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Foreign Experts Certificate (FEC) vs Alien Work Permit (AWP)
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Mon Dec 24, 2007 7:14 am    Post subject: Re: Do you mean "Alien EMPLOYMENT Permit"???" Reply with quote

Lostinasia I wasn't taking the Mickey out of you in my earlier post. I would genuinely like to get some answers back from your student in relation to what she has already told you. No third degree, just clarification of how from her experience this works.

As Arioch has pointed out, I would think that basing everything upon an address would be somewhat impractical but if that is really how it is done then it would be good to understand how SAFEA addresses the concerns that I raised in my earlier post.

gdfroberts wrote:
I would also just like to clarify that I wasn't given a tourist visa when my residents visa was cancelled, but rather a note in my passport stating that my visa had been shortened and that I had to leave the country before 14th Dec.

I have spoken to the Chinese Embassy in London and they have informed me that in order to issue me a new visa they must first clear it with the PSB in Fuzhou.


I assume that the note in your passport is written in English. What did they do - write on a page of your passport or put a stamp in there with some text on it? What is the wording of that note?

You were pretty unlucky for the visa office to have decided to check that out. Hopefully it won't have a bearing on your chance for another visa.
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lostinasia



Joined: 11 Apr 2007
Posts: 466

PostPosted: Mon Dec 24, 2007 10:19 am    Post subject: Reply with quote

The girl works in the actual Foreign Exerts government office in Jinan. I teach part time in a SAFEA international education center located at a university campus - thus, adults. Yes, the law and policy is not necessarily how things are practiced as there is no real chain of command or integration of linked offices in the system - let alone corruption or guanxi. But in the end, I believe that the law is more important than how things are "really done." And so, my comments about how this student/government worker told me the regulation.

What specific question do you have? I'll get the answers from her ...
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gdfroberts



Joined: 14 Dec 2007
Posts: 6

PostPosted: Wed Dec 26, 2007 10:18 am    Post subject: Re: Do you mean "Alien EMPLOYMENT Permit"???" Reply with quote

clark.w.griswald wrote:
I assume that the note in your passport is written in English. What did they do - write on a page of your passport or put a stamp in there with some text on it? What is the wording of that note?


The note was put in using a visa page/sticker, with the note "Visa length shortened. To leave before 14th Dec. 2007".
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Fri Dec 28, 2007 7:32 am    Post subject: Reply with quote

lostinasia wrote:
What specific question do you have? I'll get the answers from her ...


Well my understanding of her POV is that legality is tied to the address on the contract. So provided that you are working at that address stated on your contract then you are legal.

So my questions would be:

1. If you are employed by ABC School (registered with SAFEA) but the address on the contract is for XYZ School (not a registered SAFEA school) are you legally employed by ABC School even though you are not actually working for them?

2. Assuming that the answer to the above is 'Yes' then at what point does SAFEA consider that the licenced school is breaking the law by enabling others to use their licence?

3. In the example in point 1 would it make a difference who is actually paying the teachers wage. Does ABC School have to be paying the teacher as the teacher is employed by ABC School (officially anyway) or can XYZ School be seen to be paying the teacher (considering that this is where the teacher actually works?

4. In the case above, which school should be the subject of a complaint if the teacher doesn't get paid etc. I assume that it would have to be ABC School as the licenced employer, but assuming that the teacher is working at and for XYZ School and that XYZ School is at fault how would that work?

5. Assuming that the above is an ongoing situation whereby ABC School employs teachers on a regular basis for placement at XYZ School, does SAFEA look into the conditions at XYZ School. As I understand it SAFEA does inspections of their recognized schools on an annual basis so does this extend to the actual work locations as stated on teachers' contracts or only to the address of the licenced employer?

6. Finally what is the point of having a system of licencing schools if non-licenced schools can legally end up with foreign teachers teaching in the classrooms 'legally'?

