Job Discussion Forums

marina10 · Joined: 06 Oct 2010 Posts: 5

My friend and I have been working in a school for over three months. It has been horrible and we want to leave. The school has not given us the contract to sign yet and we think it might be a good opportunity to leave before they ask us to sign it. We have Z visas and the RP sponsored by the school. When we leave can the school cancel our visas and make it impossible for us to stay in China and find another job?

HiddenTreasure · Joined: 03 Oct 2010 Posts: 81

Please read the many, many threads on this subject

You have a visa, resident permit, and presumably a foreign expert certificate.

So the fact is, you do have a signed contract on record (whether you signed it or the school signed it for you) since a contract is required to obtain those documents/credentials.

Please review the many threads and use the search function. They'll answer your questions.

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

Correct. You have a Z-Visa and a Resident's Permit. You probably also have a Foreign Expert's Certificate (which the school may or may not have given you). This means a contract was given to the government, whether you signed it or not.

It is possible that you did not sign the contract because they feared you wouldn't sign it, as is?

Only a guess (an 'armpit')..

As for your visa situation, you can fight it, but it will wear you down in time, money, and stress. You didn't sign anything, so they forged your signatures.

Apart from that, I think if they did something to shaft you, they might shoot themselves in the foot. I'd wager they've done this with other foreign teachers...

DixieCat · Joined: 24 Aug 2010 Posts: 263

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

I will have to look into that, because it seems illogical to have work but no contract. I'll do some research and get back here.

marina10 · Joined: 06 Oct 2010 Posts: 5

We want to leave because of the problems with our co-workers. We've spoken to our DOS. He has been really supportive and understanding. However, we were told that our employer can cancel our Z visas. Is this correct? We were also told that they cannot give us our FECs as they have to be handed back to PSB. Is this how it works? They asked us to give them our passports so they can convert our Z visas into the tourists visas. Do you think it is safe to do this?

xiaolongbaolaoxi · Joined: 27 Aug 2009 Posts: 126

I would be very hesitant to hand over my passport in your circumstances (regardless of the nice relationship you have with the DOS...oh, make sure to hit the DOS up for a letter of recommendation by the way, can help you on your resume in your native country where "we went to China for a month and it didn't work out" won't freak people out) until your bags are packed. Your employer may promise (and believe in) an orderly process only to find out "they" have said you have three days, all the way to there was no intention of ever ending on a high note. As to not handing over FECs, I have heard all manner of responses on this board. Three employers in China and I never touched my FEC. Maybe it's a coaster or a dartboard somewhere.

My interpretation is that you are already "done" with this employer. If they are looking at two teachers leaving, well, they either really don't care or would rather have them than you (sorry.)

It is possible that your current employer may be able to find you a different position in the same city with no fuss (read: there is some sort of business relationship with the second employer), but that would require a great deal of understanding, organization, and bureaucratic acumen that is not in wide supply. It seemed to me that Chinese English teachers always knew of open college positions and had no problem telling me about them in front of my students. (The fact that I had already signed a new contract, was moving apartments, etc. didn't faze them at all... says a lot about the "fluidity in the marketplace.")

Are you in a financial position where you can take some time off, travel (now that the rest of the country isn't travelling at the same time) and settle into a hopefully better spot in the January-March timeframe?

Sorry the experience isn't positive. However, you'll be able to ace the "Tell us about a time you and a coworker disagreed on something" question. The best teacher I met in China had a horrible first experience as well, learned from it, and is happy as a clam.

XLB

wangdaning · Joined: 22 Jan 2008 Posts: 3154

Regarding the FEC, it should be in your possession, as you are the bearer of the document. It is your responsibility, not theirs, to return it to the issuing department.

The fact is you may need this document, they don't. If they wont give it to you then you could always report it stolen, pay a fee, and get a new one issued. I am sure it would look strange to the authorities when a stolen FEC is found in the possession of someone from the school.

Whenever leaving a job I think the best bet is to first find a new one who will sponsor your visa. Get the docs to go to HK. Cancel all of the documents you have. Go to HK and get a new visa. Clean the slate and start over. I wouldn't even try to deal with the bureaucracy.

The Great Wall of Whiner · Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing

Although I am not in possession of a Nobel Peace Prize, I do have the following to offer:

In order for them to release you, yes, they need to change your visa. However, I should state that if your new visa only has 48 hours or a few days to work with... you will have to leave the country fast.

HiddenTreasure · Joined: 03 Oct 2010 Posts: 81

HiddenTreasure · Joined: 03 Oct 2010 Posts: 81

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xiao51 · Joined: 06 Feb 2009 Posts: 208

flyingscotsman · Joined: 24 Mar 2010 Posts: 339 Location: Suzhou, China

I would recommend that you be extremely careful of giving them your passport and also of the dos. The dos must like his job, maybe doesn't even work for the school but instead for the partner organization, thus has nothing to lose by not helping you or even hurting you.

A school CAN cancel your resident permit but they need to file forms with the government - it takes work on their part and they may or may not do it depending.

Legally, once you leave their employ you are not entitled to the resident permit HOWEVER if you find a new job they can assume the responsibility for you and it shouldn't be canceled.

And of course, you can just leave China is always an option.

You should control the fec book as well.

marina10 · Joined: 06 Oct 2010 Posts: 5

We went to PSB today and they are switching our Z visas into tourists' visas which will be valid for a month. We saw our HR worker hand our FECs to PSB as they said they needed them in order to change our visas. If the FECs belong to us will we get them back or do we have to get new ones when we start our new jobs?