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signing contract and foreign expert permit before job offer

 
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nomadykaty



Joined: 03 May 2004
Posts: 60

PostPosted: Sat May 12, 2007 5:49 am    Post subject: signing contract and foreign expert permit before job offer Reply with quote

Is it common or usual for a university in China to have a perspective candidate sign a contract and complete the paper work for the foreign experts working permit application form before being offered a position?

Thanks
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Sat May 12, 2007 8:09 am    Post subject: Reply with quote

That basically IS the job offer. If they intend to get your certificate processed, then the job is now yours. Of course, don't send them the documents or your passport until YOU have decided that you want the job. Once you give them the documents (and passport) and you're processed for your certificate and resident permit you are now legally theirs.
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nomadykaty



Joined: 03 May 2004
Posts: 60

PostPosted: Sat May 12, 2007 9:09 am    Post subject: Reply with quote

Thanks lostinasia, that's what I though too.

But after further contact with the university to confirm if this was indeed an offer, they said no. They hadn't made a decision yet.

So I'm just curious if this is standard practice or not. Thanks again
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Sat May 12, 2007 9:16 am    Post subject: Reply with quote

I wouldn't say it's the usual process if they are not actually offering you the job. If they admit they have not decided to hire you but want you to sign the contract and give them "everything" I'd be hesitant to do so. I know (and I'm sure others do) that some teachers have indeed done all the paperwork but then when they tried to get a job elsewhere they then find out that they are legally employed with the "other school" and then pay the school ridiculous sums of money to be legally released - thus to work at the job you actually accepted ... it does happen.

Be sure they are actually hiring your, otherwise I would not give them such committing documents
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tw



Joined: 04 Jun 2005
Posts: 3898

PostPosted: Sat May 12, 2007 11:51 am    Post subject: Re: signing contract and foreign expert permit before job of Reply with quote

nomadykaty wrote:
Is it common or usual for a university in China to have a perspective candidate sign a contract and complete the paper work for the foreign experts working permit application form before being offered a position?


You sign the contract to show commitment. However, contracts signed outside of China have no legal binding unless it's the SAFEA contract and even that needs to be given the red chop. The signed (sample) contract is used to show the authorities that you both parties have reached a mutual agreement so the paperwork needed for Z visa can be processed.
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Gregor



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

PostPosted: Sun May 13, 2007 12:26 am    Post subject: Reply with quote

tw wrote:
Quote:
You sign the contract to show commitment. However, contracts signed outside of China have no legal binding unless it's the SAFEA contract and even that needs to be given the red chop. The signed (sample) contract is used to show the authorities that you both parties have reached a mutual agreement so the paperwork needed for Z visa can be processed.

Umm...
I wouldn't do that. Don't sign the contract until you get there. If you're getting the Z visa before you go to the country (which you will probably have to do), they will send you the job offer and a couple other papers and you take that to a visa service or the Chinese consulate or Embassy, and they'll issue the Z visa.
If you sign the contract before you even get there (at least, a SAFETA contract), you are theirs, and you're stuck.
Do NOT turn your passport over to them for any great length of time. They'll need it to sort out your medical check and your Residence Permit once you get there, but make sure you get it back in a few days. The residence permit is in the passport these days - it's not a seperate document anymore.
If the school refuses to turn your passport back over to you, go to the police (the PSB, in particular). They cannot keep your passport, and in fact you (theoretically) have to be able to produce it to show the Residence Permit from time to time, like when you want to go on vacation and get a hotel room or get on a plane.
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