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Break contract=never get another work visa in China?

 
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dOhbOy



Joined: 04 Nov 2013
Posts: 8

PostPosted: Tue Nov 05, 2013 12:57 pm    Post subject: Break contract=never get another work visa in China? Reply with quote

I'm half way through a year contract (well almost- I plan to finish the semester) in Dalian at a University. But my girlfriend and her child are moving to Guangzhou. She has to travel a lot for work so I need to move down there to be with them to take care of the child, but as my contract isn't up, so I would have to break it half way through. This was my first contract with them as well.

Here is my problem/question- my school has told me that if I break the contract the government will possibly blacklist me as a work visa recipient. I do not plan to work for another school in GZ (I'm expecting to work at a company like IBM, or somewhere similar). Is there any validity to what I was told by my school? Or were they just trying to scare me?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Tue Nov 05, 2013 1:07 pm    Post subject: Reply with quote

It could happen. I did a runner in Henan several years ago (the school broke the contract) and when I returned to China last year (Hubei), I was told that I had been blacklisted. I appealed and was able to stay and have been here ever since.
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dOhbOy



Joined: 04 Nov 2013
Posts: 8

PostPosted: Tue Nov 05, 2013 1:15 pm    Post subject: Reply with quote

Hmm good to know. The school also told me that since I'm giving them basically a 3 month notice (and because there is a small child involved) they will write me a letter to explain to the gov't the situation...so I'm guessing/hoping that will help.
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dOhbOy



Joined: 04 Nov 2013
Posts: 8

PostPosted: Tue Nov 05, 2013 1:16 pm    Post subject: Reply with quote

Just out of curiosity. What was the appeal process like?
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Tue Nov 05, 2013 1:33 pm    Post subject: Reply with quote

I explained to the administrators at my current college what happened, they submitted my case to the powers that be and I prevailed. I was positive I was dead in the water (my word against the Henan employer), but it worked out.

I put the whole story on here.

"Warning! Henan Business College, Zhengzhou"

"There IS a blacklist"

"NEVER thought this would happen....."
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choudoufu



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

PostPosted: Tue Nov 05, 2013 2:49 pm    Post subject: Reply with quote

dOhbOy wrote:
Hmm good to know. The school also told me that since I'm giving them basically a 3 month notice (and because there is a small child involved) they will write me a letter to explain to the gov't the situation...so I'm guessing/hoping that will help.



umm.....the government don't care. IF there is a blacklist, you won't
be put on it unless the school files a complaint. you're not actually
breaking the contract, you and the school are mutually agreeing to
end employment.

what situation do they need to explain? just get release and
recommendation letters.

the tricky part is the legality of staying in china on a residence permit
tied to your former employer.
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dOhbOy



Joined: 04 Nov 2013
Posts: 8

PostPosted: Wed Nov 06, 2013 12:12 am    Post subject: Reply with quote

Thank you stinky Tofu Smile
I was hoping that is the case. So it does sound like it is more of the school trying to scare me into staying.
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zactherat



Joined: 24 Aug 2011
Posts: 295

PostPosted: Wed Nov 06, 2013 3:21 am    Post subject: Reply with quote

I have seen it happen, blacklist or nay: one teacher at my school left on very bad terms, and tptb wouldn't give her a release letter.

She got a new job in a different province, and worked for a couple of weeks whilst they processed her new working papers. But said papers could not be processed without said release letter, and the new school could not keep her.

She found a new job, new place, same thing. Then the same thing happened again. As far as I know she's not legally employable in China any longer. I think she skipped out to Thailand

Not saying that this example represents the norm, but it does happen. So choose your battles wisely.
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Banner41



Joined: 04 Jan 2011
Posts: 656
Location: Shanghai

PostPosted: Wed Nov 06, 2013 7:30 am    Post subject: Reply with quote

You will know real fast if the school starts to give you trouble over the release letter. If they don't care, they will just give the release. You should have a release in your contract that by China law should be 30 day notice. I left a school once and gave two months notice and they happily gave me my letter. With three months notice you should be fine but they can certainly jerk with you if they want.
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dOhbOy



Joined: 04 Nov 2013
Posts: 8

PostPosted: Wed Nov 06, 2013 8:11 am    Post subject: Reply with quote

thank you all for the replies. They have all been very helpful. I guess I'll just see what happens and if they push back I'll just have to play it by ear.
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kungfuman



Joined: 31 May 2012
Posts: 1749
Location: In My Own Private Idaho

PostPosted: Wed Nov 06, 2013 12:29 pm    Post subject: Reply with quote

In my school at least 5 teachers have left during the contract period. None have been blacklisted or banned from seeking employment in China again. The HR person told me that they understand people have reasons why they need to leave the school, Suzhou, or China.

If your school allows you to leave then you should not experience future problems. Is should only cause headaches when you have a dispute w the school.
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JoeKing



Joined: 30 Apr 2008
Posts: 519

PostPosted: Thu Nov 07, 2013 4:36 am    Post subject: Reply with quote

choudoufu wrote:
dOhbOy wrote:
Hmm good to know. The school also told me that since I'm giving them basically a 3 month notice (and because there is a small child involved) they will write me a letter to explain to the gov't the situation...so I'm guessing/hoping that will help.



umm.....the government don't care. IF there is a blacklist, you won't
be put on it unless the school files a complaint. you're not actually
breaking the contract, you and the school are mutually agreeing to
end employment.

Exactly!!The school does not even have to agree, as long as you give the notice spelled out in the contract, which they wrote, which I guess means that they already agreed. So there you have it.
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