Fired & Furious : Foreign Teacher Demands 290K, School Says NO

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Source: OT-Team(G),佛山市正和调解中心

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  A foreign teacher says he was wrongfully fired and deserves 290K. The school says he failed to meet job standards and gets nothing. Who's right—and who's just trying to win the argument?  

A labor dispute involving a foreign teacher has recently drawn attention in Foshan, Guangdong. The conflict centers on the teacher's dismissal from a local school and the disagreement over compensation.

Case Overview

On December 2, 2024, a foreign teacher arrived at a local mediation center in Foshan, claiming to have been unfairly dismissed by a Guangdong school. According to the teacher, they began working at the school as a physical education teacher on August 19, 2024, and were issued a termination notice on November 29, 2024. The teacher believed the dismissal was unreasonable and demanded compensation totaling 291,397 yuan, including transportation costs, housing allowance, severance pay, and meal subsidies.

A mediator arranged for both parties to meet on the same day, but due to the significant difference in compensation expectations, no agreement was reached. The mediation center in the Public Service Office subsequently followed up on the case.

Core Dispute

The key issue lies in the school's decision to terminate the teacher's employment on the grounds of "not meeting job requirements." The teacher rejected this justification and insisted the termination was unjust, demanding a total of 291,397 yuan in compensation. After initial negotiations failed, the teacher formally applied for mediation with the Mediation Center on December 2, 2024.

Mediation Process

Phase One: Initial Mediation (Mid-December 2024)

  • Professional Involvement: The center appointed a mediator fluent in English to ensure clear communication with the foreign teacher and accurately convey both parties' views.

  • Legal Explanation: Mediators explained the relevant provisions of China's Labor Contract Law, including Article 39 (employer's right to unilaterally terminate) and Article 46 (economic compensation standards), to clarify both the legitimacy and limitations of the teacher's demands.

  • Stalemate: The foreign teacher insisted on the full amount claimed, leading to a suspension of talks.

Phase Two: Third-Party Assistance (Late December 2024)

  • Building Trust: The teacher brought a Chinese friend to participate in the mediation. With their help, the mediators re-explained the legal framework, successfully persuading the teacher to reduce the demand to a more reasonable range (around 50,000 yuan).

  • School's Position Unchanged: The school refused to compromise, citing the legality of the termination process. Mediation efforts again came to a standstill.

Phase Three: Post-Arbitration Mediation (Feb–Mar 2025)

  • Leverage Through Arbitration: After the teacher filed for labor arbitration, the mediation center used the arbitration window to reinitiate dialogue, organizing "back-to-back" sessions with each party.

  • To the school: Mediators pointed out flaws in the termination process—such as insufficient evidence supporting the claim of "not meeting job requirements"—and advised that offering compensation might help protect the school's reputation.

  • To the teacher: Mediators explained the risks of arbitration, noting that a lack of evidence could lead to losing the case, and encouraged a more pragmatic settlement.

  • Agreement Reached: On March 5, 2025, both parties signed a mediation agreement confirmed by the arbitration committee. The school agreed to pay a severance package, and the teacher dropped all remaining claims.

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