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nighthawk
Joined: 12 Feb 2003 Posts: 60 Location: USA
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Posted: Fri Aug 13, 2004 12:39 am Post subject: Letter of Release |
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I�ve heard conflicting things about a letter of release in China. I posted about the letter of release in the General Asia Forum. In one person's response, she said that she needed one when she moved from southern to northern China. This concerns me. Can anyone give me a definitive answer? Is a letter of release required to change jobs in China? Can a teacher just quit a bad employer and start working for a better one? Do you have to leave the country? Basically what I'm asking is what happens if you find out that your employer is a scumbag and you want out? What are your options then?
Also, how common is it to work in China illegally? How much do you get fined if you get caught working illegally? How long do they prohibit you from reentering the country if you get caught working illegally? Thank you. |
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cheekygal

Joined: 04 Mar 2003 Posts: 1987 Location: China, Zhuhai
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Posted: Fri Aug 13, 2004 6:50 am Post subject: |
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you might want to check General Forum for Asia |
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struelle
Joined: 16 May 2003 Posts: 2372 Location: Shanghai
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Posted: Fri Aug 13, 2004 8:01 am Post subject: Re: Letter of Release |
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These questions have been asked repeatedly. Check the archives for details. But generally speaking:
- You need a release letter to change schools if you do so before the expiry date in your contract, which is the same date your green book expires.
- If you complete your contract and change schools without leaving China, you also need a letter from your employer. But this isn't a release letter, it's a 'proof letter' (真明) that you finished your contract in good standing.
- As for working illegally, my advice is don't. Although I can't stand the bureaucracy involved in work visas, stamps, release letters, and the like, it is still better to play by the rules.
Now this just in.
My colleague is applying to work full time at our school. He finished a contract at another school recently. He tells me he needs the aformentioned 'proof letter' AND an exit stamp in his visa / green book from the local PSB to confirm successful completion of the contract.
This sounds quite strange, and we need the help of Roger to sort it out
Steve |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Fri Aug 13, 2004 8:41 am Post subject: |
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Struelle said it clearly. I repeat:
- Your employer is legally bound to sponsor you while you are in the country; he or she registers you with the authorities (PSB, for instance). THis is why you can't just switch jobs!
- Unfortunately, you have no legal handle against employers that abuse you. If you are lucky, you can get a release letter and walk away, hopefully to a new job. IF your former employer refuses you can't make him budge. The release letter also has to be stamped by the PSB in the place where your former employer works. So, if you don't get it you have to come to China on a new visa, and it would be good the new employer will not see your old work visa.
Working illegally in China... nothing to add. It's a gamble, man! If caught the Chinese won't pay for your deportation! |
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Lee_Odden

Joined: 22 Apr 2004 Posts: 172
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Posted: Fri Aug 13, 2004 9:33 am Post subject: |
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I think if a school wants you badly enough, they can find a work-around.
I had put up with horrid conditions for several months at another school and my requests to be released were denied, even after offering compensationm so I decided to pull a "runner".
I applied to a couple of new schools and was honest about what was going on there.
One school turned me down because I would not have the letter of release. Another school found some way to work it out in about 4 days. And yes I am here legally. |
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Voldermort

Joined: 14 Apr 2004 Posts: 597
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Posted: Fri Aug 13, 2004 9:55 am Post subject: |
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I would be very interested in hearing about this work-around you mention Lee_Odden. I am in a similar sort of position at the moment, so any advice and tales of woe would be a great benefit. |
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Lee_Odden

Joined: 22 Apr 2004 Posts: 172
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Posted: Fri Aug 13, 2004 2:37 pm Post subject: |
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I don't know if this made any difference or not but I was able to provide an official letter of recommendation from another school I had worked at (on the side) as well as an "unofficial" letter of recommendation from a former headmaster who had worked at the main school. So, they did have 2 letters of recommendation, one on official letterhead (but not from the school that had sponsored my work permit). My guess is they have some powerful guanxi with the PSB or they simply figured out a way to use the other official letter that I had. Who knows?
Sorry I can't be more helpful but I decided not to ask too many questions. I was just grateful to get out of the hell-hole I was in. |
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nighthawk
Joined: 12 Feb 2003 Posts: 60 Location: USA
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Posted: Sat Aug 14, 2004 2:24 am Post subject: Thanks but I still have questions |
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Thank you all for the replies. I have to apologize because I�m still a little confused about what you just posted, so I have some more questions: (I'm having a different time organizing the answers to all of my different questions, so I've separated my questions into 5 parts. Please answer them according to each part to help me keep it all straight.)
1) If I were working in China and I was unhappy with my employer, then could I just go to another province (without leaving the country) and not have to worry about a proof-that-I-finished-my-contract-in-good-standing letter?
2) If I were working in China and was unhappy with my employer, then could I just pull a runner and come back into the same city in China and not have to worry about a proof-that-I-finished-my-contract-in-good-standing letter?
3) If I pulled a runner, then would there be a set time period I would have to wait before reentering the country?
4) I�m in South Korea right now. If I pull a runner here, then I have to wait until my visa from the employer I�m running from expires before I can reenter the country and look for new work. Is the case in China the same in this respect? If it is, then would I still need the proof-that-I-finished-my-contract-in-good-standing letter before I could get another job teaching English in China? Would I need it if I came back into China, but I came back into a different province in China than the one I had taught in before?
5) If I pulled a runner and came back in the next day or once my work visa from my old employer had expired, then would I be coming back into China on a tourist visa? What if I had found another employer who was willing to sponsor me? Could I come back in on a work visa?
Thank you. |
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struelle
Joined: 16 May 2003 Posts: 2372 Location: Shanghai
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Posted: Sun Aug 15, 2004 5:07 am Post subject: Re: Thanks but I still have questions |
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Quote: |
1) If I were working in China and I was unhappy with my employer, then could I just go to another province (without leaving the country) and not have to worry about a proof-that-I-finished-my-contract-in-good-standing letter? |
That depends if you break your contract or not. As I wrote earlier, the 'proof letter' is only needed after a contract is finished. So if you're unhappy and stick a contract out, good on you, but you still need the letter! But only if you're switching schools in the same province, if not, you don't need a letter.
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2) If I were working in China and was unhappy with my employer, then could I just pull a runner and come back into the same city in China and not have to worry about a proof-that-I-finished-my-contract-in-good-standing letter?
3) If I pulled a runner, then would there be a set time period I would have to wait before reentering the country? |
Technically you could get a new tourist visa right away, but I'm not sure about later re-applying for a work visa. I've heard you still need the release letter IF you re-apply in the same province you worked in last.
Generally, my advice is not to do a midnight run unless conditions are unbearable and you've tried all other options first. I came very, very, close to doing one last April but decided to stick my contract out.
I'm glad I did, as I was able to change schools very easily to a place now where I'm making twice as much money as my old place. I was quite unhappy with my old employers and definitely didn't want to work for them again, but kept my mouth shut about this. Nor did I mention ANYTHING about my plans to change schools. So long as the face was saved, I was able to get the hell out of there.
And some sweet revenge: About a week ago, I discovered some spare keys to my old office and flat while cleaning my new apartment. If I feel like surfing the net or going back to the school and hanging out, well ...
Steve |
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nighthawk
Joined: 12 Feb 2003 Posts: 60 Location: USA
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Posted: Sun Aug 15, 2004 6:48 am Post subject: Thanks again |
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Thanks, especially to struelle and Roger. I think I get it now.  |
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