Job Discussion Forums

[Plan B]

The following is posted on behalf of a friend, who needs urgent advice on a work permit ........

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I was working in Guizhou for a total *beep*. In my contract it stated that he would hold 20% of my income. Being dumb I agreed to it. This is after he told me he would pay me 8,000 rmb a month and then reduced it to 5, 000 after being there for a week because he said that he had to give it to the other foreign teacher that was arriving soon. Pissed off but committed to stay because of wanting to learn Chinese. So I was at 8 then reduced to 5, minus the 20%. That only puts me at 4,000. So after being at the school for over 3 months I learned that this man was very corrupt. So on Christmas Day I told that man that I was not going to the Christmas party that night unless he gave me the money he was holding. It really pissed him off and he fired me. So I just found out that I was supposed to "sign off" which I didn't, and the *beep* still has my work permit. What should I do? Will it be hard for me to get a new work permit? I'm asking this because I think that he's really out to get me.

[Babala]

I am a little unclear about what your school is holding. You have said they have your work permit. Does that mean they have your passport or do they have your residence permit?

[Plan B]

To summarise - I believe that the situation is as follows :

My friend left a school in Guizhou on bad terms. He came to Guangdong with only his passport - his residence card and and work permit were (and presumably still are) held by the Guizhou school. He was not signed off from the school, and did not receive a letter of release.

He has now started working for a new school in Zhuhai. The school is not particularly experienced with visa processing, and is running into some difficulties with the labour department.

Has anyone been in a similar situation? Is there an easy way to get around this problem, other than going to HK / Macau and returning on a tourist visa?

[Roger]

Without a release letter he cannot legally get a new job, full stop. We have discussed this time and again.

The story sounds a little too fantastic to me. Why should anyone be so naive as to give up 37.5 percent of their monthly salary in favour of ANOTHER FT?
Second: if the above really happaned (and I am not saying it did not, but it is asking for clarifications) then how on Earth could this employer be so bold as to ask for another 20% off his salary? For what purpose? Why didn't the FT ask for written guarantees? Are we expected to be so gullible as to believe FTs arrive here without an inkling of how unscrupulous local bosses can be???

Lastly, I wonder whether the person guilty of the crimes mentioned above is an agent or a bona fide employer? Contract?

[jeffinflorida]

At first glance it sounds like his "friend" might be a prostitute but then if I remember correctly pimps usually take 50%

[Babala]

I am still unclear about this "work permit". Your Z visa is in your passport, so if he has his passport, he has the visa or are you referring to his foreign expert's license(which is the school's property). The release letter is essential, your friend needs to get one. How bad of terms did he leave on? Did he do a runner? Most cities are getting more strict about not changing a tourist visa into a work, many will not do it.

[tofuman]

"Why didn't the FT ask for written guarantees? Are we expected to be so gullible as to believe FTs arrive here without an inkling of how unscrupulous local bosses can be???"

Unless a person has a background in law enforcement, organized crime, narcotics trafficking, or forensic mental health, it would be difficult to begin to imagine the dishonesty and deceit that is a way of life for our Chinese employers.

That is one reason why the emphasis of some on academic requirements is so misguided. A resume that included prison time, including membership in a white supremacist gang, would be much more useful than a bachelor''s degree in many situations.

[Norman Bethune]

The original post was very confusing, to say the least. Followups made the issue even more confusing.

He does not have a residence permit. He does not have a release letter from his previous employer.

Mention has been made of a "work permit", I have no idea what document that refers to (FEC perhaps?)

A look at that Z visa in his passport may be in order also. Single entry or multiple entry? When does it expire?

One thing is certain, his legal status in China is currently in question.

Why take chances working or staying illegally? Is he willing to pay penalties should things get way out of hand?

A run to Hong Kong may be in order. But if he doesn't have the right paper when he does so, he may even find leaving China difficult.

[Plan B]

For those who think it is strange or unusual that I am writing on behalf of a friend, it is simply because it takes a few days to register here, and he is in need of some advice now.

To counter any claims of naivety, I can only echo Tofuman - When you arrive in this country and the school informs you in good faith that they need to hold various pieces of documentation that you know nothing about, would you truly believe anything different? I am sure that he did not have the good fortune to read up in this forum before making his decisions - obviously misguided in retrospect.

[Roger]

Your latest post clarified things somewhat. I reacap as follows:
- Your friend now has a visa which expires in August of this year (or last year???)?
- his former employer kept his Foreign Expert cert?

I think his situation is totally normal: he has a few more months (perhaps) on an unexpired work visa; however, he is no longer entitled to working since he lost or quit his job. He can now use it as a tourist visa.

It is customary for a foreign national to surrender their FEC (or, as in most cases, never actually own it). He doesn't need it at all; it enabled him while being employed to convert his RMBs into foreign currency, but having lost his job he can no longer change money into a foreign currency. He could not do it anywhere since losing his job because he must supply salary slips to support his claim to changing money at the local branch of the BOC.

[Norman Bethune]