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What Happens if Uni Refuses to Give Reference Letter?
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HiddenTreasure



Joined: 03 Oct 2010
Posts: 81

PostPosted: Thu Nov 04, 2010 5:14 am    Post subject: Reply with quote

DixieCat wrote:
Quote:
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.


Any document you submit to the authorities that is required to approve your application is part of the package - and thus, falls under the purview of sworn as true or perjury (in a practical sense).

The resume is not "required in some cases" for foreign experts. It is a required document for both the F.E.C. and visa/resident permit.
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Thu Nov 04, 2010 5:21 am    Post subject: Reply with quote

Let's return to the essentials around here, shall we, and refrain from the invective please.

First to YMMV, with whom I frequently spar, thank you for the link confirming what I had written in regard of the letter of release. That is a non-negotiable.

Now, let me explain to you, based upon my conversations with the PSB, on how the actual matter works. Should a foreign teacher leave an employer at the end of a contracted period, and no letter of release be provided, and should a new employer wish to hire this employer, generally speaking, and I stress generally speaking, the new employer will make all of these representations to the PSB, usually to the Section Head, not to the intake clerk at the front take. The PSB then, generally speaking, gives the applicant a 30-day, one-time renewable in-country F visa while the matter is sorted out. The PSB may, and often actually does, intervene with the previous employer and if no heinous crime of the most serious order has been committed, the PSB can actually order the previous employer to produce a letter of release. That is the law. Mind you, however, this is China. Should the ex-employer have considerable pull at the local PSB, then this will not happen. I have seen, however, that in most cases with which I am personally familiar, the intervention of the PSB is enough to secure a letter of release.

Should the production of a letter of release require more than the 30-day term of the F visa, a one-time extension may be granted. Should the employer absolutely refuse to produce a letter of release, for no other reason except for absolute obduracy, then the PSB can, in some circumstances, negotiated around this obstacle.

The PSB is highly, highly computerized and "hiding" FT jobs in China is just not possible these days.
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igorG



Joined: 10 Aug 2010
Posts: 1473
Location: asia

PostPosted: Thu Nov 04, 2010 6:38 am    Post subject: Reply with quote

I really don't know how "highly computerized" local PSB offices are, but it's quite believable "hiding FTs jobs" on mainland is not as easy as 10 years back. Local employers, however, can still hide skeletons in their closets as easy as before, can't they? I can't imagine how difficult that'd be to take any action against any local uni that's supported by the local government officials too. We just have to give our employers a bit of smile in the last few weeks or months of our employment commitment, don't we?
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Thu Nov 04, 2010 10:17 am    Post subject: Reply with quote

igorG wrote:
I really don't know how "highly computerized" local PSB offices are, but it's quite believable "hiding FTs jobs" on mainland is not as easy as 10 years back. Local employers, however, can still hide skeletons in their closets as easy as before, can't they? I can't imagine how difficult that'd be to take any action against any local uni that's supported by the local government officials too. We just have to give our employers a bit of smile in the last few weeks or months of our employment commitment, don't we?


Very highly computerized -- at least in terms of the PSB. One FAO whom I know personally wanted to check up on the weekend whereabouts of one of the FAO's employees. It took nothing more than a visit (they don't do this on the telephone) and voila, the teacher was pinpointed and categorized for the weekend. It has become highly, highly computerized.
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HiddenTreasure



Joined: 03 Oct 2010
Posts: 81

PostPosted: Thu Nov 04, 2010 11:23 am    Post subject: Reply with quote

ymmv wrote:
Quit celebrating yourself.


Grow up
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ymmv



Joined: 14 Jul 2004
Posts: 387

PostPosted: Thu Nov 04, 2010 11:55 am    Post subject: Reply with quote

HiddenTreasure wrote:
ymmv wrote:
Quit celebrating yourself.


Grow up


Me?
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Thu Nov 04, 2010 1:04 pm    Post subject: Reply with quote

My experience and understanding of the situation mirrors Xiao51's post regarding the PSB and obdurate employers.

Now, in some rare cases, nothing may work. But that hardly makes the case for forging documents or working illegally.
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DixieCat



Joined: 24 Aug 2010
Posts: 263

PostPosted: Fri Nov 05, 2010 12:23 pm    Post subject: Reply with quote

Quote:
Article 50 of the PRC Workers Law (2008)
Quote:
Article 50.On the date of termination or ending of an employment contract, the Employer shall issue a proof of termination


There is not fine or punishment specified for those who do not abide by the articles and whether or not the foreign worker is subject to the Labor laws is decided by a case by case basis from Provence to province. Note the mention of transferal procedures of the concerned employee�s files and social insurances. Where is the FTs social insurance. Shanghai had recently decided that the foreign worker are not subject to these articles and even though Beijing is more liberal, they to have lagged behind in representing the foreign worker. Try getting your severance allow by law. While anyone in this position should give it a go, there is nothing one can do to compel the employer to issue a release letter unless they want to. I would recommend no one seek legal advice from Dave's.
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Fri Nov 05, 2010 2:24 pm    Post subject: Reply with quote

Quote:
I would recommend no one seek legal advice from Dave's.


Nor advice in hydrology, electromagnetism, cosmology, or even phrenology.

Cheers
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DixieCat



Joined: 24 Aug 2010
Posts: 263

PostPosted: Fri Nov 05, 2010 11:36 pm    Post subject: Reply with quote

Advice on hydrology might be safe, because, as the Chinese say, "There's a lot of water in what you post".
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Fri Nov 05, 2010 11:47 pm    Post subject: Reply with quote

Teatime of Soul wrote:
My experience and understanding of the situation mirrors Xiao51's post regarding the PSB and obdurate employers.

Now, in some rare cases, nothing may work. But that hardly makes the case for forging documents or working illegally.


Dear Teatime of Soul,

Thank you very much for your post. I fully concur that forging documents is hardly the way to go about this, meaning not at all, not given the computerized state of things around here. And ditto for working illegally. These two paths should not even be considered.

X
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