So I have come to China to teach English, however I have been working without a visa for a month and have changed my mind, I am going back to my home country. Since I signed my contract is it binding even though I have not had a visa?
because my employer is saying I owe him money even though I never started working.

EDIT: just re-read you post... you have already signed.

You say that you 'started working without a visa' but then contradict yourself by stating that 'never started working'. Get your story straight before you go any further. Do you intend to work in China anytime soon (within the next 5 years or so)? If not then ask yourself how he's going to get money from you even though leaving like that is kind of a dick move. There isn't much they could do but it's worth remembering that these places do talk. If you'd like to keep the option of working here again open then it might be worth sitting down with him and talking about the situation to try to find a compromise. Look at it from his perspective, he might well have incured some expenses already... getting you here (+recruitment/agency fees), hotels, health check, document fees etc. Giving them a reason might help your situation. Maybe it's a personal or family thing?? Is it your health?? 'Changed my mind' is a pretty poor reason IMHO. Most school owners/managers aren't heartless and neither are they fools with money. Good luck!

You shouldn't be working. You need a visa. Both of you are in violation.

@Liumingke1234

Hence, negotiation leverage for Kiwi.

Such violation and reputation tarnish are more substantial for a business entity than for a employee.

Our online communities "do talk" too. We are fond of publicly exposing unfair/unlawful practices.

Kiwi probably hasn't been fully paid for the first month. Otherwise, our friend would already be on the first flight back home (New Zealand?).

Best holster the big guns for now. Sit down with the employer and pass the peace pipe.

First, find out how much language schools spend on Visa applications for employees. You might consider absorbing that fee.

How long does it take to process a work visa application these days?
Does anyone know?
It used to take about 8 weeks, but someone said it is now streamlined and is much faster.

The key thing is have you been paid for your first month? It is possible that they have not set up a bank account yet (genuine red tape) , but they should have paid you cash. If not, red flag.
Are there other foreign teachers there from before? If so ask if they have got their visas. If no other teachers then it is a small outfit and may not have the permits to employ you.

If they are legit, and your visa is taking time, then yes the employer is entitled to ask you for expenses back, if there is a penalty clause in the contract, which there usually is.

If you break a legal contract with an employer you will not be able to apply for another work visa for (I think) 3 years. Unless the employer signs a release letter, which they probably will do if you leave in an orderly manner and pay them any costs that they think that they are owed.
One final question. Are you eligible for a work visa? Do you fulfill all of the requirements for teaching in China? If not, then the contract of employment is not legal, as you would never get the visa.

He said he was going back to his home country so I don't think it matters. If he was staying then it might be a problem.

If his/her main problem is with his employer, he/she might think of coming back in the future.

Don't think one would abandon the country because of a single employer. Reason most likely stems from not adapting to life/work in China, or homesickness.

Testing uncharted waters in finding ideal setting for oneself is common, nothing to fret about. Oftentimes peace of mind is attributed to within, not so much the environment, granted it does factor in somewhat.

Wishing happiness to all those who stay in Kunming, be it transitory or long-term.

maybe his tourist visa ran out

@bilingualexpat

I agree. It's not easy being an expat in China

However, it's better to have loved than not loved. As you pointed out, maybe it wasn't what he was expecting.