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tw
Joined: 04 Jun 2005
Posts: 3898
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 Posted: Sat Sep 02, 2006 9:09 am Post subject: |
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| no_exit wrote: |
| 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. |
Yeah I know what you are talking about. My current employer sent me a form that was pretty well a reference letter template. I had to get the last college's officials to complete and stamp. One was completed by the FAO and the other part by the English Department's director. |
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Malsol
Joined: 06 Mar 2006
Posts: 1976
Location: Lanzhou
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| Posted: Sun Sep 03, 2006 11:32 pm Post subject: |
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When you complete a contract the employer has a legal obligation to issue a release letter stating that you have completed your contractual obligations and are free to work elsewhere.
When fired, you have not completed your contractual obligations and are not entitled to a release letter. |
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cj750
Joined: 27 Apr 2004
Posts: 3081
Location: Beijing
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| Posted: Mon Sep 04, 2006 2:07 am Post subject: |
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| Quote: |
| When fired, you have not completed your contractual obligations and are not entitled to a release letter |
Not disagreeing with you but where do you get these regulations? |
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englishgibson
Joined: 09 Mar 2005
Posts: 4345
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| Posted: Mon Sep 04, 2006 5:15 am Post subject: |
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| It is the law to provide an employee with a release form/letter of termination/etc upon completion or termination of contract..... |
Yes it is a law and that law obligates employers to provide release forms/letters on the end of employee contracts or in the middle of their contracts if they were terminated. Having said that, we all know how laws work in China, don't we? Then, some employers are willing to provide that letter and some aren't. It's often up to FTs to communicate it well with them.
In OP's case the employer's been "unwilling" due to the nature of OP's termination and the relationship in between that's been damaged there.
FAOs at times can solve those kinds of problems, in my opinion.
Cheers and beers |
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Malsol
Joined: 06 Mar 2006
Posts: 1976
Location: Lanzhou
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| Posted: Mon Sep 04, 2006 5:37 am Post subject: |
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| englishgibson wrote: |
| Quote: |
| It is the law to provide an employee with a release form/letter of termination/etc upon completion or termination of contract..... |
Yes it is a law and that law obligates employers to provide release forms/letters on the end of employee contracts or in the middle of their contracts if they were terminated. Having said that, we all know how laws work in China, don't we? Then, some employers are willing to provide that letter and some aren't. It's often up to FTs to communicate it well with them.
In OP's case the employer's been "unwilling" due to the nature of OP's termination and the relationship in between that's been damaged there.
FAOs at times can solve those kinds of problems, in my opinion.
Cheers and beers |
Can't agree with this.
The release letter states that you have completed all of your obligations and are free to pursue work elsewhere.
If you have not completed all of your obligations such as in the case of being fired then you are not entitled to a release letter. |
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cj750
Joined: 27 Apr 2004
Posts: 3081
Location: Beijing
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| Posted: Mon Sep 04, 2006 6:10 am Post subject: |
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| Quote: |
| Yes it is a law and that law obligates employers to provide release forms/letters on the end of employee contracts or in the middle of their contracts if they were terminated. |
A law...do you have a reference for this..Chinese is ok....any reference will do...
How about a regulation..or a guide line...
As far as I know it is a requirement of the Office of Labor..and I have never seen it addressed anywhere else...i do know that some schools will refuse to give them..and I have been told ..if the school doenst give one..they assume responsibility for that FT..but I have never seen anything in print ...
As to wheither or not the release letter is automatic or the results of good employment..I do not know... |
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HGLTsuperstar
Joined: 07 Aug 2006
Posts: 28
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| Posted: Mon Sep 04, 2006 11:58 am Post subject: |
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| Newbie here, no personal experience, please don't shout just giving my POV. Surely a "release" letter states you are no longer under the contract of that employer, for whatever reason, so you can be employed elsewhere. So even if you're fired, you need proof that you're available for hire. Of course they could add to the letter that they terminated your contract early etc, which might concern future potential schools, but at the end of the day, you should still be due something official in writing. |
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englishgibson
Joined: 09 Mar 2005
Posts: 4345
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| Posted: Sat Oct 07, 2006 4:02 am Post subject: |
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| mike w wrote: |
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| I asked the visa question b/c the school today asked me to bring my passport in tomorrow, to get the visa cancelled. |
I am assuming you have either a Z visa or a Residents Visa, in which case the school cannot cancel your visa! The only way that can happen is if you accompany them to the PSB and sign a document agreeing to the cancellation of your visa. |
Mike, nothing against you, but your wording up there is wrong. If I were you, I'd think twice before I post info on forums that could be rather misleading as in your case.
Those kinda visas are cancelled with Release Letters from employers and they don't even have to be there (at PSB). 
| Quote: |
| If you have not completed all of your obligations such as in the case of being fired then you are not entitled to a release letter. |
Malsol, NO  I was fired and I got the Release Letter. Release Letters usually state that the employers agree to terminations of contracts...if one accomplishes a contract, his/her visa may be about to expire as well..don't you think so  
Anyway,
cheers and beers to all experts in China  |
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