Job Discussion Forums

Mark Beckman · Posted: Fri May 27, 2005 8:28 am Post subject: Leaving Company, please advise

Due to financial commitments my Wife and I need to leave early and head back home for a bit to sort out some things.

By my contract I have done the appropriate thing and given the required notice (45 days or end of term) to which the company has agreed, all by email.

I have had no problems with the company and go as far to say have had a good working relationship (by Chinese standards).

Is there anything I need to procure/do/sign etc so as when I return to China to recommence work (time period unknown) I dont find that I have had a pineapple inserted to the never regions?

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wonderd · Joined: 06 Jun 2005 Posts: 68 Location: Shanghai, China

What does your contract say the penalty is for breeching it? Whatever it is, you'll probably have to pay it.

tony lee · Joined: 03 Apr 2004 Posts: 79 Location: Australia

If possible, get a letter of recommendation from the company - or even a statement of service - preferably including something about the termination of the contract being amicable.

There should be no breach penalty involved if it is a normal contract and the company has accepted the reason you gave (although financial reasons would not normally come under the ambit of unusual circumstances. Of course you will have to pay your own return fare. I would be inclined to ask for your outward fare to be refunded provided you have worked for at least half the contract period, but they probably are within their rights to not pay because the airfare is regarded as a guarantee that you will complete your contract.

If you intend returning to work for the same company within the dates on your residence permit then to avoid having to give it up you would need to get a re-entry visa before you leave. Problem then would be that the reentry visa does have a limited validity period and you would need to return before it expired.

If you are leaving China and returning after several months to work for a different company then you essentially start again from scratch and your previous history with the present company doesn't have any significance (unless of course you were in the middle of a court case or similar)

The next company you work for will probably want a letter of recommendation from your present company but you could easily explain that away if they didn't give you one.