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fpshangzhou
Joined: 13 Mar 2012
Posts: 280
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 Posted: Mon Sep 23, 2013 12:05 am Post subject: Final Instructions of Exiting an Employer Inquiry |
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Hello,
I have been working in a hotel company here in China a little over 2 years. Upon my return from my home country back to China, the company renewed my visa (expires June 2014), but after a month of no sign of a new contract, I was notified by the HR department that they won't be able to renew my contract to do economic slowdown. Therefore, I've decided to go into teaching English for the remainder of this visa year (2014). I will leave the country temporarily to attend a teacher training program. My questions are in regards to instructions when leaving the company.
1. Do I have to get a letter of release from HR department?
2. Is my residence book (maroon) or FEC book expired upon release or is it still valid for the whole year?
3. Are there other documents I need to collect before leaving this company?
4. Is it possible to collect the paid taxes that were withheld from my monthly salaries I paid into during my time here?
5. Is it possible to collect the remaining funds on the medical booklet that I never used? I have paid for the required monthly insurance just like all foreigners.
I hope to get some feedback as soon as possible.
Thanks,
Aaron |
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johntpartee
Joined: 02 Mar 2010
Posts: 3258
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| Posted: Mon Sep 23, 2013 12:16 am Post subject: |
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| Do I have to get a letter of release from HR department? |
Couldn't hurt.
| Quote: |
| Is my residence book (maroon) or FEC book expired upon release or is it still valid for the whole year? |
I don't know what a resident book is; the resident permit is usually stuck in the passport with the visa.
The only thing I'm certain of is that the FEC and resident permit are valid until cancelled by the school. I THINK you can use the old resident permit at another place if it's in the same province. |
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A593186
Joined: 02 Sep 2013
Posts: 98
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| Posted: Mon Sep 23, 2013 3:51 am Post subject: |
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Your documents expire when employment ends. It's amazing how many people think your documents just remain valid without valid employment. Sure, the technicality is, that if nobody knows your employment ended (this fact not submitted to the authorities), then in theory it remains valid. Fact is, with no job, you have NO LEGAL credentials to remain in the country. Why is that difficult for people to grasp?
You have NO JOB. I recommend you contact the PSB and get a proper, temporary visa/RP to remain here legally. |
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teenoso
Joined: 18 Sep 2013
Posts: 365
Location: south china
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| Posted: Mon Sep 23, 2013 4:46 am Post subject: |
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I agree with the previous post , you should treat your Resident Permit as expired when you leave the company. It does not just run by itself until June 2014.
You might leave China, try to re-enter on the RP and find it cancelled, or worse you might leave China after one month and find the RP has already been cancelled several weeks ago , and you need to pay a fine for overstay or incur some other penalty.
I think in this situation your employer should help you convert the RP to a temporary L visa. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Mon Sep 23, 2013 7:49 am Post subject: |
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| A593186 wrote: |
| Your documents expire when employment ends....the technicality is, .....then in theory it remains valid. .. |
c'mon helena, weren't you a lawyer last time around? or am i confusing
that with your doctor persona?
"in theory" remains valid? technicality? why not try reality. your
documents remain valid until the expiration date, unless the employer
cancels your residence permit.
i've been lead to believe an RP cannot be cancelled unless the psb
official has your passport in their possessives.
OP ain't gonna get a 'temporary RP' from the psb. rp's don't be issued
without the proper visa/supporting documents. it might be possible to
get a 30-day tourist visa, depending on the province, but that would
require returning to his hometown to get a new z-visa after locating
a new employer.
dang, helena, you should go back to doctorin'. |
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NoBillyNO
Joined: 11 Jun 2012
Posts: 1762
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| Posted: Mon Sep 23, 2013 7:49 am Post subject: |
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| Quote: |
| Your documents expire when employment ends. |
RP's and work books are related in that you have to have one without the other, but it takes a cancellation of your RP to make it invalid. Since immigration and labor departments are not one in the same, the cancellation of one does not necessary mean the cancellation of the other.
| Quote: |
| I think in this situation your employer should help you convert the RP to a temporary L visa. |
Bad advice! |
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Bud Powell
Joined: 11 Jul 2013
Posts: 1736
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| Posted: Mon Sep 23, 2013 1:30 pm Post subject: |
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Your boss/FAO should ask for your FEC as soon as you part company. My FEC has almost always been requested when I was dropped off at the airport.