I look forward to SAFEA's point of view on this!
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Fri Dec 28, 2007 4:09 pm    Post subject: Reply with quote

Quote:
Finally what is the point of having a system of licencing schools if non-licenced schools can legally end up with foreign teachers teaching in the classrooms 'legally'?

De facto licence rentals - Clark you ever been to China Laughing Laughing Laughing Laughing
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IanMWashburn



Joined: 11 Apr 2005
Posts: 61
Location: As of February 2009 - Santa Cruz, CA, USA

PostPosted: Fri Dec 28, 2007 6:05 pm    Post subject: This might seem like a big joke but... Reply with quote

Dear vikuk:

This might seem like a big joke but...

...there are millions of Chinese who are trying very hard, and often at great sacrifice, to develop a nation that lives ny the rule of law.

To simply say, "This is China", is to disrespect those Chinese who struggle every day, to establish a strong, modern China.

A China that lives within the laws and regs.

So please, before you make jokes about, "This is China" etc...try to respect the living and dead Chinese, whose lifeblood is / was dedicated to building a new China, which can stand proudly among the community of nations.

On behalf of my brave and proud Chinese friends, I say...

...thank you!


--Ian M. Washburn
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OGFT



Joined: 24 Jun 2006
Posts: 432

PostPosted: Sat Dec 29, 2007 1:12 am    Post subject: Reply with quote

Quote:
To simply say, "This is China", is to disrespect those Chinese who struggle every day, to establish a strong, modern China.


to the contrary, this simple saying indicates a level of understanding about the reality of china.
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Sat Dec 29, 2007 2:13 am    Post subject: Reply with quote

Quote:
there are millions of Chinese who are trying very hard, and often at great sacrifice, to develop a nation that lives ny the rule of law.

Ian I appologise - you're right on the ball!!!!!!
Next time I see stuff like - traffic police booking illegal tricycle taxis (usually driven by some granny/grandad who have no or next to nothing pension - and no employment hopes - they have to pay 200RMB and just ride off, and tout for business in some other area) - while at the same time doing nothing about the "massage palours" in the same street (maybe they've already paid their quota of "fines") - I'll be sure to remember your wise words Laughing Laughing Laughing Laughing Laughing

By the way Ian are you in China yet!????????????????

PS Ian the de facto renting out of license is very common practice in China - and not just in the education field!!!!! Indeed one of the reasons certains firms choose to go the costly legal license way - rather than under the table (paying off those who come and check credentials) - is with the view of letting other enterprises come under the umbrella of the license - for a fee Idea


Last edited by vikuk on Sat Dec 29, 2007 2:21 am; edited 1 time in total
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OGFT



Joined: 24 Jun 2006
Posts: 432

PostPosted: Sat Dec 29, 2007 2:20 am    Post subject: Reply with quote

Quote:
Next time I see stuff like - traffic police booking illegal tricycle taxis (usually driven by some granny/grandad who have no or next to nothing pension - and no employment hopes - they have to pay 200RMB and just ride off, and tout for business in some other area)


Actually an indication of the move towards rule of law..where no one is given special privileges, even Mom and Pop. The truth lays somewhere in between and yes the PRC is moving towards a system that is procedurally blind much the same as the lady of justice represented by the US legal system.
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HunanForeignGuy



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

PostPosted: Sat Dec 29, 2007 2:25 am    Post subject: Various Issues Reply with quote

There have been various issues that have been raised here and that should be addressed.

Ian M. Washburn raised the question of "piggybacking" a work authorization to hire foreigners. This is a rather common practice and very often a school will wish to hire a foreigner but either the school's paperwork has been lost in a bureaucratic shuffle, or as is the case of a new school, the minimum one-year statutory period in which a foreigner CANNOT be hired has not yet passed, etc., etc. and the school will often enter some kind of a very Chinese-style arrangement to piggyback the foreign teacher from the school that has already secured authorization to hire foreigner. As a matter of course, such a kindness is not done gratuitously. After all, this is China and money is money. Additionally this is not something that occurs uniquely in the private sector here -- it also occurs with a certain consistency among public schools, particularly in the poorer parts of the country.

