Job Discussion Forums

[tarzaninchina]

OK. Changed from a private school to a college in July. My green book ran out at the end of July, but they've since renewed it, so I have my passport, green book, and red book.

The contract start date is September 1st. I want out. How do I do that given the official change in my green book and a yet-to-begin contract?

[struelle]

Definitely an unusual situation!

Who renewed your green book? When you say 'I want out', which contract are you referring to? Who are 'they'?

My guess is that the old school extended your green book by default. We know the red tape involved in changing schools in China (even after a contract finishes), so it's unlikely you 'just happened' to get the documents from your new college.

However, there are problems with both cases.

- In the former, an employer must have PROOF of hiring you before they can apply for or extend your work documents. So if they extended your green book without a contract extension, that's illegal.

- In the latter, a new employer can't hire you without a letter of PROOF from your old employer that your contract was completed.

Regardless of where you work next, you will need to settle this issue with your old employer. Let them know what happened and that it was illegal to extend your green book, but try to avoid them losing face. Get a proof of contract completion letter.

I'm not sure what to do with the green book, but you will need that proof letter for future jobs.

Steve

[Roger]

It looks easy enough in theory, but the reality will bite you pretty hard, no doubt about that:

You must convince your current employer to release you unconditionally - no fine, no tit-for-tat measures against you; you return those documents and obtain a release letter.
In practice, however, they will be pretty upset. So you must bear this in mind. Take their legitimate interests into account:

- Refund their outlays for your visa (not just the visa fee but costs in obtaining it for you!);
- find a replacement teacher.

Your new employer must be willing to sponsor you on his own - i.e. pay for your medical examination and for the new documents. Few do. Good luck!

[burnsie]

Whatever happens don't loose you cool. Once this happens all respect flys out the window, they will dig and nothing will happen.

Expect the worst flown at you but don't loose your cool. Take your time, we all know things move alot slower than in the west so it will take a few months at least.

Don't make demands unless it's really necessary but this is a last resort.

Ever thought of trying to find a replacement for your job?

[tarzaninchina]

I got a letter of release from my old school. My new/current school renewed my green book and now I have all 3 documents back in my possession. In fact, I even paid 100RMB to get the renewal and have the receipt (I wanted this for a number of reasons, possibly getting out was one).

In short, in August I'm not under contract by anyone. In September I start up with this new school. I signed the contract with the new school in late June.

As for getting a replacement, the school's in Taiyuan, so I wouldn't do that to someone unless I really didn't like them, but they'd sus it out anyway.

[burnsie]

Is there an 'Acts of God' clause in your contract? If so you might be able to plead a relative died or something similar to get out under this clause.

[struelle]