Job Discussion Forums

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

Okay. Now we have even more information. NO WORK VISA! You don't understand why your employer is not reimbursing you? You cannot compel her to uphold the terms of the contract because you are illegal!

I mean, I feel for you, but at some point, you have to look at the situation realistically.

Opiate · Joined: 10 Aug 2011 Posts: 630 Location: Qingdao

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

I agree with Opiate. The poster would still be in the same position if the boss felt like it, legal or not.

However...there is one piece of leverage he still has over legal teachers:

A final thought would be to say: "Look, there is a massive crackdown in Beijing and probably soon nation-wide on illegal foreigners. I just worked illegally for your school and it would be a shame for me to contact the PSB in Beijing once I am home that this school hires illegal foreigners."

Other than that, fresh out of ideas. Unless you fortify your spine with steel and take a stand.... take your lumps and move on.

Exp_China · Joined: 11 May 2012 Posts: 18

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

dean_a_jones · Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China

Exp_China · Joined: 11 May 2012 Posts: 18

Although I'm not 100% sure. The 1st school got me a resident permit from the police station. They had a look at my Chinese ID and my British passport and that seemed fine.

My current school had a visit from the police requiring everybodys ID, they took them away and then gave it back within an hour, no problems I wouldn't have thought. So I assume I am legal.

dean_a_jones · Joined: 03 Jul 2009 Posts: 1151 Location: Wuhan, China

This may be part of your problem, and it is probably worth finding out. It could be that your current school is pulling some strings for the local authorities to turn a blind eye to your situation in terms of working. It certainly complicates what action you can take in terms of recourses beyond discussing with your school (i.e. involving third parties).

It is a good idea (and I'm sure not too dificcult to figure out) what are the rules concerning your Chinese ID and working in China, if only for future reference. The fact that your first school paid for a RP for you seems odd if they didn't have to. As I said before, the right to remain/reside in the country does not automatically lead to the right to work.

If you are in fact legal, then you have much more solid ground to stand on in regards to demanding your contract is upheld.

Also agree with others that a named review of your school (balanced of course) would be helpful for anyone considering accepting a position in the future.

Opiate · Joined: 10 Aug 2011 Posts: 630 Location: Qingdao

Ariadne · Joined: 16 Jul 2004 Posts: 960

Pretty easy to tell if you were issued an RP. Look in your passport... unless you have a new passport since then.

.

choudoufu · Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC

Miles Smiles · Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee

Exactly what is this special Chinese ID that the OP refers to?

Lobster · Posted: Sat Jun 02, 2012 1:50 pm Post subject:

OP, you are being very vague about your documentation. First, you atate that you have an ID card that allows you to stay in China. Exactly what is the name of that card? Green Card? D Visa? City ID? Driver's Licence?Gym Club Membership? Second, you state that you got a residence permit from the police station, but the police don't issue residence permits; RPs are issued by the Entry and Exit Bureau. You must register residence with the local PSB and they give you a paper, but that's not an RP. Third, you haven't said whether you hold a Foreign Expert's Certificate. Without this booklet, you aren't legal. Do you have a SAFEA contract?

As another poster mentioned, perhaps it's just the school's connections that are keeping trouble at bay. That's not going to help you anyway in this dispute.

Seeing as how you seem reluctant to take any drastic action, I think you may as well forget about getting airfare and just hope you get your final pay. Now that they know you're leaving, they figure you're about as valuable as a piece of gum on the sidewalk. Make sure your next contract isn't so vague and that you and the school are legal instead of just supposing you are.

RED

Exp_China · Joined: 11 May 2012 Posts: 18

Thanks for everyone's advice. I really appreciate the time people have spent commenting, so hopefully this will also help others too.

So, about my "Chinese ID" what is it? Yes, I probably have been quite vague, probably due to being ignorant. So after a few people who have asked me to confirm what this ID does, I went to check. And...this ID alone does not allow me to work in China but does in HK (But that's another story).

So the contract goes out the window. Reimbursement of the flight ticket or not, I will not get it because I'm not protected so have no right to ask for this or that. One thing I will do though, is tell, the main school about what has happened (not about the illegal part of course) and before I go I'm going to tell the head what I think of her decisions.

So 2 lessons learnt if I ever teach again in CHina:
1. Don't be smart and think you're going to be saving the school money (apply for a VISA!)
2. Re-write the contract.

The 1st school made it so smooth, i didn't even realise I needed a VISA.
Only until when I'm questioning my contract on here, for the 2ns school that I finally know the truth. So in 2 weeks time when I finish, I'll get my 1 and a half months pay plus 1000kuai.

Finally, I dont think it's 100% my fault, the school must know that its illegal with just the ID, but chose to hire me anyway. The police have come and I was fine.