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Laowai In China - 2004-08-21

In most disputes such as this one, readers are left wondering which party is telling the truth. Well I have kept copies of memos & e-mails which illustrate that Simons post is full of fabrications and distortions.

Here we go;

1 Breach of contract - failure to repay traveling expenses

Here is the memo I submitted requesting reimbursement of the expenses;

MEMO

Date: Tuesday 17 March 2004

To: Management Wancheng International Education Center

From: XXXX

Subject: Reimbursement of transportation costs

Yunlong Chongqing Yunlong

I request reimbursement of the costs of traveling from Yunlong to Chongqing, and return, as per the following;

(here I outlined an itemized account of the expenses)

I look forward to receiving payment at your early convenience.

Regards

I followed up the matter countless times. Here is one of my follow up e-mails;

Date: Sat, 12 Jun 2004 05:08:11 -0700 (PDT)
From: XXXX
Subject: Please tell me why?????
To: teacher4cq@yahoo.ca
CC: wanchengschool@yahoo.com

Simon

Clause 11 of my contract states that Wancheng will provide me with transport for work purposes.

As you are aware, Wancheng required me to travel to Chongqing on 15 March 2004. You told me that the company van was not available and that I should travel there by bus, the cost of which would be reimbursed by Wancheng. The return trip cost 141 RMB

3 months have lapsed and despite many follow-ups I still have not been paid. I have been told excuse after excuse by Ms XXX, the last one being that all of the receipts I gave her have been lost.

Ms XXX told me that I would need to obtain a new set of receipts. I ask you how am I supposed to obtain replacement bus and taxi receipts for a return trip to Chongqing? Do you think it would be possible for me, as a person who cannot speak Chinese (or even for a person who can speak Chinese) to go to the bus station and obtain receipts for bus fares without actually making a journey.

Could you please tell me when I will be paid for my March traveling expenses?

Regards

XXXX

Here is an e-mail from Simon as late as June 12 acknowledging that the expenses hadnt been paid;

Date: Sat, 12 Jun 2004 22:55:23 -0700 (PDT)
From: Send an Instant Message "Wancheng International" <wanchengschool@yahoo.com>
Subject: Re: Please tell me why?????
To: XXXXX

Dear XXXXX

I am sorry about the misunderstanding between you and our office staff. I was under the impression you were paid for your transportation a few months ago. I will make sure you get paid for that ASAP during this upcoming week.

On a personal note; thank you for doing such a good job this term.

Simon

In fact, to date the expenses have not been paid.

2 Breach of contract - failure to pay airfare allowance of 1000 RMB per month

Simon wrote you had a 1 year contract and left to Thailand after 5 months for a vacation and started work with another company not Wancheng upon your return.

Its now August 20 and, as Simon knows already, I still havent started working with another company. I start my new university position on September 6.

Simon also wrote You know good and well we pay airfare upon completion of a contract if you want to quit then you thats your right to but you loose the airfare if you dont complete your contract

Clause 10 of the contract AIRFARE REIMBURSEMENT states The employee will receive RMB1,000 per month for airplane reimbursement at the end of the contract.

Clause 14 of the contract TERMINATION OF AGREEMENT states Company and Employee may terminate this agreement at any time upon 30 days written notice.

On July 10 I sent the following e-mail to 2 of Wanchengs e-mail addresses;

Date: Sat, 10 Jul 2004 01:46:03 -0700 (PDT)
From: XXXXX
Subject: 30 day Notification of Termination of (Employment) Agreement
To: "Wancheng International" <wanchengschool@yahoo.com>

10 July 2004

The Foreign Teachers Manager

Wancheng International Education Center

Unit 7A, 3rd Floor, Marriott Hotel Office Tower

77 Qingnian Road, Yuzhong, Chongqing CHINA

Attention: Simon Delahaye

Dear Simon

RE: 30 day Notification of Termination of (Employment) Agreement

During this past week that I have been holidaying in Thailand I have reflected upon my first term of teaching in China. I found it quite challenging on 2 accounts:-

1 Teaching teenage students

2 Teaching classes averaging 80 students in size

After careful consideration I have decided to join a university for next term where the students will be more mature ( 20 to 27 y.o.) and the class sizes much smaller (average of 25).

