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Louras
Joined: 24 Nov 2004 Posts: 288
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Posted: Sat Nov 19, 2005 1:21 am Post subject: Getting a new work permit |
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Background: did not renew contract with previous school. They arranged for the work visa/permit which was needed when employed with them. Now they are refusing to part with it. It's valid for another 8 months. I'm at my new school. Work visa in the passport, but work permit with ex-school. New school needs that permit. We're in the same city.
What's the drill for getting a new one? Will the results of my medicals still fly the second time around? The med check was done about 4 months back. New school says something about advertising loss of work permit in papers before applying for a new one. True?
Thanks.
PS: I tried talking nice. Didn't work. |
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tw
Joined: 04 Jun 2005 Posts: 3898
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Posted: Sat Nov 19, 2005 3:00 am Post subject: |
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I am not sure about legal rights. But many if not most employers do hold on to the FEC (the work permit) when the FT leaves them. This is because in their view, they had paid for it to get you teaching legally with them so since you no longer work for them, your new employer has to get you a new work permit to work for the new employer. Besides, they feel that the FT should not be using their investment to work for another employer. Also, many employers fear that should something happens to the FT, the PSB would question them and give them "inconvenience".
You need to get a release letter from youyr former employer stating that you have completed your contract with them so your new employer can get you a new FEC. |
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Louras
Joined: 24 Nov 2004 Posts: 288
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Posted: Sat Nov 19, 2005 3:07 am Post subject: |
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I paid for the work permit/visa entirely. They aren't going to give a letter or anything. They are sore that I opted to work for a competitor. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Sat Nov 19, 2005 3:22 am Post subject: |
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I guess you are one of those who need to learn the hard way. You are not supposed to be job-hopping here. YOur first school is perfectly entitled to prevent you from finding a new employer, and legally, this is entirely in their possibilities.
No, they cannot be forced to give you your work permit.
Your current resident's permit is valid only so long as you work for the same employer. Your new one has to prove to the authorities they are not poaching you from your first employer, and that you are not just an opportunist switiching employments.
Your new school will have to sponsor you legally, including paying for a new medical exam (possible but not necessarily required).
Your former employer can possibly only be mollified and enticed into cooperating if you pay them a penalty as stipulated in your contract.
Then they will need to sign a release letter which must be stamped by the PSB before you can apply for that new position. |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Sat Nov 19, 2005 3:39 am Post subject: |
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Roger wrote: |
I guess you are one of those who need to learn the hard way. You are not supposed to be job-hopping here. YOur first school is perfectly entitled to prevent you from finding a new employer, and legally, this is entirely in their possibilities. |
Roger,
to OP said "Didn't renew the contract." If she finished up the first contract then she is of course entitled to do whatever.
I have never been in this situation, but if I was you I would explain the situation to your new school and ask one of the people there to go with you to get your property from the old school, or at least give them a call about it. Chinese are a little less inclined to rip off other Chinese.
If you paid for it, it's yours isn't it? I'm just guessing. Maybe call the PSB and ask them if that's the case or not. |
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erinyes

Joined: 02 Oct 2005 Posts: 272 Location: GuangDong, GaoZhou
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Posted: Sat Nov 19, 2005 3:40 am Post subject: |
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Roger wrote: |
I guess you are one of those who need to learn the hard way. You are not supposed to be job-hopping here. YOur first school is perfectly entitled to prevent you from finding a new employer, and legally, this is entirely in their possibilities. |
Roger,
to OP said "Didn't renew the contract." If she finished up the first contract then she is of course entitled to do whatever.
I have never been in this situation, but if I was you I would explain the situation to your new school and ask one of the people there to go with you to get your property from the old school, or at least give them a call about it. Chinese are a little less inclined to rip off other Chinese.
If you paid for it, it's yours isn't it? I'm just guessing. Maybe call the PSB and ask them if that's the case or not. |
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tw
Joined: 04 Jun 2005 Posts: 3898
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Posted: Sat Nov 19, 2005 4:02 am Post subject: |
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Louras wrote: |
I paid for the work permit/visa entirely. They aren't going to give a letter or anything. They are sore that I opted to work for a competitor. |
My suggestion is then to contact the PSB and/or the nearest SAFEA branch and ask them to settle this for you. |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Sat Nov 19, 2005 4:05 am Post subject: |
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True, my reply was hasty, but the original post was framed in a somewhat shoddy way too.
What exactly is he or she missing? The work visa? The resident's permit? To my knowledge, you don't get a VSIA any more. What you do get is a resident permit sticker in your passport.
Perhaps the OP arrived on a work visa for a limited period (maybe 3 months), with the expectation of getting it changed into a resident's permit that would be valid for the entire period of employment.
I can not believe his or her first employer applied for a one-year resident's permit and had him sign a 3-motnh contract due to be renewed for another 9 months (or 4 months and 8 months). That would have been disingenous by them - circumventing the legal way to secure a foreign teacher's service for an unbroken period of employment. Why should the OP have signed such a document? Did he/she anticipate he or she was going to leave once his or her school had gotten that resident permit sticker for the OP? That would mean two devils trying to fool each other!
It is hard to believe the OP was hired for 3 or 4 months only! What would his contract say about airfare and other perks?
I don't care to know why the OP wants to change jobs, but surely that is the crux of his or her own situation?
As I said before, the OP cannot avoid responsibility! IT is a fine and some kowtowing to the OP's first employer, no less than that. |
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Louras
Joined: 24 Nov 2004 Posts: 288
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Posted: Sat Nov 19, 2005 4:15 am Post subject: |
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Roger, why should I not job hop? My contract ended. A better deal came up. What is wrong with going for the new one?
Thank you, erinyes, for noting I didn't renew. Old school is mad with new school for taking me on. New school says there was no legal reason stopping them. Old school is not pleased. Hence, the tussle.
I'm more interested in that little red book though. I was under the impression that the new employer's name would be entered in the same book. From what I now understand, new employer = new red book, under normal circumstances. Right? |
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Babala

