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Employer refusing resignation letter?

 
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jmoxley



Joined: 15 Jan 2015
Posts: 9
PostPosted: Fri Jan 23, 2015 3:13 am    Post subject: Employer refusing resignation letter? Reply with quote
Shanghai Noon wrote:

I really hate the way this works in China. The FEB NEVER takes the employee's side on anything. They allow companies to terminate any employee they want to without any questions, but if an employee wants to quit they need the employer's permission.


Hi there, I read the note above in another thread and I'm curious and confused about the bold part -- an employee needs the employer's permission to quit?

In my case, I submitted a resignation letter because the school, in Jiangsu, canceled my contractually-promised medical insurance by forging my signature on a doc that said I'd already resigned, which wasn't true. I was lucky when I went to the insurance agency to ask why my card didn't work that they had the termination document the school had submitted. Not my signature! I've been assured that that was illegal and made copies.

But after submitting a signed resignation letter with the proof, the school told me they wouldn't approve it. They demanded that I submit a letter saying I'm resigning for personal reasons.

Is that legal? Can they do that?

And of course they won't give me release documents to change jobs.

As per many suggestions on this forum, I contacted the Foreign Experts Bureau who's putting pressure on the school now. But the school's still wanting me to "change my reason" for resigning. The FEB suggested legal arbitration, but then encouraged negotiation (because arbitration can drag out and my z visa will expire next month) and said they told the school the same thing.

So we have a meeting on Monday. But I'm still unclear about my initial question: is it true that an employee needs the employer's permission to quit? In other words, is the resignation letter I submitted actually valid or not?
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Bud Powell



Joined: 11 Jul 2013
Posts: 1736
PostPosted: Fri Jan 23, 2015 4:46 am    Post subject: Reply with quote
"... I'm still unclear about my initial question: is it true that an employee needs the employer's permission to quit? In other words, is the resignation letter I submitted actually valid or not?..."

I don't know if it is legal, but I've heard it applied only to Chinese workers. A Chinese teacher's daughter's first job was in a hotel. It was a cr@ppy job, and she wanted to quit. She was told that she had to work there for at least six weeks before she quit so that the hotel could recoup whatever effort it had expended in teaching her what to do and how to do it. (Handing out menus in the restaurant!). The mother said that it was common among first-time employees. leaving without "permission" left the young worker with no letter of recommendation or even anyone to verify their employment.

It's extortion.

I've never heard of an FT being compelled to leave under any condition described by the OP. But then, ya gotta remember that you're a LONG way from Kansas, Toto.
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Unchained English



Joined: 31 Dec 2014
Posts: 32
PostPosted: Fri Jan 23, 2015 5:00 am    Post subject: Reply with quote
Teacher: I want to quit, please give me X
School: Ok, then give us Y
Teacher: Why?
School: We will have a meeting and discuss.
Teacher: Ok.


Teacher: I want to quit, please give me X
School: Ok, then give us Y
Teacher: Ok.


When you want to say "Ok", it is up to you. Fighting them over a piece of paper to release you is not going to help you much. I have done this dozens of times. Just give them what they want, they give you what you want. You are then on your way to another school.

This isn't shopping for clothes or cell phones. You can't haggle employment.
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jmoxley



Joined: 15 Jan 2015
Posts: 9
PostPosted: Sun Jan 25, 2015 1:59 am    Post subject: Reply with quote
Thanks on both of your points. Agreed that there's quite a bit of extortion going on here (in China in general) that's seemingly only resolved by the "Ok."

It's, for lack of a better word, comforting to know that these are some shared opinions.

I've got another related question (about economic compensation) but I'll post a new thread for better visibility.
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