Midnight Run for Border Consequences

My experiences in China mainland have always been good, but a friend is having problems (with a private school that I told him to avoid) and wants to just leave even though the school required him to sign an apartment lease in his own name, and also an ADSL contract. He feels the school broke their contract with him because of excessively late salary payments, but what happens if he just leaves his apartment (2 months deposit with four months remaining)? I feel for the situation, but wonder about the legal consequences. Could he be prevented from returning to mainland China in the future? Would there be a bill collector on his heels? What should I suggest that he do?

JWM:

Thanks for the reply. I think that in HK your view is solid, but this is an issue about the mainland. Let me add some more facts to the pot and see if you would still say the same thing.


First, the other fellow feels that the school headmaster (who hired him) will be happy as he will save around 15,000 rmb that he doesn't have to pay in salary and end of contract airfare. Also, when the contract was signed, apparently the headmaster had him sign an English and Chinese contract (for the authorities, he said), then tore them up and gave him a different contract after the work visa had been obtained, so he feels the contract and work permits may be underhanded and illegal.


Second, he intends to inform the adsl supplier that he is leaving, and will leave enough in the bank to cover at least two months service. He just doesn't know what the conhtract really says, is it for a whole year, etc.


Third, the big problem is the apartment. He is unable to sleep or rest because the person above him is a night person and is always doing construction from 1am to 6am. Also, he can't get a real warm shower because they installed rubber hoses instead of pipes and he's already had a flood when the hot water melted the hose in a wall. The contract, he thinks, specifies 30 days notice (which he'll give) and he paid two months deposit, so one month's deposit would be for the 30 days notice and the other, he hopes, would be damages for leaving early, and they wouldn't bother about the other two months (4 months in all remaining).


With these additional details, I think he's doing the right thing and shouldn't worry about being hounded if he ever returns to China (how would they find him anyway?), but I don't know for sure. I'm in the US and he's in China.


What do you think?

Thanks! I have given my opinion. He will do what he must do.

Actually, he may be prevented from working again ... at least in the same province. He'll probably not be banned from returning to China, but may find he has to apply for a new visa as the old one is likely to be cancelled without notice.