If your residence permit expires after the termination of your contract, the employer/FAO may ask for your passport to cancel the residence permit. I was told that the y are REQUIRED by law not to let it just expire. I doubt this. I believe that they do this so that you don't stay in-country and go to work for someone else and get another residence permit. |
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fpshangzhou
Joined: 13 Mar 2012
Posts: 280
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| Posted: Mon Sep 23, 2013 9:57 pm Post subject: |
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Hi there,
Thanks for the input everyone has provided thus far. I've just chatted with my hr department and they said they will cancel my work permit, not the residence permit. However, I will take advice of A593186 and visit the psb office and confirm the rules and future status upon my departure. I just hope this difference poses a different outlook (hopefully more positive)???
I'd like some new advice from you guys/girls out there now that it is the work permit that will be discontinued.
Cheers,
Aaron |
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teenoso
Joined: 18 Sep 2013
Posts: 365
Location: south china
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| Posted: Tue Sep 24, 2013 12:45 am Post subject: |
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I am sure, when you visit the PSB , they will say you need to convert to a temporary L visa. Could be 30 days , could be only ten days (giving you time to exit the country).
But, please let us know the outcome. Having a 'free' RP to come and go in and out of China for almost a year would be too good to be true. |
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kungfuman
Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho
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| Posted: Tue Sep 24, 2013 1:15 am Post subject: |
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| fpshangzhou wrote: |
Hi there,
Thanks for the input everyone has provided thus far. I've just chatted with my hr department and they said they will cancel my work permit, not the residence permit. However, I will take advice of A593186 and visit the psb office and confirm the rules and future status upon my departure. I just hope this difference poses a different outlook (hopefully more positive)???
I'd like some new advice from you guys/girls out there now that it is the work permit that will be discontinued.
Cheers,
Aaron |
I would rule out a visit to the PSB as you may just open a can of worms. If the hotel lets you keep your residence permit then you are ok. make sure you get the reference letter and and the official reference letter saying that you completed your contract. Main reason to get all the docs is in case you decide to stay longer than you anticipated (the esl teachers honey trap.).
Be careful about arrangements with your new employer - they MAY tell you that you need a new residence permit or they MAY let you work on the existing one. |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Sep 24, 2013 4:47 am Post subject: |
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| fpshangzhou wrote: |
| ....will cancel my work permit, not the residence permit. However, I will take advice of A593186 and visit the psb office and confirm the rules and future status upon my departure.. |
you do know A59-666 is one of our resident trolls, no? good luck with
following that 'advice.' i suspect your next post will be about having
your RP cancelled, getting a new 30-day tourist visa, finding a new
employer, but having to return to your home country for another z-visa. |
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teenoso
Joined: 18 Sep 2013
Posts: 365
Location: south china
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| Posted: Tue Sep 24, 2013 5:16 am Post subject: |
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i suspect your next post will be about having
your RP cancelled, getting a new 30-day tourist visa, finding a new
employer, but having to return to your home country for another z-visa.
But the OP will leave the country to attend teacher training. So he/she needs to know the status of the visa/RP and whether it is still good to return to China. The RP is not issued or cancelled by the hotel , it is a PSB/immigration matter. If the hotel asks the labour bureau to cancel the FEC, maybe the labour bureau will contact the PSB (?) , even if the hotel does nothing about the RP. |
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A593186
Joined: 02 Sep 2013
Posts: 98
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| Posted: Tue Sep 24, 2013 5:20 am Post subject: |
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| choudoufu wrote: |
| fpshangzhou wrote: |
| ....will cancel my work permit, not the residence permit. However, I will take advice of A593186 and visit the psb office and confirm the rules and future status upon my departure.. |
you do know A59-666 is one of our resident trolls, no? good luck with
following that 'advice.' i suspect your next post will be about having
your RP cancelled, getting a new 30-day tourist visa, finding a new
employer, but having to return to your home country for another z-visa. |
This is the problem. Some so-called veteran (based on post count) who think it is okay to skirt rules, procedure, and law (let alone more). There are consequences to not obtaining valid credentials for your "next job" in the proper time. There are consequences for waiting to find out you are being refused a renewal at the most late or inopportune time. Looking for a new job or requesting renewal should be done well in advance of expiration. Six months is reasonable and if your employer refuses to commit to you at that time, then it's your own fault for not demanding it or moving on.
