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motown
Joined: 07 Jun 2008
Posts: 68
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 Posted: Sat Mar 07, 2009 2:02 pm Post subject: Exit letter from employer if you want to break a contract |
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Hello
Does anyone have a sample letter for asking for the "exit letter" or "letter of termination". Also has anyone gone through this and have a general knowledge of what to expect. I believe if the employer denies you this "letter" then you must leave the country. Perhaps there is another thread on this site that someone can direct me to. Thanks.
Last edited by motown on Sun Dec 06, 2009 12:43 pm; edited 2 times in total |
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xiao51
Joined: 06 Feb 2009
Posts: 208
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| Posted: Sat Mar 07, 2009 2:15 pm Post subject: Re: Exit letter from employer if you want to break a contrac |
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| jarvis1981 wrote: |
Hello
Looks like I will be breaking my contract here in China.
Does anyone have a sample letter for asking for the "exit letter" or "letter of termination". Please advise of what is the correct term so I can include it in the letter.
Also has anyone gone through this and have a general knowledge of what to expect. I believe if the employer denies you this "letter" then you must leave the country within a week.
One extra problem here is that I'm in a remote area and I don't know the appropriate police office where you can fill out a form allowing you to leave the district and my hunch is that I won't be getting any help. I also don't know the language which makes it even more difficult.
Perhaps there is another thread on this site that someone can direct me to. Thanks in advance.
jarvis1981 |
Jarvis,
Here is the process.
"Mr. XXXXXXX, a citizen of XXXXX, holder of XXXX passport No. XXXX, is hereby released from his term of employment with NAME OF EMPLOYER under good and friendly terms effective as of DATE."
Letterhead of School
MUST CARRY THE STAMP OF THE SCHOOL
English version must also be signed.
You also will need a Letter of Recommendation from the school, it is more pro forma than anything else. It need not be glowing, just the basics.
Depending upon the term of your visa, and I am hoping that you were here legally under a Z visa and a subsequent resident permit, you need not leave the country within one week. You generally have 30-calendar days to secure other gainful employment but this period may and often is extended at the discretion of the PSB.
Next you need do NOTHING except secure the letter of release and the letter of recommendation. It is incumbent upon your ex-employer to report you "out" to the PSB and your new employer to report you "in".
You may expect to have to pay a fine in order to secure the letter of release and letter of recommendation. Whatever you do, even if
relations are terrible, do your polite best to get these letters. Generally, money is the key.
If you have personal specifics, please feel free to PM me.
Xiao Lin |
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rmcdougall
Joined: 28 Feb 2009
Posts: 71
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| Posted: Sun Mar 08, 2009 3:47 am Post subject: |
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| Just write your own. Why not. |
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suanlatudousi
Joined: 10 Oct 2008
Posts: 384
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| Posted: Sun Mar 08, 2009 5:08 am Post subject: |
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| You can write one all you want, but it still must contain the schools "red stamp." |
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Teatime of Soul
Joined: 12 Apr 2007
Posts: 905
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| Posted: Sun Mar 08, 2009 12:51 pm Post subject: |
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| rmcdougall wrote: |
| Just write your own. Why not. |
What about the "Letter of recommendation" sent to the PSB and receiving school? It is a govt. form sent by your school to both parties.
Are you advocating "Just write your own"?
Won't that raise some eyebrows when your copy arrives as well as your old school's official copy?
Especially if there is a considerable variance as to evaluating the teacher's merits.
The form also asks if the contract was completed. |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Mon Mar 09, 2009 2:26 am Post subject: |
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| Quote: |
| What about the "Letter of recommendation" sent to the PSB and receiving school? It is a govt. form sent by your school to both parties. |
Not all provences are using ths form and evn in Beijing where a few months ago it was a strict measure, it is no longer the only document you can use and a seal/chop stamped letter has been accepted lately...
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| The form also asks if the contract was completed. |
By getting a letter stating that the contract was satified, it is not necessary in all cases, to have this form...or that the form states that a contact was completed as in "finished" ..only requirements were satisfied...
Have u another job, if so contact them and ask for help as they may have the ability to avoid any problems you may incounter...any forms to be sent to the authorities or dealings with request for letters is best left to the admin of the new employer... |
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motown
Joined: 07 Jun 2008
Posts: 68
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| Posted: Mon Mar 09, 2009 9:56 pm Post subject: |
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Thanks for all the replies. They have been helpful.
Last edited by motown on Sun Dec 06, 2009 12:42 pm; edited 1 time in total |
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brsmith15
Joined: 12 May 2003
Posts: 1142
Location: New Hampshire USA
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| Posted: Mon Mar 09, 2009 10:41 pm Post subject: |
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Delter/Telfort did exactly that to me. I asked for the letter after giving my resignation in writing a month in advance according to the terms of their "contract." They refused and then they had the gall to ask for my passport. I knew what they were up to. They were going to keep it from me so I couldn't leave the country without a lot of legal hassle with the consulate. They had a wonderful habit of making things just about as bad as they could be for teachers.
I needed to return to the US and get a new invitation letter from my new employer. Cost me $4,000.
Anyway, be VERY careful in all this. |
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Teatime of Soul
Joined: 12 Apr 2007
Posts: 905
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| Posted: Tue Mar 10, 2009 10:11 am Post subject: |
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| jarvis1981 wrote: |
Thanks for all the replies. They have been helpful.
One follow up however. What if the employer just refuses to hand over the documents despite your most polite efforts and an agreement to pay a fine.
Again it's my understanding that once I inform my employer of my intentions that a clock begins and I must leave the country within days.
Any additional thoughts on this? Does the employer have any rights to impede your movements in any way? |
Good questions.
It is not optional for schools to provide both a Letter of recommendation and and your departure letter.
