Job Discussion Forums

vikdk · Joined: 25 Jun 2003 Posts: 1676

oh Clark you now ready to state that working for EF is bad idea since they state on their internet site that you could be working up to 9 months on a F visa Twisted Evil

cj750 · Joined: 27 Apr 2004 Posts: 3081 Location: Beijing

MrDaWei · Joined: 11 Jan 2006 Posts: 6

Now I don't want to start a moral debate about when it's okay to break your contract and leave your job or not; I'm just looking for some practical advice or expertise. I've been unable to find it on the threads about contracts (which have become impenetrably cluttered with rants and personal arguments - to the newbie looking for help anyway) and I hope this is the right place. If it is not, then I would be grateful if someone might point me in the right direction.

Whatever my reasons, I am considering leaving my post in Yunnan after having finished just half of my one-year contract. My contract makes no stipulation concerning a breach by either party and I assume was written rather hastily by someone in the office without much legal knowledge. All I would like to know is that is it then possible for me to get another job offering a six month contract somewhere else, another province say, even if my previous employer is unhappy with me? I heard talk of a release statement or a stamp in my foreign expert certificate? I have another potential employer who told me this would be no trouble but you can understand my desire to check it with this valuable online community first. So I would appreciate it if someone could tell me what I would need to do and what I would need from my employer, and if it is possible for my employer to prevent my future employment on the grounds of my breach or their simple annoyance with me.

Apologies again if this is in the wrong thread or if I've missed the information elsewhere.

Regards,

Mr David.

nappyni · Joined: 12 Jul 2005 Posts: 9

Hi Mr. DaWei,
Of course its possible for you to get another job, there are 6 month contracts everywhere, just make sure you have a valid visa, any visa, to be in china. Technically if they gave you the foreign expert certificate, i think they can revoke it or flag it. Just make sure you don't give them your passport, ever. There is no breach stipulation in your contract, you are free to go and get a new job. If it was that bad, and you're boss may say somthing bad about you, don't list your boss as a refernce. And if a job your looking at asks about it, simply explain. i hope this was helpful. Just curious, why do you want to leave?

Gregor · Joined: 06 Jan 2005 Posts: 842 Location: Jakarta, Indonesia

nappyni, and anyone else who wants to break a contract:
This depends a little on whether the contract and expert certificate and so on are registered with the PSB or whatever,
But if you finish a job (breaking contract or FINISHING contract, neither is the issue with what I'm saying), you have to get a signed and stamped letter of release from your previous employer before you can get a new job.
Will the new employer hire you without that? Will he/she pay you under the table and allow you to work illegally? I don't know. Go ahead and risk it if you want.
But remember, if you DO risk it, you MIGHT (or might not, but I have always found that) the job is closely connected to the expert certificate is closely connected to the visa. If one of those dominoes should happen to fall, the whole structure is as likely as not to crash down on your head and you'll then be left unemployable in China.

Are there ways around this? Not legally. But I don't know. I just thought I should make mention of it, for those newbies out there.

Roger · Joined: 19 Jan 2003 Posts: 9138

If that contract was so sloppily drawn up as to contain no breach penalty I guess that ;poster is not in a legal job. What kind of visa does he or she have?
Without a release letter it would be doubtful!

MrDaWei · Joined: 11 Jan 2006 Posts: 6

Thank you for the prompt replies and the lack of moral rebuke.

I am in a perfectly legal job and have my residence permit and my foreign experts certificate containing details of my employer and my address. This was registered with the local authority.

The contract is perhaps sloppy due to its mediocre translation into English. I assume there may well be some stipulation in a Chinese contract somewhere but I only signed the English version I was given.

Regardless, should I ask to terminate my contract and pay any penalty I may well face (again for whatever reasons), all I would then need to do would be relinquish my FEC and obtain a stamped release letter and then I'm free to get employment elsewhere?

Sounds straightforward enough. Anyone envision any problems?

nappyni · Joined: 12 Jul 2005 Posts: 9

you could do it that way, but if you're not working for them , they do have the legal right to revoke your residence permit too, then you would be illegally in china. I say get a tourist visa first or find another job that will give you a work permit, or whatever, before you quit, just to be on the safe side.

MrDaWei · Joined: 11 Jan 2006 Posts: 6

Thank you for your comments and advice.

I suppose this is my main question: does anyone know for sure if getting a new employer requires me to get a new residence permit as well as a new foreign expert certificate? This would mean going to Beijing and doing everything over again with a tourist visa?

If this is the case I imagine I'm staying put and enduring another semester here.

thepreferrednomenclature · Joined: 13 Jul 2005 Posts: 80 Location: Beijing, Chaoyang

MrDaWei,

Your best bet is to line up the new job you want and then ask your new employer their advice on the subject. Tell them your situation. Strictly speaking, you will definately have to be registered with the local authorities, in some capacity, wherever you live. Your new school will most likely have to change your documents.

You won't be starting over with a tourist visa, though, and I doubt you'll need to come to Beijing, although it is a great place to work!

If your new employer can legally employ foreign teachers, this will be a big help and it will mean they already have experience with the Z visa process. Ask them straight up if they can help.

MrDaWei · Joined: 11 Jan 2006 Posts: 6

Thanks for the confirmation. As interesting as Beijing is I can certainly do without having to make the trip from Yunnan.

Perhaps if others are interested I can tell you that the other positions I've applied for have told me that all I need is a letter of recommendation from my current university before I go. They specifically told me I do not require a release letter or any other evidence from my current employer, just the recommendation. I fortunately obatined one before I told them I'm going to break the contract though I admit it is rather underhand of me to use this now. I informed my new employer of the situation anyway and they don't seem put off. I also require to take the medical examination again but I rather enjoy that anyway.

I shall post again when (or if) I'm set up in my new position with all the necessary legalities taken care of.

See you on the other side.