Job Discussion Forums

Longer · Joined: 08 Jan 2016 Posts: 28

I'm talking about the regulation they use to make foreign workers move every 5 years (for reasons I still do not understand). I know Hubei and Fujian have it, but what about the other 30 provinces. Does anyone have a link on this? Does anyone know the reason for this stupid law? Imagine finding a GF or BF in another Province where her/his family lives and then having to move to another Province? China has no shortage of dumb laws IMO.

Babala · Joined: 28 Jan 2005 Posts: 1303 Location: Henan

I think it is still selective by city/school. I know of schools in Sichaun and Shandong that enforce it. I was turned down by a university in Shandong for this reason. I applied to two universities in Henan a year ago. One said they couldn't hire me due to the rule but the other (where I currently work) had no issue with it.

SH_Panda · Joined: 31 May 2011 Posts: 455

Shanghai Noon · Joined: 18 Aug 2013 Posts: 589 Location: Shanghai, China

Shanghai doesn't enforce it, but they sometimes require a medical exam after five years.

OhBudPowellWhereArtThou · Joined: 02 Jun 2015 Posts: 1168 Location: Since 2003

I agree with Babala. I actually know of only one school who has imposed a time limit on a foreign teacher. He was given notice after two years. The school said that it was enforcing its own two-year policy. Coincidentally, he was morbidly overweight, a diabetic, and a not-so-good teacher.

He wasn't sent out of the country. The school just didn't renew* its contract.

*Changed to read "renew"

wangdaning · Joined: 22 Jan 2008 Posts: 3154

SH_Panda, don't worry too much. I am approaching 8 years, have a wife and child, also. Was worry in my 6th year, only wife then no child, and my place of employment had alternative methods worked out. I was able to renew my res permit and everything has been fine since. I would guess it is down to how educated in the laws the person processing things is. You could just ask your manager about it and see what they say. If they have no clue, it might be a bad sign, but it might make them look into it.

lionheartuk · Joined: 03 Jun 2005 Posts: 173 Location: Guangdong

I am in Guangdong and have been at the school for 8 years and now into a new contract. I have been married for 9 years to a Chinese woman and have had no problems with the 5 year rule or any rule.

jimpellow · Joined: 12 Oct 2007 Posts: 913

I am not sure how one could tell one to worry or not worry about it. It really seems to depend on where one is located.

Yeah, this law is quite stupid. I have read from informed sources that it stemmed from Chinese labor law. The position would open up again, and possibly a Chinese worker could fill it.

I have also read that it was related to taxation. A foreigner was apparently exempt from income tax if they spent less than five years in the same provence/position. It gets convoluted here, but certainly stupid now as foreigners are generally now liable for income and social tax from day one.

Don't know if a straight answer exists on this one. In terms of dealing with it, a poster on a recent thread stated that the school would redefine the position as a workaround. Good luck!

wangdaning · Joined: 22 Jan 2008 Posts: 3154

SH_Panda · Joined: 31 May 2011 Posts: 455

SH_Panda · Joined: 31 May 2011 Posts: 455

mike w · Posted: Sat Feb 13, 2016 6:24 am Post subject:

I've never come across this rule, but that isn't to say it doesn't exist. Rules, and the way they are applied, or not applied, changes from province to province, and even between cities/towns within the same province. It can be applied today, and treated like it doesn't exist tomorrow. I've heard that some SCHOOLS try to use it to off-load older teachers (apparently younger teachers are more acceptable to Chinese parents, especially in kindy and middle schools).

I have never come across anyone who has been affected by this 'rule'.

It has certainly never affected me during my 18 years here (middle school, high school, university, language mill, corporate) - just coming up to my10th. anniversary in the same job.

NiHaoDaJia · Joined: 07 Aug 2014 Posts: 118

This rule is important and useful even though it may not be enforced everywhere. The reason is that after too many years out of our own country, we may become rusty as to our original language and culture. We still know basics but may no longer be up to date on the latest English usage, patterns, vocabulary and so on. So, after five years in China, it is ideal to go back to our own country to refresh for minimum two years. For example, in my case, I would go back to America for a while. After that period, we may return to China as foreign guests again for a new period of five years.

schwa · Joined: 12 Oct 2003 Posts: 164 Location: yap

spiral78 · Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash