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whitethunder10
Joined: 22 Nov 2010 Posts: 22
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Posted: Sat Dec 04, 2010 5:45 am Post subject: If I break a contract ? |
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- can I stay and work in the country?
- does immigration get involved?
- can I come back and work in the country at a later date? |
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west2east
Joined: 03 May 2009 Posts: 120 Location: China
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Posted: Sat Dec 04, 2010 9:36 am Post subject: |
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What do the terms of your current contract state with regards to ending a contract prematurely? Best advice I can give is to follow what it says to prevent any problems in the future.
When you negotiate your leaving, make sure your current employer agrees to write a release letter and to state when you will get that release letter. Do not leave your current employer with out it. You may also need a letter of recommendation for your next job. Again, do not leave your current employer without one. Get your employer to email you exactly how you have agreed a departure.
Failing to acquire the release letter is highly likely to hamper your chances of work with another employer as your RP will still be associated with the old employer. Only a release letter can discharge you and your transfer to the new employer will be complete. Fail this and you will be working illegally. You will still need a release letter if you leave China and return way into the future with the intention to work.
Recap: Get your employer to give you a release letter no later than the last day of your employment. Do things in accordance with your current contract. Be nice.
Hope that helps. |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Sun Dec 05, 2010 5:03 am Post subject: |
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Only a release letter can discharge you and your transfer to the new employer will be complete. Fail this and you will be working illegally. |
If you are able to transfer the FEC, then it is legal with or without the letter of release.
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You will still need a release letter if you leave China and return way into the future with the intention to work. |
Not necessarily true. Many leave China and return without the release letter to find employment. Actually I have only heard of this requirement on Dave's and suspect it is no more than a Davester legend. |
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west2east
Joined: 03 May 2009 Posts: 120 Location: China
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Posted: Sun Dec 05, 2010 7:47 am Post subject: |
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@ DixieCat
I am inclined to think that what you say is not the 'norm' and potentially flawed and possibly cause a greater risk to the OP. However I'd be enlightened to be corrected and to read up on the official line. Given your knowledge in this field, could you possibly direct us to that official line? Thanks. |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Sun Dec 05, 2010 1:48 pm Post subject: |
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During the last 1.5 years, three teachers left our school on good terms planning to transfer their FEC to a new employer.
In each case, when offered a release letter/letter of recommendations, they replied, "Not necessary, the school I'm going to will take care of things.", or words to that effect.
In each and every case, at three different different schools in widely different locations, they later contacted our school because their new school, for whatever reason, now needed the letter of release.
So, YMMV, but don't take it as gospel you don't need a letter.
Cheers. |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Sun Dec 05, 2010 11:03 pm Post subject: |
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I am inclined to think that what you say is not the 'norm' and potentially flawed and possibly cause a greater risk to the OP. |
I didn't say it was the norm.
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If you are able to transfer the FEC, then it is legal with or without the letter of release. |
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In each case, when offered a release letter/letter of recommendations, they replied, "Not necessary, the school I'm going to will take care of things.", or words to that effect. |
If this is a regulation, that the school must issue a release letter, then why was their merely an offer extended when the requirement, as reported on Dave's is that it is the law.
Leaving a school without a letter is going to be the reality of breaking the contract if the employer doesn't want to lose the FT or has been abusing the FT and trying to use the letter as an angle, so perhaps the only choice is to try and find a way around it. If the FT returns to his native country and he starts the process over again, it is unlikely that he will need the release letter as per the advice of "West"
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Fail this and you will be working illegally. You will still need a release letter if you leave China and return way into the future with the intention to work. |
This is the part I take regards to as I feel it misleads the FT. |
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west2east
Joined: 03 May 2009 Posts: 120 Location: China
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Posted: Mon Dec 06, 2010 5:32 am Post subject: |
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@ DixieCat
You can mince specifics as much as you like. Now perhaps, given your knowledge in this field direct us to the official line? If not, and I am increasingly led to believe you can't, perhaps you could take a more passive role in giving information. |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Mon Dec 06, 2010 12:15 pm Post subject: |
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You can mince specifics as much as you like. Now perhaps, given your knowledge in this field direct us to the official line? If not, and I am increasingly led to believe you can't, perhaps you could take a more passive role in giving information. |
It seems your the official line perhaps you could give us the official skinny.
