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How can I stop my school from holding my release documents?

 
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MMJ85



Joined: 02 Jun 2018
Posts: 3

PostPosted: Fri Jun 28, 2019 1:10 pm    Post subject: How can I stop my school from holding my release documents? Reply with quote

Hi. I hate being negative, but me and my family are in a terrible situation here in China. We moved to Xilinhot, Inner Mongolia to work for a school with a foreign owner - Intelligent English/Aston. The problem is that we got here and the other foreigners seemed so beaten down and exhausted. They work 7 days a week. The foreign boss promises higher pay, a quiet life, and work visas. But once we got here and were supposed to transfer our work permit cards/residence permits to the schools, we were told the school was running into issues. It took a few weeks, but the other foreigners admitted that they had the same problem. The owner tried to force us into getting a travel visa and letting our work visa and residence permits run out, but I fought him. In the end, I won, but he treated me horribly after that. The other foreigners had to give in in the past, but ended up trapped. They work 7 days a week and if they try to force the boss to give them days off, he says he will call the police on them. We definitely want to leave this school, and have tried to legally and professionally, but he says he'll just cancel our visas completely and never give us the work permit cancellation so we can't have another job in China. We love living in China and have done so legally for years. What can we do? We've tried local agencies, but we're being told that basically in China the boss can get away with it in the end. To fight it in labor arbitration would take a year. They all told us to play dirty and report them to the police for all their illegal activity. Has anyone had a problem like this? Thanks Shocked
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voyagerksa



Joined: 29 Apr 2015
Posts: 139

PostPosted: Fri Jun 28, 2019 2:42 pm    Post subject: Reply with quote

Don't know what to do for you. I applied for that job when it was listed on Dave's. I don't remember if I was given an offer or not. I'm glad it went by, one of the many anglerfish lurking in the ESL industry.
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teenoso



Joined: 18 Sep 2013
Posts: 365
Location: south china

PostPosted: Mon Jul 01, 2019 10:56 am    Post subject: Reply with quote

There is nothing negative about reporting here the unethical or illegal behaviour of an employer.

Have you got any evidence of your boss's actions, that you can show the authorities?
If so , I suggest you get in touch with the local city Foreign Affairs Office. Of course , if you or your colleagues are working illegally on a tourist visa then it's unlikely to end well, but if you have a work visa they should be able to help you . I don't see the advantage of going to the police at this stage.

Good luck.
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Paul Barufaldi



Joined: 09 Apr 2004
Posts: 271
Location: Beijing

PostPosted: Wed Jul 24, 2019 9:09 pm    Post subject: Reply with quote

I think all you can really do it leave China. There is no real recourse for foreign workers. You need to the release letter to change employers and this in turn gives the employer cart blanche to violate contract terms or do anything he pleases with you. The only option, really, is to leave the country. You could appeal to the FEB but then you are tied up with legal fees and living expenses all the while not being legally allowed to work elsewhere and still bound the employer you are taking to litigation, which itself is likely to go nowhere.
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Paul Barufaldi



Joined: 09 Apr 2004
Posts: 271
Location: Beijing

PostPosted: Wed Jul 24, 2019 9:13 pm    Post subject: Reply with quote

It kind of blows my mind that people are still working in China on tourist and student visas in 2019.
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Greg 09



Joined: 30 Jan 2009
Posts: 169

PostPosted: Mon Sep 02, 2019 6:23 am    Post subject: Reply with quote

Kinda points out the importance of doing your due diligence before accepting any job.

Your decision depends on the amount of pain you're willing to submit to. From what you say, you're there legally. Are you getting overtime pay for the extra work? If so, you can bank the money while pursuing the legal course with a lawyer. If not, just leave. But that raises another issue if you want to work in China at another location. No release letter no transfer.

You may be able to go back to your home country and re-apply for a Z Visa for another school.

Before accepting your next job insist on talking to current or former teachers.

Good luck!
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