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Anda

Joined: 16 Jan 2003 Posts: 2199 Location: Jiangsu Province
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Moon Over Parma

Joined: 20 May 2007 Posts: 819
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Posted: Mon Sep 01, 2008 3:28 pm Post subject: |
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I've only done this with a university. I cannot speak about the buxiban except to sat that they are almost always a world of guaranteed shit storms and issues, often operate outside the law (many pay it off, some skirt past it) and because they are on a different level in terms of how a contract can hurt you.
I simply tried my best to work it out with the university. Lots of dialogs over a series of months. Attempts from both sides at an amicable solution. Then there was hot-winded attempts of contractual intimidation from the school. I called that bluff, standing firmly with enough to prove they violated certain agreements as well the compromise reached was that I would not only receive personal recommendations, but they would pay me all of my bonuses, reimburse me moneys owed and were totally professional about the matter, as was I. I completed the remainder of the semester, fulfilled all of my obligations and duties and all parties were pleased.
In the buxiban system there are no real semesters to speak of. As a result, teachers are in a bind because the school can use that as a point of contention when discussing your release. They have a business to protect, face to save, clients to serve. If it is a well staffed business then it would be less of an issue because you're a cog and another cog can be put in place of the one removed and the machine functions as it would normally. If you are flying low staffed or as the sole instructor then I could see where nothing good would come it. This is but one of the millions of reasons to not work in the buxiban system. There is a reason why a surprising number of teachers you meet working in China's buxiban system are either: without a university degree, social misfits, non-native speakers, unemployable in the public school system, are total misfits, or come from a country without the magic passport. I think the dominant factor is that these are people without degrees, desperate to live and work abroad. Not all, but in my experience it is the norm as opposed to the exception.
I am going to return to the point of this thread:
First, you need to look for a new job. Once you find it and the potential employer are willing to hire you and know about the fact you are jumping ship, you need to get your current employer to agree to the change and sign the release FORM. It is referred to as a “release letter,” but it is not a letter. It is a standardized form with blanks to fill out, boxes to check, and room for a one or two sentence explanation and the official, red stamp.
With university and public school work this is easy to do. Jobs open up based on semesters and seasons. You can earn your employment freedom and the school can keep face by simply agreeing to fulfill your duties until the end of the period. They still have an employee and can provide the services promised to their clients and you have time to save money and look. You also have time to get papers filed and processed with your next employer. In the buxiban system this is not an option.
What you will need is a new job to go to, the old job agreeing and filling out the release letter, and an agreed upon time. This is true for any ESL job within China. If you cannot make this happen then you might have to quit your job, go home, and come back when the contract expires, or if they cancel your visa before you leave you can simply come back from your home country after you secure a new sponsor.
Your future employer should help you get the paperwork you need to leave. Your current employer will not want to do it themselves, since you're leaving them. You can only ask them for release and provide them the documents. They are only obligated to pay you for your work and to sign the paperwork if they are on the up-and-up. Not everyone works on that premise, however.
Good luck. |
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jeffinflorida

Joined: 22 Dec 2004 Posts: 2024 Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two
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Posted: Mon Sep 01, 2008 3:32 pm Post subject: |
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| Run Forrest, Run... |
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Moon Over Parma

Joined: 20 May 2007 Posts: 819
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Posted: Mon Sep 01, 2008 3:33 pm Post subject: |
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| jeffinflorida wrote: |
| Run Forrest, Run... |
This isn't the off topic forum. |
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jeffinflorida

Joined: 22 Dec 2004 Posts: 2024 Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two
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Posted: Mon Sep 01, 2008 3:35 pm Post subject: |
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| Moon Over Parma wrote: |
| jeffinflorida wrote: |
| Run Forrest, Run... |
This isn't the off topic forum. |
Walk, Forrest, Walk.
And soon... |
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Anda

Joined: 16 Jan 2003 Posts: 2199 Location: Jiangsu Province
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Posted: Mon Sep 01, 2008 3:59 pm Post subject: Um |
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Gabeltron you are thinking like you are in the West. If you don't attend classes then your employer could easily get you tossed out. Chinese side with Chinese not our lot unless you have a local friend that is prepared to assist you.
Z Visa costs
http://www.visa-chinese.com/china-other-visas.htm |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Mon Sep 01, 2008 4:13 pm Post subject: Re: Um |
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i dont think anyone should confuse this visa company with the REAL china visa office in wan chai, hong kong.
the visa costs listed on this website provided by anda are far higher than what you will pay in HK for a Z visa.
gabeltron, did you come to your job on a Z visa? if so you must remember how much you paid for it once you received it? |
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Anda

