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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 2:49 pm Post subject: Employer is trying to screw me at the 11th hour |
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Hi all,
I'm quite sure my employer is trying to screw me because I chose not to resign my contract. I had a feeling this was going to be a problem because this year they paid other teachers their flight bonuses 1-2 months late and it looks like they're going to do the same to me. The only difference is that I planned to leave China after my contract expires. I don't want to go into details, but I've heard sufficient hear-say evidence that I am leaving two weeks before my already purchased plane ticket says I'm going anywhere.
Being a foreigner in China doesn't give one many rights, but I do have one point of leverage: they employ several people who they don't pay taxes on. These people are here on legit Z-visas, but work under the table.
Approaching my employer and telling them that I will contact the PSB and tax office if I don't make it through my contract strikes me as blackmail, so that idea is out. However, I could make a visit to the PSB and tax office before my employer can terminate my residence permit behind my back. That really seems like a petty thing to do, but so is firing someone before their contract ends and making them change their exit flight and other plans.
What are your thoughts on this matter? |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Tue Dec 10, 2013 2:58 pm Post subject: Re: Employer is trying to screw me at the 11th hour |
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ohinternet wrote: |
....before my employer can terminate my residence permit behind my back..... |
your residence permit is in your passport.
can't cancel your RP without your passport.
where is your passport? |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Tue Dec 10, 2013 2:59 pm Post subject: |
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You said you've got hearsay evidence only. Have you tried talking to the employer? |
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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 3:00 pm Post subject: Re: Employer is trying to screw me at the 11th hour |
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choudoufu wrote: |
ohinternet wrote: |
....before my employer can terminate my residence permit behind my back..... |
your residence permit is in your passport.
can't cancel your RP without your passport.
where is your passport? |
They asked me to give it to them today so they could "renew your health insurance." I sternly told them, in no uncertain terms, that I will not give them my passport.
Last edited by ohinternet on Tue Dec 10, 2013 3:11 pm; edited 1 time in total |
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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 3:04 pm Post subject: |
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johntpartee wrote: |
You said you've got hearsay evidence only. Have you tried talking to the employer? |
The employer is directly telling my students that I am leaving on a specific date, which is before my contract end date and my flight date. |
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rogerwilco
Joined: 10 Jun 2010 Posts: 1549
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Posted: Tue Dec 10, 2013 3:13 pm Post subject: Re: Employer is trying to screw me at the 11th hour |
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ohinternet wrote: |
choudoufu wrote: |
ohinternet wrote: |
....before my employer can terminate my residence permit behind my back..... |
your residence permit is in your passport.
can't cancel your RP without your passport.
where is your passport? |
They asked me to give it to them today so they could "renew my health insurance." I sternly told them, in no uncertain terms, that I will not give them my passport. |
In my 5 years in China no employer has ever needed anything more than just a copy of my passport to do anything related to my health insurance.
At the end of all of this please return and "name and shame". |
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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 3:17 pm Post subject: Re: Employer is trying to screw me at the 11th hour |
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rogerwilco wrote: |
ohinternet wrote: |
choudoufu wrote: |
ohinternet wrote: |
....before my employer can terminate my residence permit behind my back..... |
your residence permit is in your passport.
can't cancel your RP without your passport.
where is your passport? |
They asked me to give it to them today so they could "renew my health insurance." I sternly told them, in no uncertain terms, that I will not give them my passport. |
In my 5 years in China no employer has ever needed anything more than just a copy of my passport to do anything related to my health insurance.
At the end of all of this please return and "name and shame". |
I will post a review of this company and location in both English and Chinese after leaving China. I don't want to run afoul of the internet rumors law before leaving China  |
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muffintop
Joined: 07 Jan 2013 Posts: 803
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Posted: Tue Dec 10, 2013 3:37 pm Post subject: |
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Talk to them directly.
Be nice about it and do NOT get angry but find a way to make it clear that any monies owed to you are to be paid in full on or before a specific date. Failure to comply may result in a discussion with the PSB/SAFEA/CFTU/Whoever. You do not need to be clear about what you will discuss with them. Let the school guess. I imagine if they are doing something shady like what you described....they are doing many other things you can't see that would likely get them in a bind. |
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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 4:07 pm Post subject: |
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muffintop wrote: |
Be nice about it and do NOT get angry but find a way to make it clear that any monies owed to you are to be paid in full on or before a specific date. |
This is where I have a problem. Why would it be in their best interest to pay me on the way out? I have leverage, but actually using it amounts to blackmail or extortion under the laws of my home country and God knows what in China. I really don't want to end up in a Chinese jail over attempting to get my measly pay and flight reimbursement before leaving China. |
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rogerwilco
Joined: 10 Jun 2010 Posts: 1549
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Posted: Tue Dec 10, 2013 4:10 pm Post subject: |
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muffintop wrote: |
Talk to them directly.
Be nice about it and do NOT get angry but find a way to make it clear that any monies owed to you are to be paid in full .... |
A friend of mine in Nanjing was very late in getting paid for some overtime work.
