Job Discussion Forums

Voldermort · Joined: 14 Apr 2004 Posts: 597

I really need some help in this matter, I am stuck between a rock and a hard place with nowhere to turn.

I am currently 3 month into a 1 year contract in Jilin province. My experience of this agency so far is appauling. Heres my situation, I want to leave the agency and go to work for another school in the same city. I have already found a school who are keen for me to sign a contract with them, but my agency are refusing to let me leave.

They are holding my Foreign experts card and my Residents permit, which I would need to transfer to my new school. They have told me and my Embassy that they are holding these because I owe them money. They have also told me that to leave the agency I would have to pay them back some money that I owe, which I cannot afford due to not being payed full salary. Then after that they would write up a report about me and hand this, along with my books, to the police station. They told me that after this, I would have to leave the country and re-apply to work here.

I don't see the sense in this, considering I entered China on a 3 month tourist visa and later had it changed to a Z visa.

Has anybody come across this sort of situation before? What can I do to get these books back and leave this agency? I have an oral agreement for a 4 month "trial period", which I am sure will be neglected later. I really do not want to have to leave the country, nor can I afford it, and I have a very good school waiting for me to sign a contract with them.

lagerlout2006 · Joined: 17 Sep 2003 Posts: 985

My docs state that I must carry them at all times...Can it be legal for them to hold them.?.Of course they will tell you it is but get another opinion. Go to the PSB with a local. Why not? you aren't doing anything wrong.

Also can an agency even be your sponsor...Find out whose name is on the books as your employer---maybe that's why they are holding them. Failing all this give proper notice--60 days or whatever...

Stosskraft · Joined: 12 Apr 2004 Posts: 252 Location: Japan

If they are paying you what is stated in your contract, you should be able to have the contract voided. Go to the PSB (police station) with a Chinese friend and explain to them the situation. Read your contract carefully to see if their is a "termination charge" noted anywhere. You may have to pay the school some money in order to break the contract. If this is the case, see if your new school will help you out with this.

Good luck

struelle · Joined: 16 May 2003 Posts: 2372 Location: Shanghai

I'm sure many helpful replies will come in about the legalities involved. Yes, of course your school is breaking the law here.

Despite that, I would suggest for anyone in a similar predicament to never tell an employer you're breaking a contract until you've come up with an action plan to implement this decision. Only break the news to your boss when you're researched a plan and have covered your bases.

Definitely give the legal 1-month notice before quitting, but don't let them on earlier or things won't be easy.

How to cover your bases?

- carry all your documents on you (red / green books, passport)

- already have another offer lined up, or else money / ticket to leave the country

- be sure to get a release letter (signed and chopped) before leaving. You need this to get a new work visa. What's problematic here is that the term 'release letter' suggests that an employer has power to release you or not with that letter. The truth is, HE MUST DO IT BY LAW. However, if you ask the boss for a 'recommendation letter' for future reference and do it before you break the contract, you can get around this problem.

- get a copy of your police registration form at your apartment, it should be a yellow copy. If you are not registered, you can go to a PSB-approved hotel and use the receipt. Best to do this immediately before you change schools (after your month notice runs out)

The short end of it is that you keep your mouth shut and you make your plans, then announce you're leaving.

Steve

Voldermort · Joined: 14 Apr 2004 Posts: 597

Thanks for the replies. As far as the apartment goes, I moved out of the 'free' apartment last week. I have decided to rent my own 'adequate living conditions'. Although as of yet I have not been to the PSB to register the new address. This would be a little difficult to do with an expired Z visa and no Resident permit.

As for the agency finding out I want to leave, it was not my intention for them to know. But as things go in this neck of the woods they have their ways. I have not officialy told them I am leaving as of yet.

Thanks for the advise about visiting the PSB, I am just scared of going there with no legal documents. At this point in time though, I have nothing left to lose. I will find a 3rd party translator and take a trip there as soon as possible.

Also my new school has offered the help from their Lawyer. I will keep you posted, but things are still looking grim.

Voldermort · Joined: 14 Apr 2004 Posts: 597

Just a follow up.

I have been going to the PSB everyday to try to sort things out. And to be honest it has left me in a larger mess than what I started with.

Basically they sat me and my agency in a room to 'work out our problems'. This ended up going nowhere, they insist I owe them money and that I should pay the termination charge. I am adament that they broke the contract first, they owe me money and that the breach penalty is not up to them to decide.

Anyway, the PSB took my Resident Permit and are going to change it into a 7 day tourist visa. Can you imagine my face??? The agent will not give me a letter of release until I have payed them the money. So now I have to find X amount of money within 7 days and transfer to a new school, or find X amount of money to get home.

My question now is, if I pay the money and get a letter of release, Can I sign with a new school without having to leave China? And could this just be another trick played on me by the agent to stall for time? The way things have been going of late, it seems the agent are trying to force me to do a runner, hence breaking the law.

JimmyJam · Posted: Tue Aug 17, 2004 3:51 pm Post subject: tsk.. tsk.. tsk...

what happened to you already happened to two of my friends.. i think you work with the same agency (who claims that they own a school) duh.. they were lucky enough because their FEC and FRP were kept by the headmaster and not by the person who claims to be THE DIRECTOR OF FOREIGN AFFAIRS... they just borowed it for some monetary reasons.. but they disappeared.. lucky...
this agency has been so popular in jilin province with FTs. they are really known for not releasing documents, extortion, blackmail and stuff... well, it's just a matter of who knows who... if you're future employer has a more powerful connection deep within than your agency/current employer, you can make your way without any hassles...
how sure that after paying the X amount, they will release you? this is one thing difficult if you've been employed by an agent and not directly through a government school/university..
i presume we are in the same province.. let me know how i can help..

tarzaninchina · Joined: 16 Aug 2004 Posts: 348 Location: World

Quote from the Battle for Endor movie, anyway.

It seems like you've made a classic mistake by those who don't handle info well. If a boss is treating you like that, you don't confide in them. Also the stuff about covering your bases before you tell them is the way to go.

Also, if you're visas in your passport are still valid, make a visa run to Hong Kong or Russia or Japan or anywhere for that matter. You can ask your new school to pay for part or all of your tanspo.

ALWAYS keep those 3 books on you. Don't ever surrender them except for updating.

You could sue if you wanted to as that doesn't necessarily involve the PSB. Also, why isn't your new school willing to bribe a little? (not that I'm for that, but they should be actively willing to help)

You're in a bind dude.