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Contract breach


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I would appreciate anyones help in this matter!

Due to my new contract in another country, I have to leave China soon and informed my employers. However, they have informed me that I have breached my contract and must pay 40,000¥. I certainly do not have the funds! I have informed them that I am willing to pay a small sum. I would like to know to what extend can this be enforced? I have read mixed things online; not being able to leave the country to nothing will be done by my former employer as this is illegal. 

Your help is appreciated, thanks! 


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If it doesn’t say it in the contract, have a local lawyer send a letter on your behalf.


Their request is absurd. 


If it is in the contract, then still take it to a lawyer and ask if there is anything you can do. 


Either  way you need the contract. 

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Relatively minor disputes of this sort in China tend to get resolved without hiring a lawyer. I doubt that would be a good use of the OP's money here. But asking a friend or contact to act as a middleman to help resolve this would be useful.


As for advice here, I think we'd need far more background than the OP has offered.


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Yeah, what's the actual story? I can easily imagine a company spending five figures sums on recruiting you, getting you settled in, getting your documentation, and similar amounts on a temp to cover your work while they go through another recruitment process. But a lot depends on what if anything is in your contract, and what you actually do - are you an in-demand specialist engineer, or a Y5,000 a month English teacher?


It's not that easy for Chinese companies to employ foreign workers. If they've incurred expense and effort to get you, you've signed a contract, and now (after how long?) you've said "Sorry, better offer, bye" then they may have a point. 

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As above , it depends on what is in your signed copy of the contract. Leaving the country had nothing to do with the police. Its a civil matter, not criminal.


If you need a reference you should try resolve it amicably. If not and believe they are trying to pull a fast one, pack up and go.

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