Losing your visa, RP, other credentials is part of the game. Our poster (quoted in this post) seems to think people should keep their mouths shut in the hope that the don't get caught, rather than volunteer their tenuous situation. To me, it's clear that this user is one of those hiding from something and trying not to raise any eyebrows under any circumstances; all in the hope of being able to live under anyone's radar and not get caught as it were. Got that summed up properly? I think so.
"resident troll" ... it's a troll that spends their days and nights concerned about what other people have to say and cry about it anonymously. Take your own wishy-washy requisite positive comments elsewhere. This forum is reality and fact is, people need to hear the negative aspect of their decisions.
"Oh let's run off to a foreign country, where I don't speak the language, can't eat the food, must spend my time with others from my own country, not read or follow the laws, and work illegally." That's sounds like a plan.
Get a grip. Ego. |
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Banner41
Joined: 04 Jan 2011
Posts: 656
Location: Shanghai
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| Posted: Tue Sep 24, 2013 5:46 am Post subject: |
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| A593186 wrote: |
| choudoufu wrote: |
| fpshangzhou wrote: |
| ....will cancel my work permit, not the residence permit. However, I will take advice of A593186 and visit the psb office and confirm the rules and future status upon my departure.. |
you do know A59-666 is one of our resident trolls, no? good luck with
following that 'advice.' i suspect your next post will be about having
your RP cancelled, getting a new 30-day tourist visa, finding a new
employer, but having to return to your home country for another z-visa. |
This is the problem. Some so-called veteran (based on post count) who think it is okay to skirt rules, procedure, and law (let alone more). There are consequences to not obtaining valid credentials for your "next job" in the proper time. There are consequences for waiting to find out you are being refused a renewal at the most late or inopportune time. Looking for a new job or requesting renewal should be done well in advance of expiration. Six months is reasonable and if your employer refuses to commit to you at that time, then it's your own fault for not demanding it or moving on.
Losing your visa, RP, other credentials is part of the game. Our poster (quoted in this post) seems to think people should keep their mouths shut in the hope that the don't get caught, rather than volunteer their tenuous situation. To me, it's clear that this user is one of those hiding from something and trying not to raise any eyebrows under any circumstances; all in the hope of being able to live under anyone's radar and not get caught as it were. Got that summed up properly? I think so.
"resident troll" ... it's a troll that spends their days and nights concerned about what other people have to say and cry about it anonymously. Take your own wishy-washy requisite positive comments elsewhere. This forum is reality and fact is, people need to hear the negative aspect of their decisions.
"Oh let's run off to a foreign country, where I don't speak the language, can't eat the food, must spend my time with others from my own country, not read or follow the laws, and work illegally." That's sounds like a plan.
Get a grip. Ego. |
Up to 40 posts in one month Helena! Well done....you are promoted from beginner to novice! You will be veteran in no time! |
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choudoufu
Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC
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| Posted: Tue Sep 24, 2013 6:21 am Post subject: |
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| teenoso wrote: |
| But the OP will leave the country to attend teacher training. So he/she needs to know the status of the visa/RP and whether it is still good to return to China. The RP is not issued or cancelled by the hotel , it is a PSB/immigration matter. If the hotel asks the labour bureau to cancel the FEC, maybe the labour bureau will contact the PSB (?) , even if the hotel does nothing about the RP. |
from what i've read here, lo these many, many years, FEC & RP are
completely unrelated bearucratically. FEC is usually cancelled by request
of the school, and the RP would normally run its course, or be cancelled
when getting the next RP. with the new laws coming into effect, who
really knows........
i'd be very worried about going into a PSB and asking questions. asking
questions gives a bureaucrat the opportunity to say "NO!" handing
your passport to mr PSB man for a look-see is just asking to have the
permit cancelled. if still on good terms with the hotel, better to have
the HR office check into things, perhaps without mentioning OP by name
or RP number.
so....still on good terms? FEC and RP are still valid --would it be possible
to ask HR to delay cancelling the FEC until OP comes back from training?
there's always a chance the hotel could come through with a new contract....
they're just keeping you on as a consultant until... |
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