Accordingly, in accordance with clause 14 of my Employment Contract with Wancheng International Education Center, I hereby give 30 days notice of my requirement to terminate the contract.

I shall visit you upon my return to China.

Yours faithfully

My contract legally ended on August 10. I believe that I am entitled to be paid RMB1,000 for each month that I worked with Wancheng.

3 Deducting an unbelievably expensive electricity bill from my final pay and refusing to show me the actual electricity account

Simon wrote, in part, You racked up almost 500 RMB per month electric bill,

I dont believe it. Every person that I have spoken to, Chinese and foreigner, has told me that the figure is unbelievable.

Simon also wrote According to your contract we are only obliged to give you 100 RMB per month for utilities but since your bill was so high they put up 200 per month for you for utilities and the rest of your expenses you had to pay for.

As an enticement to teach at an extremely remote high school in a very small town in Sichuan, Simon told me, and the other teacher assigned to the school, that we did not have to pay any utility costs. However, Wancheng deducted such costs from my final pay but did not deduct them from the other teacher who is staying with Wancheng for next term.

Heres a copy of Simons memo to the other teacher;

Subject: Problem, please read the memo attached
From: "Wancheng International" <wanchengschool@yahoo.com>
Date: Tue, July 6, 2004 1:06 pm
To: XXXX

Dear XXX,

If you sign the contract you can get the rest of the money you wanted to borrow, last night I told Frank to first give you 100 for dinner and the
rest you can borrow after the contract. Our accountant gave the boss a
memo of the costs the school in Lu Xian, I attached it for you to look
over. Before you freak out I want you to know that your salary will not
be deducted.

Simon

Simon further wrote, We also offered to show you the receipts but you were to busy yelling at the office staff and stealing paperwork from the office!

I must have asked Simon at least 4 times to see the actual electricity account and he repeatedly said that it was not available. 10 minutes after this discussion ended and at a time when Simon refused to give me a photocopy of my final payslip, I did lose my temper and yell at HIM, albeit in front of Chinese office staff. I DID NOT YELL AT OFFICE STAFF.

Simon, heres thought. If the alleged electricity account is available ,how about scanning it and posting it on this forum so that I, and everyone else, can see that you & Wancheng are not lying at least on this issue.

As for stealing paperwork, I asked for a photocopy of my final pay slip and Simon refused. I refused to sign it and Simon said if I didnt sign I wouldnt be paid. I signed, received my money and then snatched the pay slip from Simons hands. I left the office looking for a photocopy shop. Simon told me that I was breaking the law and could be arrested.

I saw a police office and went to him. He directed another police office to escort Simon and myself to a photocopy shop. The payslip was copied the original handed back to Simon and a copy to me. The police officer then left. If I had broken any law Im sure I would have been arrested.

4 Failure to provide a 'confirmation of conclusion of employment' letter which is required to be given by a foreigner to the Foreign Affairs Office when applying for a new 'work permit' (Foreigner Residence Permit).

Simon wrote Upon completion of a contract or if the contract has been dissolved the we will gladly provide you and any other teacher with a letter of release or recommendation but not when you are a no show and yelling at our office staff, attempting to sue us and slandering us on the net.

I gave Wancheng 30 days written notice of my requirement to terminate the contract. I served the full first term. I gave notice during the 2 month holiday break. Wancheng were not inconvenienced.

I dont know what Simon means by no show.

I did not yell at office staff, I yelled at Simon.

I have never uttered one word about suing Wancheng.

I told Simon that I would post factual warnings about Wancheng on a number of websites.

Now, continuing;

Simon also wrote You wrote an email blackmailing Wancheng saying if you dont pay me off I will sue you and slander you everywhere on the net,

Heres the e-mail:

Date: Sat, 7 Aug 2004 18:39:06 -0700 (PDT)
From: XXX
Subject: Now that I've calmed down
To: "Wancheng International" <wanchengschool@yahoo.com>

Hello Simon

I have calmed down somewhat since last Wednesday.

If Wancheng pay my bonus to me I will not bother lodging a complaint with the PBS, or doing an internet campaign. I just want to end my association with Wancheng and forget all about the company.

