Job Discussion Forums

KateCee · Joined: 15 Sep 2003 Posts: 72 Location: China....no more.

Two friends of mine will be finishing their 6 month contract at the end of this week and will be heading back to England. They are not sure if they will ever return to China. Is it mandatory for them to get the release letter from their school? The work permit (the little red book) is with the school and they have the work visa stamped in their passport. The visa and permits are vaild until sometime in Aug.

I told them it would be better to get the release letter should they ever decide to come back and work elsewhere. Or even with the same school. What if the Management changes? Am I right? They are in good books with the school, so it won't be a hassle. Thinking ahead, that's all.

Thank you.

Roger · Joined: 19 Jan 2003 Posts: 9138

Whny should they ask for a release letter? Have they resigned from their jobs in due form? Has their employer put up any resistance?

If nall is well then they won't need a release letter; that is a necessity only if they want to be hired by another school right after quitting their first job.
Of course, they must not come back to China looking for a job on their old work visas/residence permits. These must expire first!

KateCee · Joined: 15 Sep 2003 Posts: 72 Location: China....no more.

Everything is fine. They're completing their contract. The school is OK, too. I thought it was standard procedure to get the release letter irrespective of whether they were planning to return or not. I was clearly wrong in thinking so.

Thank you, Roger.

Plan B · Joined: 11 Jan 2005 Posts: 266 Location: Shenzhen

Spiderman Too · Posted: Mon Feb 27, 2006 10:52 am Post subject:

Plan B

Currently there are 2 documents for an F.T.; a Foreigner Residence Permit (FRP) which is affixed in your passport and kind of looks like a visa, and a Foreign Experts Certificate, (FEC) which is a little red booklet.

Regardless of what any other comments are made, I can tell you, as certain fact, that here in Guangdong province:-

- An employer cannot cancel an FRP under any circumstances

- An employer can cancel your FEC if you leave their employ AND the FEC is in their possession

- An employer cannot cancel your FEC if they do not have the original

- If you want to leave your employer and join another school in the same province BEFORE your FEC expires you MUST give your FEC to your new employer. Without the original FEC your new employer cannot transfer the FEC or obtain a new one for you

- If your go to another school AND you have your original FEC, you do not need a release letter; your FEC will be transferred to your new employer without reference to your old employer

I do not know for certain what happens if you join a new school in a different province.

If you have an unexpired FRP and an unexpired FEC and you want to join a new school but the FEC is in your old school�s possession, you can leave China and obtain a new �Z� visa (provided your new employer has given you the correct �sponsor� documents), return to China and get a new (fresh) FRP and FEC.

I do not know for certain whether you can obtain a new �L� tourist visa or an �F� business visa with an unexpired FRP in your passport.

clomper · Joined: 07 Oct 2003 Posts: 251 Location: Beijing

I'll be going to an interview with a market research company in BJ by the end of next month and if it works out, I will be leaving my current school. Will I need a release letter from them so that I can work for this company??

I know I should hand back my FEC. What about the FRP? Can I still use it and have the new company reapply for it when it's about to expire? My current FRP will expire on June 26, 2006.

Claudine

7969 · Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong

clark.w.griswald · Joined: 06 Dec 2004 Posts: 2056

Spiderman Too thanks for the post. I think that you have made a muddy issue very clear. Of course differences may be found between provinces but hopefully much of what you posted here could be found to be the case elsewhere.

I do have a couple of questions though.

clomper · Joined: 07 Oct 2003 Posts: 251 Location: Beijing

Ok.. so start all over again. Does that mean that I have to exit the country and have my FRP cancelled and then enter China again with a Z visa?? Can't I do it without exiting the country?? Also, will I need the release letter??

Spiderman Too · Posted: Wed Mar 01, 2006 11:02 am Post subject:

Spiderman Too · Posted: Wed Mar 01, 2006 11:24 am Post subject:

An afterthought:-

The person in question was advised by former colleagues that, prior to September 2005 (the start of the new school year) the old school had allowed teachers to hang on to their F.E.C.s. This ties in with Plan B's info.

Maybe there has been an official change in procedures regarding the transfer of F.E.C.s which schools have been made aware of but have not passed on to teachers?

In any event, the only thing the authorities seemed to be interested in was the F.E.C. and everything boiled down to: if you can give your F.E.C. to your new employer it will be transferred.

mondrian · Posted: Thu Mar 02, 2006 2:01 pm Post subject:

As regards the validity of the FEC on job transfer. You will need the appropriate FEC for that job, and it is not always a simple transfer. It may need changing into one belonging to another "group". Most of us belong to the "teachers" group; but another which is often used is the "economics expert" group.
For some strange reason a former University employer of mine arranged for me to be put into the latter. When I transferred to teaching in another University and gave in my old FEC for transfer, I was questioned by the FEC Department officials who came to my new place of work (a four hour train journey for them!) and they told me what I had been using was illegal! My old employer, I gather, was subsequently fined a considerable sum of money. I ask myself the question: what actually happened when I was originally employed as a teacher?