credit to be opened in favour of the Seller. (19) Other Conditions: Seller: Buyer: contact sample.doc