If your school believes the law does not apply to them, get thee to the local PSB and/or SAFEA office.
It would be short-sighted not to provide these letters since they are used to "close the books" on a departing teacher working on an FRP.
One school that hadn't closed the books on a departing FT (accidentally) were tracked down, years later, by the PSB, to pay catastrophic medical expenses incurred by the long departed, now illegally working FT.
If you are not working legally on an FRP, well, anything goes.
As for brsmith's tale, I don't know his circumstances and will trust his word on the matter, however, the school should have asked for his passport in order to close out his FRP.
If one is leaving a school with more than 30 days remaining on the FRP, the school is supposed to close out the FRP by either converting to L visa or coordinating with a receiving school to transfer the FRP to the new school. The PSB, at least in some areas, is checking schools for compliance.
Good luck! |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Tue Mar 10, 2009 10:54 am Post subject: |
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| Quote: |
| As for brsmith's tale, I don't know his circumstances and will trust his word on the matter, however, the school should have asked for his passport in order to close out his FRP. |
Wise in trying to avoid that. If they could get their hands on it..they would have change the status to an L and the app may have to go back to his native country to start the process over again....
| Quote: |
| It is not optional for schools to provide both a Letter of recommendation and and your departure letter. |
I am aware of no law which states that a school had to provide a recommendation letter.... but if a school refuses try and go to SAFEA and see if it helps...there has been reports of it working although I do know that if a school wants to with hold lettes and pay...SAFEA may be able to apply some juice but no decession is legaly binding...\
| Quote: |
| One school that hadn't closed the books on a departing FT (accidentally) were tracked down, years later, by the PSB, to pay catastrophic medical expenses incurred by the long departed, now illegally working FT. |
This is a hard one to buy and sounds more like a scary rumor that a school may put out to coerse a FT to comply with the schools wishes....anyway why would the FT worry about a schools PSB problems in the future...The FTs modivation is their own ability to maintain a working enviroment and to max out their opportunity.... |
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Babala
Joined: 28 Jan 2005
Posts: 1303
Location: Henan
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| Posted: Tue Mar 10, 2009 6:11 pm Post subject: |
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| Your school may insist you go with them to the PSB so they can cancel your work visa. They will then switch you to a F or L one month visa. They do this because while you still on the visa from their school, they are responsible for you. |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Wed Mar 11, 2009 3:34 am Post subject: |
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Their aim is to 86 the RP not the visa....and the responsibility, what is their liability?
If you are leaving a school besure to talk with your new posting before giving up or following school advice, as the school will always have their own interest at heart, or wil try and appease the locl PSB instead of concerning themselves with the ease of transition for former employees... |
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Babala
Joined: 28 Jan 2005
Posts: 1303
Location: Henan
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| Posted: Wed Mar 11, 2009 4:07 am Post subject: |
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The school's responsibilty comes down to this. If the teacher gets into trouble with the police, for example if they were caught working in a illegal school (occasional busts do happen) and if the police see that the teacher has a visa with a school they no longer work for then they will hold the school that issued the RP/visa responsible. It is the school's obligation to cancel everything when the teacher leaves their employment.
Try and leave on good terms. I left a school last year because I signed on to teach high school and they put me to teach junior school (different campus). We tried to work out something but in the end we just couldn't. I gave them proper notice and left with all the documents I needed. The school did cancel both my RP and work visa and put me on a 30 day L visa (they paid). My new school was running behind time getting the new visa and I thought I was going to have to do a Hong Kong run. I called my old school and asked if they could extend the L visa for 30 more days. They did it for me (my cost this time) so it saved me a trip.
It's always best to try to leave on good terms. |
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Teatime of Soul
Joined: 12 Apr 2007
Posts: 905
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| Posted: Wed Mar 11, 2009 4:21 am Post subject: |
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Evaforsure; Is it a surprise to learn that the FT can have the FRP transferred to a new school without, believe it or not, stealing, lying, or engaging in misconduct?
If you elect to refuse to cooperate with your school and refuse to allow them to cancel the FRP, as is required of them, what do you expect will happen:
1. When it is time to collect your final wages.
2. When your new school tells you it needs the Recommendation Letter from your old school.
3. When your old school asks for your release letter
Or, are you advocating FTs become fugitives, forever working illegally for shady employers?
Can you detail the benefits of your recommendation in the above three scenarios?
Last edited by Teatime of Soul on Wed Mar 11, 2009 4:24 am; edited 1 time in total |
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evaforsure
Joined: 26 Jun 2004
Posts: 1217
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| Posted: Wed Mar 11, 2009 4:22 am Post subject: |
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That was great luck, were you able to get your new L visa changed to a Z in Country or did u have to make a run outside china. Personally, I would have never complied as many new regs come up from time to time, even if they are not lasting, and having to go through the process for a new z visa to re enter the country may have additonal requirements which for some are requirements (that didnt exist before) which could prevent them from getting the z .... again I would go to the new employer and ask about procedures...
| Quote: |
| Evaforsure; Is it a surprise to learn that the FT can have the FRP transferred to a new school without, believe it or not, stealing, lying, or engaging in misconduct? |
That may be the characterization that a chinese employer my tag the actions of a careful emplyee, I am only offering that if you control the paperwork you can insure that the school will treat you in a mannor that is best for you continued emplyment in china...An FEC can be returned to the org that issued it by the new employer...and by changing the RP to a L visa the process may have to be done outside china...always check with your new emplyer for the procedure....IN my case I have never changed the RP to an L nor have I turned in my FEC and I am glad to have insured my "stay" in china because of it...your idea of the Theiveing lying FT is way over the top and in most cases, it is the school that is out for itself and holds the advantage over the FT...
Last edited by evaforsure on Wed Mar 11, 2009 4:33 am; edited 1 time in total |
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