Job Discussion Forums

[MrWright]

So the agency that placed me in my school insists on holding my FEC. I am finishing the contract with them and moving on to a new school next year. We are pretty sure they will cancel the FEC once the contract is over. I will be in the states, and once they cancel it my understanding is that that will cancel my residency permit and I won't be allowed to renter the country, even though my current permit is good until the end of August. Here's my question: can the agency legally withhold my FEC? It lists my school on it, not the agency. Doesn't it belong to me and my school? Is there any way to force them to give it to me or my school? We believe they keep it to hold something over our head and get us to resign with them, but that is speculation. I would appreciate any info anyone has about this. This is the end of my first year here, so I don't know much about this stuff.

[3701 W.119th]

Hi,

They can't cancel your residency permit, as this is 'yours'. It's in your passport. It expires when it expires.

I've never even seen my FEC/work permit, as my employer holds it, but they've told me they'll cancel it on the last day of my contract.

If your RP is good until August, then I think you can come and go as you please until that date. The FEC/work permit is tied to your employer, so I think it's pretty standard that they hold this, and do as they like with it.

If you're working in a different province next year, your new employer will need to process a new FEC anyway, so the status of your current one is not really that important.

The important thing is getting your RP renewed by your new school, before it expires. Otherwise you'll have to go through the whole Z Visa process again.

[listerialysin]

The issue of the FEC is wishy-washy

The certificate belongs to the employer, it's that simple.

However, the certificate/book is also intended to serve as a form of ID in China for various purposes.

Most employers give you the book and then you return it at the end of employment. If they are demanding to keep your book, then there are bigger issues.

Legally, per the process, you are required to return the book to the employer.

In all my time in China I have never been asked for my FEC by anyone except my employers.

[MrWright]

The thing is the agency, who has the FEC, isn't my employer. The school is. On the FEC the school is named, not the agency. Shouldn't either my school or myself have physical possession of it?

[Shanghai Noon]

The agency absolutely cannot hold it. They is in possession or something that does not belong to them. This is on par with an employer holding a teacher's passport. If they will not give you the certificate you or your employer can notify SAFEA and they will send some people to the school to get it back.

The agency also cannot cancel your foreign expert certificate. Cancellation requires a letter of resignation or termination from the company whose name is on the FEC plus that company's stamp. If the agency didn't get you the FEC, they can't cancel it.

[smutbagdisco]

[MrWright]

So it seems that canceling a FEC upon completion of a contract is standard practice, right? So I must assume that it won't cancel my residency permit and I will be able to return to China before it's expiration regardless. Correct?

[3701 W.119th]

Hi.

I know how frustrated you must be in your current situation (I'm in the same boat!). I thought getting into China was the hard part, but it's not plain sailing from there.

All I can give you is my own take on it. Maybe others will have different opinions and experiences. TIC.

Your passport has the RP glued in, so this is yours, as long as you hold it. They can't cancel this unless you take your passport with you to the local police station or Foreign Expert Bureau. They can cancel your FEC/Work Permit though, which would mean you can't work for the time being.

Cancelling the FEC upon completion of a contract (whether that be expiry of contract, or sacking, or whatever) is standard practice. Your employer provides a 'cancellation letter' to that effect.

The important letters that you need from your current employer, are the release letter and the recommendation letter. The recommendation letter is fine, but many (as I'm told) won't issue the release letter until you actually finish your contract. I can kind of understand this, but it really makes securing a new job difficult (unless you're working at a uni).

Won't give the release letter until you finish your contract, but by then, your RP might expire that day or the next, or that week. No time to renew your RP. So back to square one, home to apply for a new Z Visa. It's stupid.

This is maybe only an issue for those moving from mills to uni roles.