Joined: 28 Jan 2005 Posts: 1303 Location: Henan
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Posted: Sat Nov 19, 2005 4:24 am Post subject: |
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It's not the FEC you need to worry about. It's the release letter that you need. Without the release your new school can't process your new FEC and visa. |
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Louras
Joined: 24 Nov 2004 Posts: 288
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Posted: Sat Nov 19, 2005 4:30 am Post subject: |
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Roger wrote: |
What exactly is he or she missing? The work visa? The resident's permit? To my knowledge, you don't get a VSIA any more. What you do get is a resident permit sticker in your passport. |
My mistake. Wrong terminology. I have the resident sticker in my passport. Ignorance caused me to think document in passport = visa.
Roger wrote: |
I can not believe his or her first employer applied for a one-year resident's permit and had him sign a 3-motnh contract due to be renewed for another 9 months (or 4 months and 8 months). That would have been disingenous by them - circumventing the legal way to secure a foreign teacher's service for an unbroken period of employment. Why should the OP have signed such a document? Did he/she anticipate he or she was going to leave once his or her school had gotten that resident permit sticker for the OP? That would mean two devils trying to fool each other!
It is hard to believe the OP was hired for 3 or 4 months only! What would his contract say about airfare and other perks?
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I had finished a 1 year contract with them, and the new work visa came into effect shortly before the old contract expired. When applying for the new visa, the new job was nowhere in sight & I needed a visa for the last few months working at the old school.
tw, I guess the local PSB seems to be the only plausible solution at this point.
One more question though, do I ABSOLUTELY need the cancellation letter from old employer? Is it possible to get working on a new permit without it? I feel bad for my new employer as they were harassed with calls from the old employer about hiring me. |
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englishgibson
Joined: 09 Mar 2005 Posts: 4345
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Posted: Sat Nov 19, 2005 4:43 am Post subject: Getting a new work permit |
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tw wrote: |
Louras wrote: |
I paid for the work permit/visa entirely. They aren't going to give a letter or anything. They are sore that I opted to work for a competitor. |
My suggestion is then to contact the PSB and/or the nearest SAFEA branch and ask them to settle this for you. |
That's a fair advise. Yes, your situation is a bit more complicated. I still wonder how you've got to it, since your work permit is valid for that 8 moths period. Usual contracts are for 6 or 12 months and so the work visas go along. Sorry, I do not mean to second-guess you on that one.
Isn't that a bummer that your ex-employer does not want to provide you with the Letter? I'd look into that whether your ex-employer is not legally obligated to do so.
Before teachers who did not have a multiple entry work visas in some provinces they just exited China and when they came back they entered employements with other companies. But that's out of question now in your case I believe given the new work permits enforcement in China.
I really do not want to pass on a bad advice, but if you do not find a way out of this one think about this.
Report your current passport "lost" at your consulate and apply for a new one. Within a week or two after getting a new passport (with new serial number and blank pages in) travel to Honk Kong for an "F" visa (with Letter of Invitation from you new employer) to your new passport and then return. You might be able to apply for a new work permit with your new employer. This is a highly risky one due to the fact that you are in the same city and may be dealing with the same police office. Further more, your name, pic and residency is most likely logged in the police computers there.
Cheers and beers |
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Louras
Joined: 24 Nov 2004 Posts: 288
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Posted: Sat Nov 19, 2005 5:09 am Post subject: Re: Getting a new work permit |
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englishgibson wrote: |
Yes, your situation is a bit more complicated. I still wonder how you've got to it, since your work permit is valid for that 8 moths period. Usual contracts are for 6 or 12 months and so the work visas go along. Sorry, I do not mean to second-guess you on that one.
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More than complicated, there was just too much of animosity from the old employer, which the new one found surprising given that neither I nor the new one had done anything wrong.
The dates don't make much sense because I came in on an L visa, did the HK run for an F one & then, got the Z one. |
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tw
Joined: 04 Jun 2005 Posts: 3898
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Posted: Sat Nov 19, 2005 6:42 am Post subject: |
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Roger wrote: |
True, my reply was hasty, but the original post was framed in a somewhat shoddy way too.
What exactly is he or she missing? The work visa? The resident's permit? To my knowledge, you don't get a VSIA any more. What you do get is a resident permit sticker in your passport. |
Roger, perhaps you should start reading posts more carefully first before making a rather hasty conclusion.
Louras wrote: |
Background: did not renew contract with previous school. They arranged for the work visa/permit which was needed when employed with them. Now they are refusing to part with it. It's valid for another 8 months. I'm at my new school. Work visa in the passport, but work permit with ex-school. New school needs that permit. We're in the same city. |
Louras wrote: |
I'm more interested in that little red book though. I was under the impression that the new employer's name would be entered in the same book. From what I now understand, new employer = new red book, under normal circumstances. Right? |
Without the release letter you can not get a new FEC -- even if you were to go work for another employer in another province. |
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Babala

Joined: 28 Jan 2005 Posts: 1303 Location: Henan
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Posted: Sat Nov 19, 2005 7:36 am Post subject: |
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Ever feel like you're talking to yourself I said the same thing that tw did about 6 posts ago. |
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