The company behind my Chinese summer teaching job unilaterally terminated my contract after several months of using my name and record to advertise their program to students. I need help understanding the situation.
Last November, I accepted a 2013 summer teaching position in Beijing with a Chinese summer school private program (one of the programs this article
is about). I signed a contract when doing so, and planned my summer around the trip (I live in the US). including turning down summer teaching opportunities at my home school. Upon my acceptance, the program began using my name, CV, photo, and syllabi on their website to recruit students. Two days ago, the program contacted me to say that my classes have been cancelled. Not all classes were cancelled, and the program is not shutting down. My take is that given 1- the contract, which we both signed and does not have any explicit clause allowing for termination, and 2- the fact that they have been using me to recruit students for months now entitles me to compensation. I have emailed them politely expressing this view, and they have responded with a mild concession (offering to give me a "contract" for next summer) and their take on the validity of the contract, which I quote in full below:
As for the question regarding contract, according to it:
5. Governing law, jurisdiction, and venue All matters relating to the interpretation, construction and enforcement of this Agreement shall be governed by the laws and regulations(excluding choice of law principles) of the People’s Republic of China. Any dispute, controversy or claim arising out of or relating to this Agreement that is not subject to arbitration may be brought only in the courts of the People’s Republic of China, and Parties consent to the personal jurisdiction of such courts over them and waive any objection to venue.
According to the law of China, the contract is provisional, service based contract. Either party can terminate it with three days in advance. The contract is not employment based.
The last three sentences are the opinions of the person emailing me, not language from the contract. Again, there is no clause in the contract explicitly giving the program the ability to unilaterally terminate the contract, and in general, the contract's language is unexceptional. However, it does refer more than once to it being a "provisional contract".
1- what legal meaning does "provisional contract" have in general, and bonus if you happen to know what meaning it has in China.
2- I know I need to talk to a lawyer to go any further with this; any idea how to get an English-speaking lawyer, preferably in Beijing or Shanghai (I will be in both cities on unrelated business in June).
3- On a scale from 0 to 10, with 10 being a massive waste of time, and 0 being well worth pursuing, what is your subjective impression of my situation?
I can't post the full contract without giving away my identity. I realize this constrains the usefulness of answers. Thank you.