Job Discussion Forums

Photograffiti · Joined: 04 Nov 2004 Posts: 10

Hey there,

I am really sorry, as I am quite sure that this topic has been covered before, but I spent an hour searching through the forum, and still couldn't find the right answer... So here is the question.

I am really desperate to get out of this school that I am teaching at, but I need to do it the "legal"way, because my headmaster seems to have a lot of police connections. I am six months into my second year with the school, although my contract says that I should be staying until June 2005. I currently have a z visa, and a residency permit which is good until the end of this year. I am probably not going to be leaving until february, so I will have a new residency permit for next year (2005) by that time. If I leave the school, I heard that I needed to have my employer sign a release form for my work visa. I know that there is no way he would do that. I also want to stay in china for another year, and move up to beijing, to work at a school there. So how do I go about the whole process. Will my residency permit be cancelled as well as my visa if I leave the school? How do I leave the school if they are totally unwilling to cooperate with me?

If you know that this topic has been covered before, just put in a link to the post so that I can take a look.

Thanks alot

quanxie · Joined: 11 Feb 2004 Posts: 91 Location: The Sticks

The "legal route" is to get a letter of recommendation/release from
your current employer and then have the local Police put an exit stamp in
your residency permit. Then proceed to your new local and get a new address put in the residency book.

Legalism verses Moralism is an age old debate, but you are the best judge and jury of your situation. As you stated you know that he won't give you a letter of recommendation/release. If this is true and you feel that you can not meet the legal obligation of the contract you signed, then your best option is to pull a "midnight run". Find a new job in the area of your choice and don't mention the old employer. You can take the paperwork they give and go to Hongkong to get a new visa issued. As long as you keep the residency permit and it is not outdated you are free to leave the country and get a new visa issued in Hongkong...

Good luck with your decision,
Phil

latefordinner · Joined: 19 Aug 2003 Posts: 973

I very much dislike Quanxie's advice, but I can't find fault with it. Let's face it, the law here does not exist to protect all parties; it exists to further the interests of those with power and connections, and as an impediment to those without. It's an ugly fact of life in China. Jump ship, fly to a friendly port, and only then come back to China. Better luck next time.

lagerlout2006 · Joined: 17 Sep 2003 Posts: 985

Am I missing something? Why not just give notice as per the contract ?

Mine says "Party A (me) gives Party B two months notice of intention to leave." That's it---no penalties no strings attached. You say you aren't leaving until Feb anyway. Plenty of notice.

Roger · Joined: 19 Jan 2003 Posts: 9138

The OP has wisely accepted the advice I gave him in another thread; it's ueseless to point him to legal doors such as "serve notice" because once you feel you and your employer don't see things eye to eye you had better stick it out to the bitter end. The advantage of signing a one-year contract is that you don't need to officially quit. Once he is done with his current job he has a moral right to that release letter - though he will find it difficult to legally enforce his right. He will have to be smart or diplomatic.
Anyway, he may still be under the false supposition that he can switch jobs and go on working elsewhere using his current work visa and residence permit. Both these documents are onlyh valid so long as he works for his current sponsor.
BUt with a release letter stamped by the PSB he will find a new job legally.

mr pink · Joined: 12 Jul 2003 Posts: 53 Location: China

The point is getting that next job. Be up front with potential schools if you have to. Explain your situation to a school that wants you, and they will probably be willing to work with you.

If you can't find a school that is willing to work with your situation, then what are you quitting for? What exactly are you going toward if not technical problems that you may not be able to resolve? Because as it is, the only one who knows what is legal is the next school down the road...they're the ones who will clean the slate.

Just some things to consider.