Next, concerning the deportation issue. I feel terrible for the OP. Nonetheless, something doesn't make sense to me and I will need to reread the original posting again. In China, it is true that a Z visa only guarantees entry into the country for a limited period of time and that a Z visa is then superseded by a residence permit. The residence permit is the controlling document -- not the FEC nor the AWP. Both are needed and in some cases required but when either changing jobs, etc., etc., it is the case of the residence permit that controls status in the country. The FEC / AWP controls work status at a particular entity. I am aghast that someone would have been deported over such an issue. And I write this based on long, personal conversations with the PSB which occurred at one point in my stay in China.

Next, FEC vs. AWP has more to do with a person's crecentials than anything else. An FEC presupposes (and I say this very generally because I have seen it flaunted so many times) a certain level of education and background and the AWP presupposes a lessor level of education and background. In the university where I taught last year there was one Canadian teacher who initially was given a AWP as a result of his or her background and yet over time this AWP moulted into a FEC, both of which were duly issued.

As for the entire hoopla of a forged AWP / FEC raised by a previous poster, there are many ways that this can be checked easily and quickly. In all of my years in China, I have heard of a lot of inordinate practices covering the entire spectrum of questionable practices, but forging AWP's and FEC's has not been one of them.
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IanMWashburn



Joined: 11 Apr 2005
Posts: 61
Location: As of February 2009 - Santa Cruz, CA, USA

PostPosted: Sat Dec 29, 2007 3:05 am    Post subject: How to check the validity of an FEC? Reply with quote

Thank you HFG for another clear, helpful and on-topic posting!

You write:

HunanForeignGuy wrote:


As for the entire hoopla of a forged AWP / FEC raised by a previous poster, there are many ways that this can be checked easily and quickly.


Please inform asap exact procedural details (who, what, where, why, and how) on how the validity of an FEC "can be checked easily and quickly".

If you prefer, you can send in a PM.

In my present case, it turns out that my FEC was issued by the "Qingdao Municipal Foreign Affairs Office"...calls to Beijing SAFEA oversight people yielded the information that Shandong province can issue FECs, but they said nothing about a municipality issuing them.

In fact, when I went in person to the Qingdao Education Bureau to inquire as to how to file a complaint concerning the school that hired me and secured the FEC for me, my mere presence sent the office into a conniption fit. When I asked simple questions like, "May I know your name," they acted insulted that I had arrived without an appointment. When I took out my passport and FEC to show them, the office "dean's" lady boss, who had just arrived, looked it over and then was very reluctant to hand it back to me. Meanwhile in the background the "dean" was saying to her in Chinese, "Confiscate!...I'll call security and they can take it from him." But she finally released it back into my hand, telling her subordinate in Chinese, "No. That will only cause more trouble."

Why do I recount this little vignette? Because, judging from the body language, the trembling hands, shaky voice, elevated blood-pressure and adrenal levels of "the dean", it looked to me like he felt that this particular FEC is what we call in the business, "evidence".

Evidence of what? Something that really scared him, and I mean, a lot.

Meanwhile I am in the process of filing a case with the QD Labor Bureau for mediation and arbitration with the school, as the first steps to legal action in the courts.

The courts? Yep. I know, I know, you think it's a huge waste of time and money. I don't care. I just want the information that has been gathered to become part of the public record. I know that even if I win my court case, the amount of money I'll get is minimal. But my real concern (go ahead and laugh), is for the people of China and in particular the students and their families who very often are making huge sacrifices to pay for high-priced, quality language training that they in fact never receive. Most often the service they receive is inferior. The curriculum and the people who deliver it are not what was promised to the customer.

No, I am not a crusader.

I'm just a simple foreigner who came to help modernize China, and help the Chinese gain the language and management skills necessary to compete strongly and fairly in international markets.

