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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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 Posted: Fri Jan 17, 2014 1:28 am Post subject: FEC and release letter |
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Good morning veterans-
I have always come to this forum to read and get updates on various issues in China. Now, I actually have a question I need help with.
I gave my employer 60 days notice to end my contract early. My employer has agreed to it. I needed a release letter in order to end my FEC and transfer the remainder of my Z visa under my new employer. I have received such a letter.
The twist is this: My employer claimed to have fired me on this document!!
Will this effect my application for a new FEC? If so, how will it impact me? (I have emailed documents showing that I have, in fact ,resigned)
Please share your two jiao |
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WLamar
Joined: 19 Oct 2013
Posts: 58
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| Posted: Fri Jan 17, 2014 2:32 am Post subject: |
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| We an assume you didn't bother to submit a written letter of resignation, that was accepted, meaning stamped, signed, and copied... right? You are "quitting" why? They "broke the rules" or some other obscene claim against them and you trusted "okay, we agree" verbally? |
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JoeKing
Joined: 30 Apr 2008
Posts: 519
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| Posted: Fri Jan 17, 2014 3:07 am Post subject: Re: FEC and release letter |
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| dumpling filling wrote: |
Good morning veterans-
I have always come to this forum to read and get updates on various issues in China. Now, I actually have a question I need help with.
I gave my employer 60 days notice to end my contract early. My employer has agreed to it. I needed a release letter in order to end my FEC and transfer the remainder of my Z visa under my new employer. I have received such a letter.
The twist is this: My employer claimed to have fired me on this document!!
Will this effect my application for a new FEC? If so, how will it impact me? (I have emailed documents showing that I have, in fact ,resigned)
Please share your two jiao |
I am interested in hearing possible outcomes as well...I hope it works out for you.
I would also like to piggyback a question or two to the post. What if no release is given? Does one just have to wait until the original contract/permit expires to begin work with another employer? |
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muffintop
Joined: 07 Jan 2013
Posts: 803
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| Posted: Fri Jan 17, 2014 3:55 am Post subject: Re: FEC and release letter |
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| JoeKing wrote: |
I would also like to piggyback a question or two to the post. What if no release is given? Does one just have to wait until the original contract/permit expires to begin work with another employer? |
If no release letter is given...the new school and/or the PSB can pressure the old school into providing the documentation. Without it, you may need to return to your home country and start the Z visa process again. |
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JoeKing
Joined: 30 Apr 2008
Posts: 519
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| Posted: Fri Jan 17, 2014 4:15 am Post subject: Re: FEC and release letter |
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| muffintop wrote: |
| JoeKing wrote: |
I would also like to piggyback a question or two to the post. What if no release is given? Does one just have to wait until the original contract/permit expires to begin work with another employer? |
If no release letter is given...the new school and/or the PSB can pressure the old school into providing the documentation. Without it, you may need to return to your home country and start the Z visa process again. |
Can this be started even before the original z/contract/permit has expired? Can the first employer make things difficult? |
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muffintop
Joined: 07 Jan 2013
Posts: 803
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| Posted: Fri Jan 17, 2014 4:34 am Post subject: |
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I don't really understand your question in relation to the part you put in bold.
I'll try to clarify.
If you wish to continue working without having to go through the Z visa process again you will need a release letter from your previous employer. I have not seen or heard of anyone getting around that recently though I wouldn't be surprised if it has happened.
The initial employer would be making things difficult by not providing the release letter. Without this, you will most likely be unable to obtain an RP under a new employer. AFAIK...if you don't have a release letter you will not be given a new RP unless you return home and start the Z visa process again. It essentially removes the dbag employer from the process.
Mind you, I have not had to do this, this information all comes second/third hand. |
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JoeKing
Joined: 30 Apr 2008
Posts: 519
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| Posted: Fri Jan 17, 2014 4:54 am Post subject: |
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| muffintop wrote: |
I don't really understand your question in relation to the part you put in bold.
The initial employer would be making things difficult by not providing the release letter. Without this, you will most likely be unable to obtain an RP under a new employer. AFAIK...if you don't have a release letter you will not be given a new RP unless you return home and start the Z visa process again. It essentially removes the dbag employer from the process.
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Yes, I understood you...sorry I was not clear. Here is what I mean:
I know that a release allows you to stay in country and just transfer everything, obviously the easiest way....
but,
in the case one does not get a release, and has to go home and start the process over again(perhaps even wants to go home), can they start that process even before the original contract/permit has expired? Can one go home, get hired by a new employer, and get a new "Z visa" even before the old contract and work permit have expired? Almost like doing a runner, except in this case you gave notice but employer would not give release? |
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muffintop
Joined: 07 Jan 2013
Posts: 803
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| Posted: Fri Jan 17, 2014 5:10 am Post subject: |
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I...guess so.
But I imagine you'd have to wait for your current RP to end either through the first school cancelling it or by it's expiration. |
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JoeKing
Joined: 30 Apr 2008
Posts: 519
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| Posted: Fri Jan 17, 2014 5:21 am Post subject: |
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| muffintop wrote: |
I...guess so.
But I imagine you'd have to wait for your current RP to end either through the first school cancelling it or by it's expiration. |
So, one way or another, you can not get a new RP until the old one either expires or is cancelled? Sounds like going home does not really help speed up the process. |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sat Jan 18, 2014 4:56 am Post subject: |
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| WLamar wrote: |
| We an assume you didn't bother to submit a written letter of resignation, that was accepted, meaning stamped, signed, and copied... right? You are "quitting" why? They "broke the rules" or some other obscene claim against them and you trusted "okay, we agree" verbally? |
I have given my employer a resignation letter. I also have an email to summarize and confirm our understanding of the meeting. I did not know that I needed a stamp and signature from my employer on my resignation letter. This is not the first time I resign from a position in China - I always leave on good terms. Unfortunately, this marks the first time I'm F***ed over.
My resignation was due to my desire of having less hours at work. I'm looking for another position that will allow me more free time. That's all. They didn't "break the rules" or committed any obscene act. I thought we were on good terms. Having my release letter state that I was fired is a complete surprise. There are several layers of positions between my employer and I- I haven't had to chance to ask him in person.
My current concern is how may this effect me with the FAO. |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sat Jan 18, 2014 11:54 pm Post subject: |
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| Is there anyone, anyone, out there who experienced a bad release letter? |
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unclealex
Joined: 22 Apr 2003
Posts: 38
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| Posted: Tue Jan 21, 2014 12:26 pm Post subject: |
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Sounds like you were fired for having submitted your resignation. 
Seriously, it isn't impossible to legally start working elsewhere without the LOR. Last year a colleague of mine gave a notice only 20 days before leaving. He committed a breach of contract by not serving his notice at least 30 days in advance. As a result, he wasn't paid most of his final salary (5000 RMB penalty for breach of contract) and was denied the LOR. However, he managed to get a new job and FRP renewal with a private school in Beijing. Maybe ganxi had something to do with it, or being outside of the original province. |
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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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| Posted: Wed Jan 22, 2014 12:48 am Post subject: Did you ask... |
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| your former employer why they made that designation on your paperwork> Could it have been an error? In any case you seem well-documented - perhaps a chat with the folks locally that handle FECs or 1000 rmb to have an attorney write a letter? |
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