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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Wed Nov 03, 2010 8:08 am Post subject: |
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| Who would be committing the 'fraud' first |
Classic line of defense. He did it first.
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| There is no 'fraud', anymore than it would be 'fraud' to maintain your right to silence in court or when arrested. |
I am not sure that fraud is covered in the right to avoid self incrimination.
While omitting work history may not be consider fraud, I could be considered omitting a truthful representation of work history. In many employments this could be considered grounds for dismissal.
This lack of reciprocation of paperwork by companies is a well known problem and there is little anyone can do about it. It is the very reason that many choose to rely on "F" visas as opposed to the shackling of the "z" as it offers little in the way of actual protection by vengeful companies that are intent on their former workers not competing in the same local market or just in continuing to work in their home land. |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Wed Nov 03, 2010 8:55 am Post subject: |
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Understand that different provinces use different forms.
But in all cases, the red stamp of the school is required.
You best recourse is going to the PSB or education officials and asking them to compel the school to issue the letter.
Actually, its is more of a face thing, rather than the law (which does require the school to write the letter) that will probably work.
That's my advice on how to attempt to solve the matter in what I'd consider an adult, professional manner.
I'll let others share their expertise on forging school documents for the government. That's not something I'd contemplate or advocate. |
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HiddenTreasure
Joined: 03 Oct 2010 Posts: 81
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Posted: Wed Nov 03, 2010 9:31 am Post subject: |
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| DixieCat wrote: |
| It is the very reason that many choose to rely on "F" visas as opposed to the shackling of the "z" as it offers little in the way of actual protection by vengeful companies that are intent on their former workers not competing in the same local market or just in continuing to work in their home land. |
It get's funnier every step-of-the-way-of-the-post.
Working illegally?! Working, employment, receipt of money for services (salary) on an F visa is simply illegal. There is this magical thing called a Z visa - AKA - a work visa. The purposes and terms of visa are rather clear.
So fraud in one form and now entering the country with fraudulent purposes.
So, so, very funny |
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Cousin Vinnie
Joined: 17 Oct 2010 Posts: 24
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Posted: Wed Nov 03, 2010 9:45 am Post subject: |
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I think a key question which hasn't been asked is - how many jobs in China has "eslteach" had and whether he was a teacher in his home country?
If only 1, I wouldn't list the school on my resume, which I don't consider Fraud. In the past I had several different jobs working in hotels, restaurants and delivering pizza; they aren't listed on my resume now.
But, they were when I 1st applied for a teaching job in China. At that time, only 2 years of general work experience was required. Now, 2 years of "teaching experience" is required, at least according to the law.
If this is his 1st teaching job ever, Fraud may be called for with a creative resume. Ideally, he worked as a teacher somewhere else before, perhaps Korea.
Back to my initial question - if "eslteach" has other China jobs listed on his resume he will still have a problem because the PSB will want to see the Release Letter from that school, whenever he worked there.
I still have copies of older Release Letters, but the PSB wants the original, chopped/stamped with fresh ink, as far as I know. |
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xiao51
Joined: 06 Feb 2009 Posts: 208
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Posted: Wed Nov 03, 2010 11:00 am Post subject: See Below |
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Teatime of Soul is probably the most accurate, IMHO, in his assessment of things here.
First, things have changed in the PRC. Now all information for the local FEB's is entered into a centralized computer system. It is practically impossible to hide anything, i.e., place of employment, dates, etc., the proviso, however, being that the local FEB is somewhat thorough when it is issues the new FEC, which is often far from the case. This is China, in the end.
Next, there is a standardized form in place, that is true; it is often officially required and yet there are myriad exceptions made to the rule, myriad. Again this is China.
An employer in China is not duty-bound to provide a letter of recommendation; they are, HOWEVER, under all circumstances, duty-bound and legally required to provide a letter of release. This letter of release, actually, can be separate of the form required above. And both the PSB and the Foreign Expert Bureaus actually can legally intervene in this matter. The letter of release need say nothing more than "no more professional relationship exists between Party A and Party B" as of such-and-such date.
