Request for Mediation Requirements

1. Name of employer, address, and phone number.

2. Name of the person to contact in the HR department and phone number.

3. Your name, passport number, FEC number, address, and phone number.

What are your requests?

1. Immediate termination of the contract.

2. Payment for salary and living stipend in arrears (please see the attached spreadsheet).

3. Severance payment equal to ½ month’s salary (10500/2= 5250 rmb).

4. Social Insurance (please see the attached spreadsheet).

5. A release letter.

6. Payment for each additional day in the amount of (10500/30=350 rmb per day) if the release letter is delayed past the termination of the contract.

7. Request protection against unlawful retaliation or other vengeful acts that the employer has threatened to do.  (Example:  My employer has threatened to (1) cancel my z visa, (2) not issue a release letter, and (3) fine me 1000 rmb for every day I don’t work.)

8. Payment in cash equal to the value of a plane ticket home (8000 rmb).

What are the Facts and Reasons behind your requests?

1. I have a right to terminate the contract according to law if the employer does one of the following: 请参阅章程： 中华人民共和国劳动合同法，第四章，第三十八条　(二)， (三)，和 (五)。

   1. Doesn’t pay salary on time and in full.

   2. Doesn’t provide social insurance.

   3. Lied about how the living stipend and salary are paid.  (第二十六条)

2. The contract says my, “salary before tax is 10500 rmb/month for 90 teaching period/month and at least 5 office hours/month.”  The contract does NOT say, “If the employee teaches 90 classes, then his salary is 10500 rmb/month.”  The contract does NOT say, “If the employee does NOT teach 90 classes, then he will NOT receive a salary of 10500 rmb/month.”  The contract does NOT say, “If the employee teaches less than 90 classes, then his salary will be calculated based on the actual number of classes he teaches.”  At the time I signed the contract, the employer did not mention to me that they were going to pay me only for the classes I actually teach, thereby requiring that we perform office work for free.  The company is scamming free work out of the employee by having the employee believe that they will be paid a flat salary for teaching and office work, but then later pays the employee based on the number of teaching hours only.  The living stipend is mentioned in a different section of the contract and is not related to any number of classes or office hours worked.  The contract says, “Party A provides Party B a monthly housing allowance for 1500 rmb.”  The company does not pay the housing allowance according to the contract.  Instead, the company prorates the housing allowance based on the number of classes I actually teach.  There is no mention of this in the contract, and my boss only explained it in detail after I received my first month’s housing allowance.

3. The company shall pay a severance payment of ½ month’s salary according to Chinese labor law.  . 请参阅章程： 中华人民共和国劳动合同法，第四章，第四十六条，和第四十七条.

4. Social Insurance is required by law.   请参阅章程： 中华人民共和国劳动合同法, 第二章, 第十七条 (七)，和第四章, 第三十八条(三)。

5. I am asking for a release letter because I want to legally seek employment at another company.

6. If the release letter is delayed, then I cannot work.  I suffer financial loss if I cannot work because Hampson is maliciously and vengefully not cooperating. 

7. Hampson has indirectly warned me that I should accept their deal and pay them reimbursement for the visa and medical check fees, or they would cancel my work visa and not issue me a release letter.

8. At the time of signing the contract, I reasonably expected that Hampson was going to obey the contract.  So, I reasonably expected to receive reimbursement at the end of my contract for a plane ticket back home.  Now that Hampson has violated my contract, I suffer a future loss of not being reimbursed for a plane ticket back home.  Therefore, I am requesting that Hampson still honor this portion of the contract, but sooner because they have violated our agreement.