Also, I have been told that Wancheng should have given me a letter to confirm that my
employment with them has ended. I was told that I shouldn't have to ask for the letter, that Wancheng should have given it to me with my final pay.

Please provide me with the letter ASAP.

With regard to the electricity, and gas, deductions, a couple of interesting questions for
you;

1 In respect of the other teacher who worked at the same location as me, how much was
his electricity bill??????

2 If his bill was not considered to be too high, why was mine???????

3 Did you deduct his electricity and gas bills from his June salary??????

4 If you did not deduct his electricity and gas bills, why did you deduct mine????

But, as I said, if Wancheng do not cause me any further problems, I will not pursue this
issue.

I look forward to receiving your reply.

Regards

XXXX

I incorrectly referred to the PBS when it should have been the Foreign Affairs Office.

I told Simon in my resignation e-mail that I would call into see him when I returned to China. When I did return, I phoned Simon 2 days in advance and made an appointment to collect my final pay, which was supposed to have been paid 22 days earlier on July 10 whether I was on holiday or not.

Now, I am staying at a town which is 2 hours from Chongqing city where Wanchengs office is located.

So, I made a 2 hours trip to Simons office on the day agreed upon. I arrived at 11:00 am. Sorry, cant pay you now because the accountants not here. Come back after lunch. I returned at 2:00 pm Sorry, the accountants not back yet. She should be back by 4:00 pm. Ill call you.

No phone call so I phoned Simon at 4:30 pm. Sorry, the accountants not back yet. Ill phone you later.

Simon phoned at 6:30 pm and suggested I return to the office the next day, which I couldnt do. He and I agreed on Wednesday. I called at the office at 11:00 am on Wednesday Sorry, the accountants not here. Okay, please phone her and ask when shell return. Sorry, I dont know her cell phone number.

I finally got paid at 2:00 pm. Simon refused to give me a copy of my payslip. I lost my cool and started yelling at him. In these circumstances, would you be fuming?

As for being paid in full, my final salary was RMB 3,244 and Wancheng paid me RMB 1,501.

Now that Simon has opened up this can of worms (I feel that my original post was factual, non-derogatory and non-personal), I shall continue.

Here is an excerpt from Wanchengs job in December 2003 that I responded to;

Teachers Needed: Chongqing, China
Posted By: Wancheng International Education Center <teachincq@hotmail.com>
Date: Friday, 5 December 2003, at 8:14 a.m.

Since 2000 Wancheng International Education Center has placed over 300 people in Chongqing city.

To qualify you need excellent mental and physical health, flexibility, humor and dedication.

You do not need to know any Chinese or have taught previously though both are desirable and sometimes teaching experience is necessary to be placed at certain universities.

Clearly, Wancheng advertised university positions in Chongqing city.

9 days after I arrived in China (4 days sitting in a hotel room doing nothing, 3 days participation in Wanchengs new-teacher workshop and another 2 days sitting in a hotel room waiting for Wanchengs phone call) Wancheng told me they were sending me to a high school in a very small town in the back-blocks of Sichuan.

As a newbie in China I felt as though I had no choice but to go. I tried to renegotiate the contract and thats when Simon said that I would not have to pay any utilities.

But, on reflection, the lies and ill-treatment by Wancheng began right at the very beginning of my contract.

Anyway, I undertake to post the outcome of my complaint with the Foreign Affairs Office of Chongqing.

Messages In This Thread
Re: Wancheng International Education Center -- Simon -- 2004-08-21
Re: Wancheng International Education Center -- Laowai In China -- 2004-08-22
Re: don't ask questions just accept -- A Chinese Employer -- 2004-08-23
Re: don't ask questions just accept -- Kim -- 2004-08-23
WOW! -- Chinasyndrome -- 2004-08-23
Re: don't ask questions just accept -- Incheon -- 2004-08-23
Re: Wancheng International Education Center -- Laowai In China -- 2004-08-21
Silence is deafening -- xi -- 2004-08-23
Wancheng -- XX7XX -- 2004-10-08
Wancheng -- Michael -- 2004-11-08
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