Now, before anyone responds to this posting, I ask you to please keep your comments on-topic. I've already been called a fool, a crusader, etc etc, and that is simply irrelevant. What you may think about me personally, is none of my business.

Now, HFG, how do we check the validity of an FEC?

Thanks again.
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vikuk



Joined: 23 May 2007
Posts: 1842

PostPosted: Sat Dec 29, 2007 3:14 am    Post subject: Reply with quote

Quote:
Please inform asap exact procedural details (who, what, where, why, and how) on how the validity of an FEC "can be checked easily and quickly".

By going to your local PSB office that deals with foreign workers Idea

I'm sure they won't clap you irons if your FEC did turn out to be false - after all you'd be joining the ranks of the brave millions fighting for a lawfull society Wink
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HunanForeignGuy



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

PostPosted: Sat Dec 29, 2007 3:31 am    Post subject: Dear Ian Reply with quote

Do you like the picture on your Foreign Expert's Bureau card? Perhaps it is a terrible picture and perhaps the glue is terrible and the picture is in danger of falling off. Who knows? If you don't like the picture, have another more beautiful picture made, taking into account local regulations, and then go to the Qingdao Foreign Expert's Bureau -- not the Education Bureau -- and ask them to replace the picture or to affix the old one back into place. You will need to bring your passport. Be very careful in any case not to loose the original picture or tamper with the document. If you push them enough (and they will just think that you are another crazy foreigner), they will replace the picture or reglue the original and then they will verify the document in the process. Have all of your wits about you, stay calm, do not get into a flap, etc., etc.

Only one point escapes me here, kind friend, and that is why you are wasting all of this negative energy on this cause. In your shoes, and I have been there, and this is China, I would simply get a new job and move on very quickly. I know that it's easier said than done but I have been through something similar and yes, I actually had almost to drag a school to the people's court over salary, etc., but in the end, I moved on (and got paid, too).

All the best,

HFG
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clark.w.griswald



Joined: 06 Dec 2004
Posts: 2056

PostPosted: Sat Dec 29, 2007 6:58 am    Post subject: Reply with quote

Let's not bury the point of this thread.

Yes we all know what can happen in China. That is not news for anyone and the value of continually pointing out the obvious as if it is something new seems kind of pointless.

What I hope Lostinasia can help us find out is whether the practices questioned by me earlier are considered legal and proper in the eyes of that SAFEA office.

If we can get an answer to that then this should help us all understand the logic behind some of the practices that we often see as being illogical!

Perhaps the OP can then use this information to argue his case and avoid court time as I am not so sure that the courts is the best place to resolve this.
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arioch36



Joined: 21 Jan 2003
Posts: 3589

PostPosted: Sat Dec 29, 2007 10:56 am    Post subject: Reply with quote

Vikuk
Quote:
By going to your local PSB office that deals with foreign workers

I'm sure they won't clap you irons if your FEC did turn out to be false - after all you'd be joining the ranks of the brave millions fighting for a lawfull society

I would highly disagree with this, with the usual qualification, everything can change depending on where you are, which is why our concept of "law" must take in appreciation the Chinese concept of "law", which, rightly or wrongly, is not ours. Should they be like America or England with lawyers everywhere?

My experiences and experiences of others I know are not negative to the PSB. If they think you have been trying to do right, they will try to work with you.
But if you are technically in the wrong, they are the ones who will fine you, tell you to leave the country, whatever, even if they know it is not your fault. They will say sorry, but...
The various education bureaus, on the other hand, usually try to keep things quiet, maybe because they know that usually it is they, or one of the school they supervise, that has done the wrong, and if sh1t hits the fan, their butts will be grilled. So they will seek to resolve the problem, though not always technically legally, for better worse.

Agree or disagree, did that make any sense?

The PSB, on the other hand, is never wrong. They may try to help, but they are never wrong. I have found them to be pretty consistent in this aspect. (PS I dothink they are willing to help you ... just make sure you are legally here first!)
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