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Can I quit before I start the job!


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contract, emplyment, job, leave, quit

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  #1  
Old 12-02-2007, 11:22 AM
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Can I quit before I start the job!

Please help.

I got a job offer which I was happy with the general conditions, I signed the conract and wait for my work visa goes through the system.

I happened to me someone who is a respectable figure in my industry, a french lady. I got talking to her and without any knowledge that I got a job with this particular company, she mentioned that she worked with 1 company a few years back for 6 months. She hated it because the company fly her to middle of China for a presentation work and put her in hostal like hotel and gave her no transportation at all, no guide or anyone who can speak mandarin with her at all. She, is well travelled by the way, had to find her way and got lost and had a horrible time there in China. It happened to her time and time again eventhough she complained to the boss. The bosses are out of the office all the time, one of the bosses owns a bar in Shianghai and never in the office. The rest of the staffs are locals and Filipinnos who can not make any decision.

What disturbe me most is the accommodation and transportation and safety when I have to travel to the rural, which I will have to because it is my job.
Is there anything I can do now? Can I demand any proof that I will be looked after when I'm abroad or it's too late now? Can quit before I start? They seem to need me there but i don't know if they will need me enough to give that garantee. They are a chinese company who tries to go 'international' I still have not receive the company's handbook yet, can i use that as an excuse to get out?

Please please help.
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  #2  
Old 12-02-2007, 11:26 AM
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You can always quit in accordance with the terms of your contract. It wouldn't be uncommon for there to be a probationary period where you can do so instantly within the first week, but it depends what your contract says.

At the end of the day if you don't turn up there's not much the company can do. But of course you won't have a valid employment visa so you would have to leave Hong Kong (I assume) pretty quickly.

Last edited by PDLM; 12-02-2007 at 11:28 AM.
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  #3  
Old 12-02-2007, 11:32 AM
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That's no problem, I am on dependant visa, so I think I can stay. Just want to know if I should put something in my contract to help this matter rather than quit? Or is it too late to do anything?

Can I apply for another job in the mean time? But I also don't want to use this company to get the work visa and leave to other company, that's not fair on tem. So If ask the question about accomodation etc and they are not willing to give me that garantee, can I use that as a reason not to turn up and for them to stop their work visa application proccess now, so I won't waste their time?

I think I might ask the question and if they refuse then I know what type of company they are?
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  #4  
Old 12-02-2007, 11:37 AM
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Then again, some parts of rural China don't have anything but hostels and basic transport.
It would be wise to bring this up with them before you quit- things change and maybe there is a new manager there who has made changes etc. If the manager wont commit to what you want then tell him thanks, but no thanks. HK is a small town and it's not worth burning bridges.
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  #5  
Old 12-02-2007, 12:18 PM
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If you don't turn up for work or tell them before your start date that you've changed your mind then that's completely legal. In HK, the protection lies with the employee rather than the employer. The only thing you have to lose is the trust of that company if you decide you want to apply to it again in the future. Technically if I signed a contract for one firm, have 2 weeks before starting but receive a better offer, I can change my mind without any legal consequences.

In terms of contract negotiation, it would have been wise to do that before you signed so that you can change the terms & conditions. But of course you can still try and see if you can change anything and mediate. Some companies try to catch you out in their terms & conditions so make sure you have as much protection and issues written in b&w as possible. Good luck!
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  #6  
Old 12-02-2007, 12:43 PM
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One of us is badly confused. Either you have a Dependent Visa or you have an Employment Visa; you can't have both. If you have a Dependent Visa then (assuming you are dependent on a PR or someone on an Employment Visa) then you can work for anyone without needing an Employment Visa, so I don't understand what is going on here.
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  #7  
Old 12-02-2007, 12:57 PM
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Why don't you give this company a try before you quit? Just because this other lady didn't like it (a disgruntled employee isn't always the best source of info), doesn't mean you won't. And as Lammarite pointed out, in many places in China, there isn't much else than basic accomodation and transport! Maybe you can speak to your new employer about this : tell them the truth, that you're worried about accomodation and transport and see how it goes. They might be willing to offset this discomfort by giving you a better bonus, or a company car or something else...
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  #8  
Old 12-02-2007, 01:09 PM
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Visa

I have a dependant visa but I can not work legally unless I apply for work visa. I think you used to be able work with dependant visa but not anymore.

I will ask the question, of course. I do know that in Wuhan (where I will have to visit if I take this job) has 5 stars hotel but when I went there it was essential to have a translator who can speak english/mandarin. I need eith translator or a driver, not having to get lost there, being a woman.
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  #9  
Old 12-02-2007, 01:11 PM
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Quote:
Originally Posted by Mariposita View Post
Technically if I signed a contract for one firm, have 2 weeks before starting but receive a better offer, I can change my mind without any legal consequences.
Is it a legal thing to do?If so i will have to contact the pretty urgent!!
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Old 12-02-2007, 01:13 PM
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Quote:
Originally Posted by adahc View Post
I have a dependant visa but I can not work legally unless I apply for work visa. I think you used to be able work with dependant visa but not anymore.
Ummm no.

If you have a dependant Visa then you don't need to apply for a work visa.

I think you have it the other way round, You used to need a work visa if you were a dependant but not anymore. Thus ruling came into force early last year If I remember correctly where you no longer needed a work permit on a dependants visa.
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