Job Discussion Forums

[Teaque]

I have been working at my current school for 2 years. For the 1st year and 1/2, I was contracted out by an agent. When my last contract was up, I signed on with my school directly. My school nor I have a legal binding to the agent, but they have my work permit which was processed while my last contract was in effect. Now, I know the correct thing for the agent to do is to return my work permit to me or give me a release letter so that my school can register me as their employee. But because the agent has lost on their middleman fee, they are refusing to return my permit.

To make matters worse, my school is timid as they have recently begun hiring FTs and they are scared to get in the middle. They keep telling me to ask the agent for the permit when they know that the agent is not acknowledging my calls nor e-mails.

I would like to know if there is a provision for foreigners to be able to file a complaint with the local PSB. I have no problem going to the office on my own and filing a complaint. I have all the documents necessary - the old contract which shows the expiry date and the e-mails between the agent & I, where in they've even told me to seek alternate employment if I don't find their clauses satisfactory. By saying that, they thought I'd buckle under & re-sign. They never expected my school to hire me directly.

I don't speak more than basic Chinese. Certainly not enough to work on this on my own. I'm getting tired and frustrated with my school's fear to tackle this issue.

Now before you go on & tell me to quit & find another place, there are several reasons I've stayed put for 2 years: the work, the students, the staff, living conditions. Everything is very good. The only snag is the Head of the English Dept who is unwilling, I'd even say he strikes me as scared, to speak to the agent. No idea why.

Are there fees involved when one files a complaint with the PSB?

My Internet connection at home is erratic at the moment owing to the rains. My responses to queries, if any, might be delayed.

Any other tips/suggestions are welcome.

Thank you.

[clark.w.griswald]

My understanding of your situation is that you went through an agent who introduced you to a school that you liked so you signed up. You and the school have now cut the agent out of the deal by signing an agreement directly.

I know that I will likely come into a degree of criticism for my comments, but personally I believe that you are in the wrong. Whether or not you sign a piece of paper that prevents you from dealing directly with the school that the agent introduces you to, I believe that there is an understanding that you won�t do this. If you want to deal through an agent then you choose to do this. If you want to deal direct with schools then you do that. But you can�t in good conscience expect the agent to introduce you to schools and then believe that it is okay for you to just deal direct. I understand that this is your second year and I also understand any suggestion that it would be easy money for the recruiter if you sign on for a second year, but then I believe that the fact that you are happy with your school indicates that the recruiter has done a good job in finding you a good school and that is afterall what they get paid for.

I state the above as I have a feeling that when push comes to shove that this is what the recruiter would use against you and I believe that the authorities would accept this.

Having said this I believe that if you want to pursue the matter then the PSB should be your first point of contact. You should first ensure however that you are totally legal at present as involving the PSB could be to your detriment if your paperwork is not in order.

In dealing with the PSB I recommend that you:

1. Be aware that they are unlikely to offer you any assistance that you don�t directly ask for;
2. Prepare all relevant paperwork that may be required;
3. Research what you believe to be your point in involving the PSB;
4. Be polite, well tempered but firm, and that you persevere;
5. Be willing to make a number of visits as your complaint makes its way up the chain of command.
6. Finally, come back and let us all know how you went and pass on any advice that you may have for others who find themselves in a similar situation in the future

[Midlothian Mapleheart]

Edited to remove offensive content.

Middy

[woza17]

I totally agree with clark on this issue. What would usually happen, is, if the school wants to hire you directly then the school would pay a finders fee. It may be a way for you to resolve the problem with your agent I have worked for schools through my company and have been approached to work directly for them. I refused and also told my boss about it.

[Roger]

Murky,really murky!

First of all: what kind of "agent" is that? Does it have a licence to hire FTs???
If so, then they surely must be atraining centre or a school. Only that situation is acceptable as an explanation for your worries!
Do you happen to have a legal residence permit in your passport?

You owe allegiance to your employer - in this case my understanding is that your 'agent' is your employer.

Does your current school that wants to hire you on their own terms have the licence to hire you? I doubt it since they had to resort to the use of a go-between to get you on their staff.
As I see it, you have - wittingly or unwittingly - given yourself into the hands of a rogue business and been partners with them so long as it suited you. Bailing out comes at a price - either you quit and disappear, or you pay a ransom!

[7969]

as far as i can see (and i worked for an agent in taiwan) all ties with that agent should have been severed at the same time. including the returning of any paperwork in their possession that you might need in future.

either you have to get it on your own, or the school has to back you up a bit and get it for you (from the agent). i would try it on my own first, even hanging out where i might find this agent until they showed up. surely you can find them or their office. if that didnt work, then let your school know that if they dont get it for you, you will not be able to stay. they're in a better position than you are to recover the work permit.

7969

[latefordinner]

Roger:

[Spiderman Too]

I suspect that the type of �agent� Teaque is referring to is, in fact, an �education company� that employs teachers and then subcontracts them out to schools. This practice is not altogether uncommon in China (especially for schools that have applied for but have not yet received permission to employ foreigners; apparently it can take up to 1 year for schools to be issued with the permit) notwithstanding that the F.E.C. allows employment only at the premises of the named employer.

Anyway Teaque, I assume that your �new� school now has permission to employ foreigners (and probably didn�t when you were being supplied to them by the agent). If so, your only option is to obtain �Z� visa sponsorship documents from your new school, go to Hong Kong or Bangkok and obtain a new visa and upon your return your new school can get you a new F.R.P. and F.E.C..

I will offer anyone on this forum odds of 10,000 to 1 that the PSB will not order the agent to give Teaque the F.E.C., if, in fact, the agent has not already cancelled it (which they can do).