So all of the spiel around here but circumventing the system, well, guys, since the Olympics, they are very computer-savvy around here. Don't be naive for a minute. |
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The Great Wall of Whiner

Joined: 29 Jan 2003 Posts: 4946 Location: Blabbing
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Posted: Wed Nov 03, 2010 1:41 pm Post subject: |
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I second-guessed my advice so I did some research. After a few hours of careful reading from both sides of the debate, the pros vastly outweigh the cons. For this reason I still agree with the expert advice from countless advice gurus who are far more qualified and experienced than I am on these matters:
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| The simple answer is "yes." Technically, you may omit anything on your resume. A resume is like a marketing document; it should be written to position you in the best light possible. That being said, if an employer finds out that you hid certain information, it can be grounds for termination. |
Which seems fair enough. The definition of 'fraud' does not even apply here. Like I said earlier, if we as teachers work to the letter of our contract and we still get suckered by the school for not re-signing, where is our protection?
Teachers (any employers for that matter) have little rights as it is here. Why enable further potential abuse?
If a school refused to give a reference I need for my next job simply because I don't re-sign with them, that's petty. The school deserves no leeway.
I stand by my advice.
[Personal Story]
As a teenager, I worked in a fast food outlet and the boss was a raging drinker who often paid the employees late, short, or let them go and re-hired new staff and stalled the 'final payment'.
I would never use him as a reference or add this job on my resume simply because I stood up to him when he shouted at the dishwashers and subsequently fired me along with the two other poor guys. |
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HiddenTreasure
Joined: 03 Oct 2010 Posts: 81
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Posted: Wed Nov 03, 2010 6:32 pm Post subject: |
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| The Great Wall of Whiner wrote: |
I second-guessed my advice so I did some research. After a few hours of careful reading from both sides of the debate, the pros vastly outweigh the cons. For this reason I still agree with the expert advice from countless advice gurus who are far more qualified and experienced than I am on these matters:
| Quote: |
| The simple answer is "yes." Technically, you may omit anything on your resume. A resume is like a marketing document; it should be written to position you in the best light possible. That being said, if an employer finds out that you hid certain information, it can be grounds for termination. |
Which seems fair enough. The definition of 'fraud' does not even apply here. Like I said earlier, if we as teachers work to the letter of our contract and we still get suckered by the school for not re-signing, where is our protection?
Teachers (any employers for that matter) have little rights as it is here. Why enable further potential abuse?
If a school refused to give a reference I need for my next job simply because I don't re-sign with them, that's petty. The school deserves no leeway.
I stand by my advice.
[Personal Story]
As a teenager, I worked in a fast food outlet and the boss was a raging drinker who often paid the employees late, short, or let them go and re-hired new staff and stalled the 'final payment'.
I would never use him as a reference or add this job on my resume simply because I stood up to him when he shouted at the dishwashers and subsequently fired me along with the two other poor guys. |
WRONG and WRONG
This is not the same as getting a job in your home country - where a resume is just a review of your background and so on - NOT a legal form.
You are SO WRONG !!
A resume in China IS A LEGAL document! A resume is REQUIRED by LAW to obtain a Foreign Expert Certificate and more importantly to obtain a VALID WORK VISA and ALIEN RESIDENT PERMIT
By using fraudulent documents to obtain a government issue permit, certificate, visa, etc. is a crime and punishable by law.
By filling our and signing the application for a visa, resident permit, and FEC, you are stating that the information supplied (credentials) is correct, true, and accurate. By submitting your resume (a requirement of the application process) you are attesting the information is true.
You can be fine, deported, denied a visa and work credentials, and YES imprisoned.
Obtaining these documents by fraud (fraudulent documents) is a crime.
