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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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 Posted: Sat Jan 18, 2014 2:54 pm Post subject: Problem with end of Contract documents |
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I am having a frustrating problem getting documents and would like to ask for some guidance. Here is the background: I was three contracts at the same school in Xiamen. When I left at the end of the contract I requested the release and recommendation letters. I was told they would be coming.....I asked several times and was told the same thing several times. Now I have a new employer and I need those two documents - when I contact the school again they just told me its time for winter holiday and they cannot provide them until February. In the meantime my new employer is pressing for the release and rec letters with the red stamps. I could have the offer withdrawn if I cannot get the documents - what recourse do I have? frustrated  |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sat Jan 18, 2014 11:59 pm Post subject: |
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| WLamar wrote: |
| The recourse is non-existent. You should have been more pressing and gotten the documents before the holiday period. A go-getter would have gotten them. You're out of luck. |
Hello WLamar- Why must you be so negative and discouraging? You were the same way with my post regarding my release letter as well. I know first hand when someone is under this type of stress, comments like this can really add to the feeling of hopelessness. Please refrain from being a meanie. |
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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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| Posted: Sun Jan 19, 2014 12:09 am Post subject: Thanks.... |
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for your support Dumpling. Even though it was my third year this was my only employer in China. I had no idea it might be difficult to secure these docs.
I any case, can I just apply for a new Z visa now ? I already have a new contract but need to straighten out what to do if I cant get the docs from my ex employer..... |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sun Jan 19, 2014 12:15 am Post subject: Re: Problem with end of Contract documents |
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| kimo50 wrote: |
| I am having a frustrating problem getting documents and would like to ask for some guidance. Here is the background: I was three contracts at the same school in Xiamen. When I left at the end of the contract I requested the release and recommendation letters. I was told they would be coming.....I asked several times and was told the same thing several times. Now I have a new employer and I need those two documents - when I contact the school again they just told me its time for winter holiday and they cannot provide them until February. In the meantime my new employer is pressing for the release and rec letters with the red stamps. I could have the offer withdrawn if I cannot get the documents - what recourse do I have? frustrated |
I just went through the same predicament, though I do not wish the same result upon you. (you can catch up on my FEC and release letter post) When I asked my employer for my letter, he said he would provide it 2 weeks before my contract terminates. Then he changed his mind, stating that the company will still be "responsible" for me until the very last day.
During this time, the new employer is pressing for the letter.
The saving grace from this situation was the expiration of my RP. I still have over a month, so my new employer has until then to turn all of my docs in. I have my release letter now, but the new employer is on Spring Festival holiday now.
Do you have time left over from your RP? If so, how long? If it's weeks or months, you can let your new employer know and calm them down a bit? |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sun Jan 19, 2014 12:24 am Post subject: |
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There a LONG list of things you need to get your Z visa started. Just having a contract isn't enough. Some of these are from your new employer, some from you (degree, police registration, CV, etc.)
From my understanding, you need a release letter to "release you from your employer". But if you run your RP and FEC to the end, a release letter is irrelevant, because your employer isn't "responsible" for you any longer.
If you still have time on your RP, then your new employer and apply for an in-country transfer (old employer will cancel your FEC and new employer will apply for a new one). If that's the case, a release letter is needed. And if you have some time left on your RP till AFTER Spring Festival, you may still have enough time. |
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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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| Posted: Sun Jan 19, 2014 12:29 am Post subject: RP |
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| my RP expires 6/14/2014 but the old employer said they already processed a cancellation |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sun Jan 19, 2014 12:33 am Post subject: |
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The cancellation of your FEC is NOT the cancellation of your RP. No one can cancel your RP unless you show up to your PSB with your passport. With that, you're still legal to stay.
Now that's covered, next question: Who has your FEC? You or your employer? |
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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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| Posted: Sun Jan 19, 2014 12:35 am Post subject: thanks for your help |
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| The employer took the actual FEC. As for the passport, they only took a photocopy of the RP - they never took the passport. Can they cancel the RP with a photocopy? |
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dumpling filling
Joined: 12 Jan 2014
Posts: 10
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| Posted: Sun Jan 19, 2014 2:32 am Post subject: |
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| Sounds like they're doing more than just cancelling your FEC onlilne. In terms of the RP- no, they're not able to without your passport. |
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muffintop
Joined: 07 Jan 2013
Posts: 803
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| Posted: Sun Jan 19, 2014 4:28 am Post subject: |
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| dumpling filling wrote: |
| No one can cancel your RP unless you show up to your PSB with your passport. With that, you're still legal to stay. |
Not true. Your RP is tied to your employment. Simple fact. If you lose your job or pull a runner the school/PSB can cancel your RP without your passport in their possession. But...you won't know if it's cancelled or not until it's too late. Though if you quit or get fired....common sense would dictate the remaining time on your (work related) RP would be invalidated. |
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Non Sequitur
Joined: 23 May 2010
Posts: 4724
Location: China
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| Posted: Sun Jan 19, 2014 7:03 am Post subject: |
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| dumpling filling wrote: |
| WLamar wrote: |
| The recourse is non-existent. You should have been more pressing and gotten the documents before the holiday period. A go-getter would have gotten them. You're out of luck. |
Hello WLamar- Why must you be so negative and discouraging? You were the same way with my post regarding my release letter as well. I know first hand when someone is under this type of stress, comments like this can really add to the feeling of hopelessness. Please refrain from being a meanie. |
A troll perchance?
The language is always slightly off key (dud) and the more WLamar tries the worse he gets.
There are some good troll spotters on Dave's and I'm sure they feel the same way.
In my experience, once you've said you are going, you're toast to Chinese employers.
They don't give a toss about reputational risk as would many Western employers. |
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kimo50
Joined: 24 Aug 2011
Posts: 119
Location: Guam
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| Posted: Mon Jan 20, 2014 8:46 am Post subject: as they say Lamar..... |
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If you dont have something nice to say....keep it to yourself....this is generally a helpful friendly board. Your comment obviously does not fit the category of being helpful. However most everyone else was helpful.
Thanks again for your kind input - I hope the favour is returned some day  |
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