Job Discussion Forums

Bounder · Joined: 06 Apr 2005 Posts: 21 Location: Nanjing, China

I'm leaving my contract early however I'm doing it properly by giving
30 days notice and otherwise abiding by the language of the contract.
I have another teaching job lined-up in another city. My residence visa
is going to expire on July 7 in any case. The school does not want me to leave and apparently the students would also like me to stay.

The boss here says that because I m leaving my contract early, that it must be converted to to a tourist visa. I've been in China now for 3 years
and have not heard of this but I m no expert on the matter. BTW, I'm employed with a training center. I'm supposed to be leaving on the 28th
for my new job. Someone has told me maybe my employer is trying to delay my leaving. Is there anyone I can contact re this situation. I would like to get ther facts straight from a gov't authority if possible.

Has anyone heard of this rule?

Thanks,
Bounder

danswayne · Joined: 23 Apr 2006 Posts: 237

Whatever you do please keep your passport away from your boss and it might be good to start taking things to a friends house for a couple days and leave from there if at all possible.

SheZook · Joined: 31 Jan 2006 Posts: 187

therock · Joined: 31 Jul 2005 Posts: 1266 Location: China

Your employer is talking a load of BS. As the other posters said, hold onto your passport and be ready to move at a moments notice. Your boss might try to intimidate you into staying.

If the new school is in another province you might not need the release letter.

Bounder · Joined: 06 Apr 2005 Posts: 21 Location: Nanjing, China

Thanks for your input. I'll take all of your advice into consideration. I've just phoned the consulate for my country and they said that the conversion is indeed 'not necessary' however they do have the right to convert it if they want to. It s related to the fact that my residence visa applies to my current employer. I'll tread carefully either way. Some private training centers are just a little too shifty.

Thanks again,
Bounder

therock · Joined: 31 Jul 2005 Posts: 1266 Location: China

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

In most cases it would prove easier to transfer your documentation from one employer over to the next if you remain in the same classification of employment here. Going from resident status to tourist status and then back to resident status just does not make sense.

So it does seem that the only reason your current employer would want to transfer you onto a visitors visa is to create difficulties for you.

There is certainly no law that requires you to do that.

What does your employer say about the matter?

HunanForeignGuy · Joined: 05 Jan 2006 Posts: 989 Location: Shanghai, PRC

First, to the OP, the advice given you by the previous posters is on the mark.

Second, in nearly all cases, for a Z visa / work permit to be changed into an L visa (and it can be done), you would need to surrender your passport and go to the PSB in person with your employer to sign a consent form and waiver and change for the the L visa. Under NO circumstances should you do this -- none at all.

Third, if you have given the statutory-per-your-contract notice, in writing, then again don't do it.

Fourth, as Clark wrote, if you leave with a valid Z visa, your new employer will be able replace it with a new in-folio Z visa with greater ease. If you are staying within the same province, you will more-than-likely not be required to have another medical examination. If you are changing provinces, whether or not you will need to redo the medical depends upon how regulation-savvy the new FAO is. Under the current rules, if you change jobs with a still-valid Z visa and a letter of release, then no new medical is required in most cases (Hunan is one big exception).

Please note that you must secure a letter of release from your employer -- duly chopped and signed -- and a letter of recommendation in order to facilitate the renewal process.

This is China, and the right employer can make all things happen, etc., etc.

It's just a roll of the dice.

u24tc · Joined: 14 May 2007 Posts: 125 Location: Dalian, China

Yep like was mentioned earlier... NEVER give them your passport to 'hold' on to.

If they need a copy, let them photocopy it and GET it straight back.

DON'T give them documents such as your proof of residency and if they ask for it, give them a COPY.

Basically don't give them original documents that could get you 'stranded' if you don't trust or know if they are talking the truth Wink