It is stunning you don't comprehend this |
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Cousin Vinnie
Joined: 17 Oct 2010 Posts: 24
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Posted: Wed Nov 03, 2010 7:03 pm Post subject: |
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It's true - I'm on my way to dream land.
Utopia = a place I can go without any questions.
Sleep tight and pleasant dreams.
Yunqi |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Wed Nov 03, 2010 9:20 pm Post subject: |
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| An employer in China is not duty-bound to provide a letter of recommendation; they are, HOWEVER, under all circumstances, duty-bound and legally required to provide a letter of release. This letter of release, actually, can be separate of the form required above. And both the PSB and the Foreign Expert Bureaus actually can legally intervene in this matter. |
Not to disagree with you but if this actually exist in the labor law, which would be the only actual "law" that would effect the severing of employment from a Chinese company, where would one find this information so as to utilize the "law" when it comes to a reluctant employer. I was under the impression that even subject to labor law which requires an attempt at mediation, the employer doesn't have to follow the decision handed down and the only real authority is the courts. In what form would they legally intervene. Would it come in the form of an injunction or a fine. Often on this board "it's the law" is thrown about without any real knowledge of the "law" and the administration of the "law". With all those who visits these boards surely at least one of the Davesters has experienced this problem and has followed the advice of those who have suggested that the PSB or the FEB could order the employer to issue a release letter. I personally don't buy it having worked with the labor board for several years and having witnessed several "teachers" who were denied "release letters" and for who no resolution was forthcoming. The value of advice is the practical application of that advice. |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Wed Nov 03, 2010 9:26 pm Post subject: |
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| A resume in China IS A LEGAL document! A resume is REQUIRED by LAW to obtain a Foreign Expert Certificate and more importantly to obtain a VALID WORK VISA and ALIEN RESIDENT PERMIT |
To be a legal document the document in question would have to be chopped by the authoritative government agency. Although it may be required in some cases, this is not the criteria for a "legal" document. |
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ymmv
Joined: 14 Jul 2004 Posts: 387
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Posted: Thu Nov 04, 2010 12:03 am Post subject: |
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| DixieCat wrote: |
Not to disagree with you but if this actually exist in the labor law, which would be the only actual "law" that would effect the severing of employment from a Chinese company, where would one find this information... |
Article 50 of the PRC Workers Law (2008)
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| Article 50.On the date of termination or ending of an employment contract, the Employer shall issue a proof of termination |
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eslteach
Joined: 28 Sep 2010 Posts: 94
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Posted: Thu Nov 04, 2010 3:39 am Post subject: |
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| HiddenTreasure wrote: |
It get's funnier every step-of-the-way-of-the-post.
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What's with the dashes? And, even better... "get's" ??? |
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7969

Joined: 26 Mar 2003 Posts: 5782 Location: Coastal Guangdong
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Posted: Thu Nov 04, 2010 3:53 am Post subject: |
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that's how "REAL" teachers write  |
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HiddenTreasure
Joined: 03 Oct 2010 Posts: 81
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Posted: Thu Nov 04, 2010 5:09 am Post subject: |
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| eslteach wrote: |
| HiddenTreasure wrote: |
It get's funnier every step-of-the-way-of-the-post.
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What's with the dashes? And, even better... "get's" ??? |
3 questions marks?
Beginning a sentence with "and" is hardly the accepted practice anymore.
And a space between the last word/character and the punctuation mark (in this case your incorrect three questions marks)... what's with that?
Grow the hell up!
Maybe you're incapable of writing sentences with more than four words because of your evident poor writing skills. God only knows what your writing would look like if you could get past the four word barrier.
Check the rules around here regarding the self-designated grammar police. |
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HiddenTreasure
Joined: 03 Oct 2010 Posts: 81
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Posted: Thu Nov 04, 2010 5:10 am Post subject: |
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| 7969 wrote: |
that's how "REAL" teachers write  |
Yes, the so-called "REAL" teachers begin sentences without a capital letter and use no punctuation at the end of a sentence.
Bravo! |
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