Job Discussion Forums

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

depending on how long you want to stay in China and if you can keep the visa/rp..working free lance on the existing one will require no release leter...
I have worked on one school's visa for almost 7 months and then went back and negociated a release leter with newly hired office staff.

Steppenwolf · Joined: 30 Jul 2006 Posts: 1769

If I understand you well, you have been in China just under one month; a work visa these days is valid for the first 30 days after which period it has to be replaced by a resident's permit sticker. Apparently you have been fired during the "trial period" - which may not have been mentioned in your contract. Probationary periods are not uncommon, though.

Anyway, there is a likelihood your employer wasn't going to comply with legal requirements that specify that you must get a resident's permit within the first month.

You can probably do very little about it; I wouldn't hand over my passport for cancelling the work visa because it expires soon enough, doesn't it?

In my opinion, the best for you is to go to Hong Kong and apply for a tourist visa or business visa; to obtain those visas they would have to cancel your unexpired work visa.

I don't know whether you can get a new job soon enough because without a release letter your hopes may look somewhat dim.

But I wouldn't advise you to work illegally either.

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

The OP wrote:

Calories · Joined: 17 Jun 2005 Posts: 361 Location: Chinese Food Hell

Learn to read he said 4 and a half months!

no_exit · Joined: 12 Oct 2004 Posts: 565 Location: Kunming

I wouldn't have taught the kindergarten class either. 2 hours is not enough notice at all.

Taking the kids out to the supermarket was cool of you. In all honestly, you probably should have told the school first, and gotten permission from their parents if they were minors (you said young teenagers, right?). The school is probably worried about the parents, and possible liability if anything were to happen outside the school.

Overall though, I think it just came down to you being too hard to control, heh. Schools like this usually like someone they can count on to do whatever they say, without question.

As for your visa, if you refuse to give it up, you can expect the school to give you crap. If you keep your visa and residence permit without the school's permission, the school might refuse you the release letter. Tit for tat. If they won't issue a release letter you'll have to go to Hong Kong and change your visa anyhow. It might be easier in the long run just to take the tourist visa they're offering you. If you have to go to Hong Kong for your new job, try to find an employer that will pay at least part of your travel expenses and have a vacation. Confused

btwninchinatwn · Joined: 02 Aug 2006 Posts: 5

Ok, I have just been to the visa office, and the school will apply for a release of my visa. The guy said if I find work within a short period I can change the details of my visa for the new school.
When I said young teenagers, I meant younger students, they are actually 19 and 20, a typo on my behalf....
I really cant be bothered fighting with the school, they have lost a good teacher so more fool them...
someone show me the light!! Laughing

Tezcatlipoca · Joined: 17 Jul 2006 Posts: 1214

I know the feeling on the age thing...

I'm only 24 and have been teaching students between 15 and 40 for the past three months, yet I refer to them all as "my kids".

It's that teacher instinct.

tw · Joined: 04 Jun 2005 Posts: 3898

btwninchinatwn · Joined: 02 Aug 2006 Posts: 5

W.V. Orman · Joined: 05 Jul 2005 Posts: 69

brsmith15 · Joined: 12 May 2003 Posts: 1142 Location: New Hampshire USA

OP....it was 5 and 6 that did you in. Any type of refusal here will cause immense loss of face on the part of the (Chinese, I assume.) requester. Chinese have no sense of time or timing, so 2 minutes, 2 hours, 2 days is all the same to them. Heck, just look at the way they time their TV programs. A spot may begin at 8:07:43 and end at 9:23:15.

englishgibson · Joined: 09 Mar 2005 Posts: 4345

Yes, 5 and 6 did you OP and I'd agree with Brsmith on that one.

OP, that release letter from your "vicious employer" that's fired you is the best you can do. He/she is actually obliged to provide you with a release letter. If he/she objects you might wanna take it up with the foreign affairs office. Working under the permit that your "vicious employer" has arranged for you is a RISK.

Now, we shall be careful about what we are signing if it comes to contracts. Chinese love that "flexibility" in. Be aware! If you do not wish to teach little kids, have it in your contract....teaching the little ones requires a special training. If you do not wish to have your schedules adjusted and be assigned classes on a short notice, have it in your contract too. Having your employer's disagreement with such clauses in your contract prior to your commencement of it might give you an idea what to expect later. Wink

OP, good luck to ya and keep us posted for the sake of all.

Cheers and beers Very Happy

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

BlakeS · Joined: 07 Aug 2006 Posts: 87 Location: Xian

Just to back-up what cj is saying:

It is the law to provide an employee with a release form/letter of termination/etc upon completion or termination of contract.

Like he says - this does not mean they WILL. The law we take for granted in western culture does not apply in China. In most countries, the law is the law and if it is not followed then penelties are issued. Here, the law is the law and if it's not followed, no one noticed or those that notice are paid not to.

It's my only real "peeve" about China. Otherwise, I love this country. It is a huge problem that almost all problems go untended and important laws continue to be broken without regard - but I don't see an end to these proceedings in our lifetimes.

Roll with the punches.

no_exit · Joined: 12 Oct 2004 Posts: 565 Location: Kunming

When I left my last job, and got my new residence permit, I actually had to supply not only a release letter, but a letter of reference. While they may be required by law to provide the release letter (which they could still choose not to do if they don't particularly want to -- who is going to force them?), they're not required to provide a letter of reference. This letter had to be translated into Chinese and had to state that I was a satisfactory teacher! I know regulations differ from province to province, and school to school, but watch out for this requirement too.