He went to the bosses office at 8am and had a seat. He started to politely chat with her. After about 30 minutes of polite chit-chat the boss finally realized that he was there to stay, and was not leaving without his money.
She made a phone call, and cash was delivered to him in her office. |
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muffintop
Joined: 07 Jan 2013 Posts: 803
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Posted: Tue Dec 10, 2013 4:28 pm Post subject: |
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ohinternet wrote: |
muffintop wrote: |
Be nice about it and do NOT get angry but find a way to make it clear that any monies owed to you are to be paid in full on or before a specific date. |
This is where I have a problem. Why would it be in their best interest to pay me on the way out? I have leverage, but actually using it amounts to blackmail or extortion under the laws of my home country and God knows what in China. I really don't want to end up in a Chinese jail over attempting to get my measly pay and flight reimbursement before leaving China. |
If you don't care about the money...then do what you want. Telling your employer that if you are not paid prior to the end of your contract that you'll have to discuss it with the relevant authorities is hardly blackmail or extortion. |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Tue Dec 10, 2013 5:34 pm Post subject: |
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Can the threats. That will do no good. I promise you.
Talk to your boss to confirm or debunk the hearsay. Be direct, but not be forceful.
DO go to your City FAO and tell them the situation if it turns out that your employer intends to pork you. You don't need the PSB involved in it.
Call the airline or agency from whom you bought the tickets and arrange for another departure date. You may have to pay a fee, but that's better than losing the full price of the ticket.
That they want your passport could mean that they intend to give you the bum's rush by changing your RP to an L visa, especially if they know that you're leaving. They may already have someone lined up and the other guy wants in RIGHT NOW, but they don't want to pay two paychecks.
Keep it low key and act Chinese. That's what they are, that's where you are, and that's the sort of behavior that they can deal with. This is difficult to swallow if you're an American because Americans exercise their rights and air their complaints loudly. The Chinese don't. Don't try to convince them that THEY'RE wrong. Convince them that they are misinformed and that you have the correct information.
Until you verify your suspicions and the hearsay, it's still all a mind game. Confront it now and protect yourself. If you find that your boss intends to change your RP to an L visa, hang onto your passport and THEN go to the PSB, but only if your intention to leave as you say have been agreed upon by both parties. The PSB CAN intervene and read your boss the Riot Act if it feels so inclined.
Every time I've gone in with guns a'blazin', I've lost. You might want to start with a "Gee, I thought we were friends" approach, even if there's bad blood between you. There are no laws against insincerity. If there were, prisons worldwide would be filled with bosses. |
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ohinternet
Joined: 28 Nov 2013 Posts: 10 Location: Beijing
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Posted: Tue Dec 10, 2013 5:43 pm Post subject: |
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Bud Powell wrote: |
They may already have someone lined up and the other guy wants in RIGHT NOW, but they don't want to pay two paychecks. |
They do have someone lined up, who will arrive about the same time I am supposedly leaving.
Thanks for the advice - it sounds more and more that I should just head to the tax office tomorrow. |
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teenoso
Joined: 18 Sep 2013 Posts: 365 Location: south china
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Posted: Wed Dec 11, 2013 12:47 am Post subject: |
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Quote: |
but I do have one point of leverage: they employ several people who they don't pay taxes on. These people are here on legit Z-visas, but work under the table. |
You may not know the real position of these employees - if they're earning under the tax threshold, the employer may not need to worry about tax etc. I suggest not heading to the tax office today/tomorrow . Your employer will hear about your visit , for sure .
Advice here is just to deal with your own problem . If the employer knows you will leave at the end of the contract , make sure you arrange with them how and when to get the flight re-inbursement . If they dither , do the 'sitting in office ' routine recommended by another poster. Be friendly , but be persistent . If necessary , see the city Foreign Experts Bureau.
However, you say you will leave two weeks before your flight - is that before the end of your contract ? If so, it makes it much more difficult to negotiate an amicable exit, and weakens your moral position , IMO unless there is seriously bad behaviour by them (which you seem reluctant to discuss here).
Last edited by teenoso on Wed Dec 11, 2013 12:52 am; edited 1 time in total |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Wed Dec 11, 2013 12:49 am Post subject: |
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Quote: |
Being a foreigner in China doesn't give one many rights, but I do have one point of leverage: they employ several people who they don't pay taxes on. These people are here on legit Z-visas, but work under the table.
Approaching my employer and telling them that I will contact the PSB and tax office if I don't make it through my contract strikes me as blackmail, so that idea is out. |
You may find that the tax office will check your passport number .. to insure you have paid taxes, and if they cannot find a record and taxes are due from the company, they may do an investigation but this in no way will help in negotiations. After all, your employer can deal with the tax office at any time and your coming forth as a whistle blower may not be welcomed. Also it maybe possible that the employer is paying a blanket tax to cover those who the tax office does not collect on an individual basis. |
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