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You will still need a release letter if you leave China and return way into the future with the intention to work. |
This is one of your assumptions that I disagree with as it has too broad a scope to be consider information and I would characterize it as just an opinion, I would hope based on some experience but I could be wrong. Do you know of anyone who has been subject to this rule. I have yet to see this actually take place so again, I doubt t although as I have said in the past, this condition could take place but I feel it is hardly the norm. Do you define passive as agreeing to all the myths and spins with manipulation that you have tried to pass off as fact. |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Mon Dec 06, 2010 12:29 pm Post subject: |
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Before an FT receives a work permit (invitation letter) SAFEA's database requires an answer to this question, "Have you previously worked in China?" If the answer is yes, the the person is asked to specify when and where.
You can verify this by asking your FAO to show you the (password protected) school account with SAFEA.
You can connect the dots, or not. |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Mon Dec 06, 2010 1:12 pm Post subject: |
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So is your assertion that if the person answers yes, then a release letter is required or is this just an inference designed to imply a release letter is required.
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Before an FT receives a work permit (invitation letter) SAFEA's database requires an answer to this question, "Have you previously worked in China?" If the answer is yes, the the person is asked to specify when and where. |
Since a FT doesn't apply for the invitation letter themselves, it would be the school authority that applies for the invitation letter and not the FT, so how would that person who is in their native country actually provide the answer. Just trying to connect the DOTS. |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Mon Dec 06, 2010 1:19 pm Post subject: |
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No assertion was made.
Simply provided an easily verifiable fact.
Inferences are left for the reader to draw, or not. |
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west2east
Joined: 03 May 2009 Posts: 120 Location: China
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Posted: Mon Dec 06, 2010 2:01 pm Post subject: |
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DixieCat, any chance of providing a viable source anytime soon? |
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DixieCat

Joined: 24 Aug 2010 Posts: 263
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Posted: Tue Dec 07, 2010 3:23 am Post subject: |
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No assertion was made.
Simply provided an easily verifiable fact.
Inferences are left for the reader to draw, or not. |
A simple question was asked and no answer was forthcoming, just more spin.
Dcat:
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So is your assertion that if the person answers yes, then a release letter is required or is this just an inference designed to imply a release letter is required. |
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DixieCat, any chance of providing a viable source anytime soon? |
Not sure what kind of source your looking for. So far there has been statements made by you that way into the future if you return to work in China a release letter is needed and I do understand that your credibility is in question as to this statement so I would think you would be willing to offer a source of your information. Like the other poster, perhaps you are out to feed information that is beneficial to your agenda.
If as the other poster has noted
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Simply provided an easily verifiable fact. |
yet to prove this fact, which doesn't even make sense as the applicant doesn't apply for the invitation but the school does and so how could the applicant gain access to a website that deals with employment they haven't even undertaken yet, a future FT has to employ his future FAO to give them access to a website that is password protected and is not a mandatory association which some but not all schools belong. This is plain manipulation issued by those who have an agenda on this website. |
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Teatime of Soul
Joined: 12 Apr 2007 Posts: 905
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Posted: Tue Dec 07, 2010 8:24 am Post subject: |
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Dixie dear Dixie,
You dismiss any information offered as merely "opinion" and then, when offered an easily verifiable fact, characterize it as "manipulation".
I offered a fact you could easily verify. As you tend to dismiss anything one posts as opinion, here is something, finally, you could sink your teeth in.
And instead of reveling in the joy of a real fact, you instead demand it be wrapped in an "assertion" and liberally sprinkled with "inference".
Let's keep it simple. Is it a fact the SAFEA requires the question about prior China work experience (as shown on the "Basic Information" screen of the SAFEA database currently in use) in order to issue an Invitation Letter/Work Permit?
Just a simple question.
Last edited by Teatime of Soul on Tue Dec 07, 2010 9:01 am; edited 1 time in total |
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west2east
Joined: 03 May 2009 Posts: 120 Location: China
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Posted: Tue Dec 07, 2010 8:43 am Post subject: |
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DixieCat. I hold my hands up and say it's a fair cop, my givings are based on what I know to be true in my experience. Despite my efforts, I find it impossible to find reliable sources. I guess what I do offer ESL teachers with questions is something that is least likely to cause them grief.
It seems that you too are unable to back up anything you say, rather you feel empowered to split hairs on anything that is said and not to move a thread forward.
If having the final response in this thread in public is important to you, then you have my blessing. However I do stand by my initial request for you to back up what you advise with a reliable source or retract what you say. Please feel free to message me in private if you feel the need.
Thanks. |
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