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whatevs
Joined: 25 Apr 2012 Posts: 45
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Posted: Fri Aug 10, 2012 2:19 pm Post subject: Changing jobs? |
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Apologies in advance if this has been covered a zillion times already. I admit that I don't have enough time or energy to pour through lots of old posts. But anyway I met a young woman recently who is really being screwed over by her job. She wants to change jobs and doesn't know how to go about it really, aside from the applying part. She's averse to these boards so I told her I'd reach out on her behalf. The questions seem to be,
1. How likely is it that she can change without going back to her home country?
2. If she were to just 'do a runner' would her visa be effectively cancelled? could she come back as a tourist no problem?
3. Some countries have hotlines or offices set up to answer questions about rules and rights for foreign workers, is there anything like that here?
I'm sure there are more questions and people more knowledgeable than me will know the issues at the core of something like this, so please post if you get the drift and have knowledge to share. Thanks! |
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Miles Smiles

Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee
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Posted: Fri Aug 10, 2012 3:12 pm Post subject: |
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First, she should check to see if the school's actions actually violate her contract.
Second, she may want to work something out with her employer and somehow establish a record that she has tried to settle the problem, should she take the problem much farther up the pipeline.
Now comes the scary part:
She will have to make a decision whether to contact the Bureau of Foreign Experts in her city to sort things out and either remedy the problem or get an early release from her contractual obligations. It's scary because the situation can backfire, depending upon the problem. The BFE may not be very receptive to her complaint and the boss/FAO may lie through his teeth. In my one similar case, the BFE was receptive and got the FAO to get back on track. (Sort of). By this time, the FAO realized that I was fed up with the situation of being lied to, its unwillingness to remedy the situation; it also realized that I lost all trust in the school and that i would probably ask for an early termination.
I didn't ask for an early termination. I decided to go job hunting in the city I was working in. I found a school that was very happy to hire me at a much better rate of pay. To make a long story short, word got back to my employer that I was looking for another job, and that I would jump ship ASAP. The FAO offered an early release, but it demanded my passport to get a one-month tourist visa put in my passport, which essentially killed my chances of getting a residence permit without a lot of headaches (if at all). Had I not accepted the terms of the early release, I think things would have become much worse for me.
This is probably what will happen if your friend tries to settle the problem the way that it did. Going through the proper channels doesn't always work.
Others are more informed regarding pulling a runner. I'm just not very experienced in this area. |
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whatevs
Joined: 25 Apr 2012 Posts: 45
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Posted: Mon Aug 13, 2012 9:33 am Post subject: |
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Thank you for your reply Miles Smiles.
So every city definitely has a Bureau of Foreign Experts?
I think she's planning just to run it looks like. Other teachers have been giving her the sense that the system is just not designed to have things work out for foreigners
And yes, what they did was definitely totally different from what was spelled out on the contract. |
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Miles Smiles

Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee
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Posted: Mon Aug 13, 2012 12:08 pm Post subject: |
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I don't know whether every city has a BFE, but every city that has foreign workers is in the jurisdiction of a BFE somewhere. Your friend's city should have one if the city engages in manufacturing under foreign management and/or has a university or collection of colleges. I suggested contacting the BFE because although, technically, it cannot cancel contracts, it can exert influence upon the school to release your friend from the contract. That's what I did. |
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whatevs
Joined: 25 Apr 2012 Posts: 45
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Posted: Mon Aug 13, 2012 12:56 pm Post subject: |
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Miles Smiles wrote: |
I don't know whether every city has a BFE, but every city that has foreign workers is in the jurisdiction of a BFE somewhere. Your friend's city should have one if the city engages in manufacturing under foreign management and/or has a university or collection of colleges. I suggested contacting the BFE because although, technically, it cannot cancel contracts, it can exert influence upon the school to release your friend from the contract. That's what I did. |
So if we do ever find out where that is, presumably someone there should speak English, right?
Glad it worked out for you
And thanks again for the info |
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Miles Smiles

Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee
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Posted: Mon Aug 13, 2012 7:59 pm Post subject: |
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Quote: |
So if we do ever find out where that is, presumably someone there should speak English, right? |
Possibly. |
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5h09un
Joined: 01 Jul 2010 Posts: 140
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Posted: Thu Aug 16, 2012 10:17 am Post subject: |
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whatevs wrote: |
So if we do ever find out where that is, presumably someone there should speak English, right?
Glad it worked out for you
And thanks again for the info |
don't count on it. when i went to the BFE in zhengzhou a couple of years ago, they did have someone who could speak english...who got up and left without saying anything when i said through my chinese friend that i needed help with a problem i was having with my employer at the time. it's hit or miss when you're dealing with government workers here. for me it's mostly been misses.
she should try to work out her problems with her employer without seeking outside intervention first. i recommend trying to resign peacefully and according to the terms spelled out in her contract. that means giving at least as many days notice as the contract demands and possibly reimbursing the school for things like her residence permit if the contract requires that. there's no point in staying at a job where you aren't being treated with respect, especially in this country and she will be much happier this way in the long run. if her school won't cooperate with her and won't let her resign from her position according to the contract both she and a representative of the school signed, she should bring a chinese friend with her to the nearest BFE office. they will contact the school on her behalf and this will probably be enough to scare them straight.
after her contract is terminated through mutual agreement she can start working somewhere else. but her school will have to provide her with a release letter and a letter that proves her foreign expert certificate from that job has been canceled so she can get a new foreign expert certificate for her new job. they are required by law to do this and the BFE will intervene on her behalf if the school won't cooperate with her, which can lead to legal and financial sanctions. that's why i said a simple phone call from a BFE representative might be enough to allow your friend to get out of this lousy situation in which she has found herself.
basically, your friend should start looking for work ASAP. i think she's probably going to have to get the authorities involved though. there are a lot of schools out there that love to exploit people who are new to this country and don't know what their rights are or where they can get help when they need it. she should not listen to any garbage her employer tells her about getting banned from entering the country or anything like that. if they start making those threats, just go to the BFE. they will tell her themselves that her school does not have the legal right to do things like cancel her visa or ban her from entering china for any number of years or have her passport flagged at the airport so that she'll be detained.
as for doing a runner, this isn't a good idea unless she's really desperate. she could come back to china, but i'm pretty sure her visa can be canceled if she disappears from the school that's responsible for her. i'm not certain of that though, because they need to be in possession of her passport in order to cancel her residency permit. to be clear, the only thing that can get you barred from entering the country later is if you do something serious. by serious, i mean something so bad the the police lock you up and have you deported. quitting a job where you aren't being treated fairly isn't serious. |
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Miles Smiles

Joined: 07 Jun 2010 Posts: 1294 Location: Heebee Jeebee
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Posted: Thu Aug 16, 2012 10:32 am Post subject: |
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5h09un
Was it SAFEA or the BFE where someone walked out? That situation sounds more like SAFEA.
Your advice is excellent. Very diplomatic. |
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whatevs
Joined: 25 Apr 2012 Posts: 45
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Posted: Sun Aug 26, 2012 9:13 pm Post subject: |
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5h09un wrote: |
whatevs wrote: |
So if we do ever find out where that is, presumably someone there should speak English, right?
Glad it worked out for you
And thanks again for the info |
don't count on it. when i went to the BFE in zhengzhou a couple of years ago, they did have someone who could speak english...who got up and left without saying anything when i said through my chinese friend that i needed help with a problem i was having with my employer at the time. it's hit or miss when you're dealing with government workers here. for me it's mostly been misses.
she should try to work out her problems with her employer without seeking outside intervention first. i recommend trying to resign peacefully and according to the terms spelled out in her contract. that means giving at least as many days notice as the contract demands and possibly reimbursing the school for things like her residence permit if the contract requires that. there's no point in staying at a job where you aren't being treated with respect, especially in this country and she will be much happier this way in the long run. if her school won't cooperate with her and won't let her resign from her position according to the contract both she and a representative of the school signed, she should bring a chinese friend with her to the nearest BFE office. they will contact the school on her behalf and this will probably be enough to scare them straight.
after her contract is terminated through mutual agreement she can start working somewhere else. but her school will have to provide her with a release letter and a letter that proves her foreign expert certificate from that job has been canceled so she can get a new foreign expert certificate for her new job. they are required by law to do this and the BFE will intervene on her behalf if the school won't cooperate with her, which can lead to legal and financial sanctions. that's why i said a simple phone call from a BFE representative might be enough to allow your friend to get out of this lousy situation in which she has found herself.
basically, your friend should start looking for work ASAP. i think she's probably going to have to get the authorities involved though. there are a lot of schools out there that love to exploit people who are new to this country and don't know what their rights are or where they can get help when they need it. she should not listen to any garbage her employer tells her about getting banned from entering the country or anything like that. if they start making those threats, just go to the BFE. they will tell her themselves that her school does not have the legal right to do things like cancel her visa or ban her from entering china for any number of years or have her passport flagged at the airport so that she'll be detained.
as for doing a runner, this isn't a good idea unless she's really desperate. she could come back to china, but i'm pretty sure her visa can be canceled if she disappears from the school that's responsible for her. i'm not certain of that though, because they need to be in possession of her passport in order to cancel her residency permit. to be clear, the only thing that can get you barred from entering the country later is if you do something serious. by serious, i mean something so bad the the police lock you up and have you deported. quitting a job where you aren't being treated fairly isn't serious. |
This was great advice, thank you. She had success with the first stage of problem solving-- worked it out with her employer. They were apparently terrified when she threatened to quit. Wish I could share the details of the weird things they put her through but she is very worried about being id'd as a rat. (Do bosses/Chinese officials really patrol this board so diligently? Lord....)
Anyway, they agreed to change a lot of the unpleasant/ uncontracted aspects of her job and she feels much better.
Thanks again Miles Smiles and 5h09un, the main advice that she was going on was from you guys. Reassuring & very helpful!!! |
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