Joined: 16 Jan 2003 Posts: 2199 Location: Jiangsu Province
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Posted: Tue Sep 02, 2008 12:18 am Post subject: Um |
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| A resident visa is about 400 RMB. A medical is about 200 to 300 RMB. There are also other costs to your employer as they need two other things done from government departments to apply for the resident visa. The z visa I don't know the cost of. |
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North China Laowei
Joined: 08 Apr 2008 Posts: 419
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Posted: Tue Sep 02, 2008 1:54 am Post subject: Re: Um |
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| Anda wrote: |
| A resident visa is about 400 RMB. A medical is about 200 to 300 RMB. There are also other costs to your employer as they need two other things done from government departments to apply for the resident visa. The z visa I don't know the cost of. |
The cost of the Z visa is quid pro quid .. meaning if the United States of America charges a citizen of the PRC USD 150.00 for a certain kind of visa, then the PRC reciprocates by charging a citizen of the United States of America a similar amount when applying for a similar visa. China tends to hold to this policy across the board. |
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vikuk

Joined: 23 May 2007 Posts: 1842
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Posted: Tue Sep 02, 2008 3:06 am Post subject: |
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| Gabeltron you are thinking like you are in the West. If you don't attend classes then your employer could easily get you tossed out. |
Once again dubious info - I doubt many employers here can easily muster the force of the PSB to deport one of there ex-workers - the system doesn't work like that because -
1- the employer looses face for employing a worker they have to sack, and then possibly deport - they get the blame for causing this situation.
2- the employer holds the major responsibility for the FT, the PSB, seemingly always "occupied" with "alternative duties," may not want to take on this responsibility unless the FT posses an obvious danger to the local society.
3- with the current difficulties in obtaining visas, employers will often put up with a great deal of hassle from the FT before firing - after all they just want a white face they can parade around - especially if its small kids you're teaching, kids who aint to accurate with reports to mummy and daddy on the frequency and quality of FT lessons.
When anda uses the word - easily - in context to the term of deportation - then I think they are confusing it with the western concept of immigration authorities and the rounding up illegal immigrants. Experienced China FT's start to notice that things work differently round here
The real problem for the OP is not the threat of possible deportation - but how to extend their legal working stay in China once a working visa issue arises!!!!! |
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Anda

Joined: 16 Jan 2003 Posts: 2199 Location: Jiangsu Province
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Posted: Tue Sep 02, 2008 4:06 am Post subject: Um |
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| I am talking about stopping one from getting another job legally in country without having to do an overseas visa run. In other words a transfer of the resident visa to a new place of enployment. |
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jamesmollo
Joined: 26 Apr 2007 Posts: 276 Location: jilin china
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Posted: Tue Sep 02, 2008 4:12 am Post subject: letter of release |
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I have gotten a new r.p.f twice without a release letter and without leaving the country. I'm now working in the same province and city where my dispute occurred. Risky? yes, but possible.
The first time I was 3 months into my second contract with the school. Because of gross misconduct on their part I packed up and left (to another province mind you) their r.p.f was stamped 'cancelled' and another one promptly issued.
The second time I finished up my contract in the proper way two stamps were required on the 'release letter' for my new job in the same province, the school stamped it but the education bureau refused for some reason. I was told that they were just not familiar with this so they wouldn't? My new employer tried several times to get them to do this, but to no avail.
In the end they gave up and my new r.p.f was granted without the infamous 'letter of release'
cheers |
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sheeba
Joined: 17 Jun 2004 Posts: 1123
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Posted: Tue Sep 02, 2008 10:47 am Post subject: |
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| It you go to another country and then come back on a tourist visa you will still have to do another visa run to get a new Z visa. So you won't get paid for these two trips plus the living costs while away etc. Wages aren't that great here to do stuff like that |
Wages aren't great yes and you'll be wasting a flight but I see a year employment as a long time especially you are in a job you hate. Carefully finding a suitable position in China will help greatly towards a stable job that you are not going to back out of after a month and get yourself into the mess that some on this board are clearly in. A plane return flight is a minimal expense IMO. |
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MESL
Joined: 23 Aug 2003 Posts: 291
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Posted: Tue Sep 02, 2008 10:54 am Post subject: Shanghai Industry and Commerce Foreign Language College |
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| I told a school before the contract started that I changed my mind about working for them. They never sponsored a visa or a foreign experts certificate. They never paid me a salary. I never started teaching. They did sponsor a health certificate. I told them I would reimburse them for the medical exam if they gave me the health certificate. They had me register residency with the campus police, but I didn't give me a resident permit and didn't allow me to live on campus during the summer. How can I be a resident if I don't have a resident permit and if I'm not allowed to live there? Of course, the FAO and the recruiter said I had to work there or pay the breach of contract penalty. |
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jeffinflorida

Joined: 22 Dec 2004 Posts: 2024 Location: "I'm too proud to beg and too lazy to work" Uncle Fester, The Addams Family season two
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Posted: Tue Sep 02, 2008 1:16 pm Post subject: Re: Shanghai Industry and Commerce Foreign Language College |
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| MESL wrote: |
| I told a school before the contract started that I changed my mind about working for them. Of course, the FAO and the recruiter said I had to work there or pay the breach of contract penalty. |
Well once you told them you changed you mind then the recruiter doesn't get their commission form getting you the job. So the pressure is on to either get you to work or pony up some money to the recruiter because now they didn't get any - which is not your problem of course.
If they weren't getting you a visa how were you expected to legally work there? |
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