Job Discussion Forums

panman36 · Joined: 04 Jun 2008 Posts: 48

Hi. I have been at this school since the fall. School never actually got me a working visa. Allegedly it applied for all these documents but has been processing for months and months. About a month ago they said they weren't happy with the students' progress and put me on probabtion. Just yesterday, they gave me two-weeks notice and are hiring a new foreign teacher.

I believe it's bad practice to fire a teacher this close to contract completion date, isn't it? Is there any recourse I can take?

I'd happy to fill in any holes in the story if I left any, or any answer any questions. Thanks!

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

goroh · Joined: 09 Feb 2009 Posts: 23

Speaking of bad practice,you've been working without Z-visa and no FEC?
you're F-ed.

panman36 · Joined: 04 Jun 2008 Posts: 48

They were gonna get these for me... just never got around to it I guess Laughing

it'snotmyfault · Joined: 14 May 2012 Posts: 527

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

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

thank you.

i've just perused your posting history. is this the job you took when
you broke your contract previously...after three months 'cause you
was 'unhappy?'

i was beginning to miss hewlett, but you'll do nicely. Laughing

vikeologist · Joined: 07 Sep 2009 Posts: 600

Surely it looks as though he was thinking of breaking his contract, but didn't.

Anyway, the residence permit isn't something that the school needed to 'get around to'. What kind of visa or permit are you on? A tourist visa? Have you been here since September on a z visa, because I think that is only good for a month. If that's the case either you or the school have a big problem.

if you have been staying in China illegally, you could be in line for a big fine. Without knowing exactly what's going on, we can't advise you.

But, as people have said, since you're working illegally, you don't have an awful lot of recourse with the school.

Tell us more, or find somebody near you that can give you some informed advice.

We need this info
-Who are the school? (because teachers need to be warned that they're hiring teachers illegally)
-What visa / right to be in the country do you have, and what visa did you enter china on?
-Do you have a copy of a contract with an original signature by the school? (The contract is worthless to you, but you may need it as proof for the Police that you were duped into breaking the law).

Banner41 · Joined: 04 Jan 2011 Posts: 656 Location: Shanghai

Chinese law is usually 30 days notice so two weeks is already a problem. But, you have been working illegally so they can pretty much do what they want now.

kungfuman · Posted: Wed Mar 20, 2013 3:15 am Post subject:

Op - you want action? Go in there with a very large kitchen knife tucked in your waistband and make it know to the boss that you are owed some money.

Actions often speak louder than words

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

xiguagua · Joined: 09 Oct 2011 Posts: 768

Recourse against that school? nope.

What i'd do......if your visa hasn't expired you can be ok. No one else HAS to know you were even working.....for all they know you've been on "vacation" for awhile. You can "forget" that job ever happened and get a new one and hopefully a chance at a legal visa. Or you can go home.

If your visa is expired though, you're def screwed and might be subject to a huge fine. Isn't it like 1500yuan for every DAY in China without a valid visa?

Non Sequitur · Joined: 23 May 2010 Posts: 4724 Location: China

I've been frequenting Dave's for 10 years now and cannot believe we still have situations like this being reported.
The reason they didn't get around to normalising your visa is because in all likelihood they do not have the right to employ foreigners.

citadel · Posted: Wed Mar 20, 2013 10:49 pm Post subject:

I do not want to jump to conclusions but it sounds like they may be firing you becasue they cannot provide a proper visa.

(On another note, what is FEC? Is it the taxes? AS it appears on my paystub I get taxes taken out of paycheck each month, although I do submit my fapio (sp) as write off.)

GreatApe · Posted: Thu Mar 21, 2013 2:52 am Post subject:

I agree with Non Sequitur above.

FEC = Foreign Expert Certificate ... it plays an integral role in getting the "Z" visa and then moving that "Z" visa to a Residence Permit.

--GA