Job Discussion Forums

Adnil · Joined: 15 Jun 2005 Posts: 4 Location: Shanghai, China

I am in the process of leaving my current ESL job in Shanghai for another position (also in Shanghai). I am breaking my contract because it has turned out to be NOT what they said it was going to be.

I have already posted a question about whether or not I'll be able to get another Z visa/residence permit/Foreign Expert's certificate - thanks for the resonses. What I would like to know is - can a Z visa be cancelled (mine is in my passport, so I can't hand it in)? I ask because I am planning on doing a couple of weeks of travel between finishing my current job and starting my new one and don't want to get stranded at the border because I haven't got a visa.

Also, I was told in my last post that I need to get 2 letters from my current employer - one saying I have handed in my FEC, and another saying I'm released from my contract. My boss has said they won't give me a release letter (I'm yet to ask about the FEC letter). Are they legally obliged to provide letters, and if not, how difficult will it be making a new application without them?

I'm stressing out a bit because my current boss is being really uncooperative. Thanks for any help.

Adnil

Volodiya · Posted: Tue Jul 19, 2005 2:53 am Post subject:

Adnil, any document, whether it is a Z visa, Residence Permit for Foreigners, Foreign Expert Certificate or other, which you now hold, is subject to being cancelled if the authorities determine that you are no longer in compliance with the conditions required for their issuance. This can occur without notice to you.

Both the Z visa (your permission to enter China to work), and the Residence Permit for Foreigners (your permission to remain in China to work) are issued based on your contract for employment with a qualified employer.

Unless another qualified employer steps in to offer you a contract of employment under conditions agreeable to 1) you, and the new employer; 2) the authorities; and, if required by either your new employer, or the authorities, 3) agreeable to your old employer, as well, you will be running the risk that these documents will, at some point, be revoked.

The only safe thing to do is to get documented with and through a new qualified employer and receive your documents before you leave the country, on holiday.

Alex_P · Posted: Tue Jul 19, 2005 3:22 am Post subject: Breaking a Contract

Adnil,

Look at what you are writing, please.

1. You are stresssing because your boss is not being cooperative because he will not give you a letter of release because you are walking out on a contract.....

2. I took great pains to explain all of this to you in a previous post.

3. Your boss is NOT legally obligated to give you a letter of release, particularly since you are breaking the contract. Your boss is NOT legally obligated to give you a letter confirming return of your Foreign Expert Certificate, even though you must return the Foreign Expert Certificate.

4. As I mentioned, if your new job is in Shanghai, then good luck, without either of these, it is almost guaranteed that you are going to have administrative problems with the PSB on your new job. If your new job is NOT in Shanghai but in another province, then this should be less of a concern, but that will depend upon the administrative SAVVY of your new employer. Simple as that.

5. Only the PSB can cancel a Z visa, etc. / residence permit (and please Volodyia, I don't want to quibble over terms here), meaning the new in-folio visa in your passport. Nonetheless, if your employer is furious enough with you and makes a strong enough case to the PSB, it is possible that your Z visa may be cancelled upon request. I have also seen that happen before.

6. Why are your bringing all of these nightmeres upon yourself? Have you tried to sit down with your employer and work out a satisfactory departure for both?

I did this in my last position. I worked in a school where the DOS was an American from Atlanta who was a drunk, a real drunk and a pedophile. When he was drunk, he would abuse the other foreign teachers verbally, hurl things at that time, throw cigarette butts in their faces, dump garbage upon their desks, etc. It was terrible. And at the other times he would abuse the students in more private ways. One night, he got totally drunk and set his apartment on fire. He nearly killed all of the foreign teachers. The administration refused to do anything, for whatever reason. I told them that I was leaving for safety reasons. They didn't like it. We negotiated for a month and I got a letter of release (I paid a fine, though), the FEC return letter, etc., etc. And I moved on to my next job. At my next job, sure enough, the PSB asked for all of these papers immediately. And when we produced them, I got my new FEC in one day, and my residence permit in three days.

But I sense that you are young and that you will do as you wish.

Volodiya · Posted: Tue Jul 19, 2005 3:33 am Post subject:

I don't blame Alex_P for appearing a little wrought up at this latest posting, Adnil. He did, indeed, go to a lot of pains to analyze the situation and offer practical advice the first time round, as he's done again, now.

For those who would like to see the details of Alex_P's previous reply-

http://www.eslcafe.com/forums/job/viewtopic.php?p=272251&highlight=#272251

Babala · Joined: 28 Jan 2005 Posts: 1303 Location: Henan

Adnil,
Have you taken any of the suggestions put to you in the last post? I suggested that you pay for any expense the school has paid for (visa, medical..) and that you offer to help them find a new teacher and stay until the teacher arrives. Alex_P is right, if you are staying in Shanghai, without that release letter you will doubtfully get another visa.

Alex_P · Posted: Tue Jul 19, 2005 4:41 am Post subject:

Adnil · Joined: 15 Jun 2005 Posts: 4 Location: Shanghai, China

Look, I may not be leaving because of a violent alcoholic pedophile, but I am not leaving my job JUST because I've been offered more money (as I pointed out in the last thread). My boss's uncooperative-ness is part of a vindictive pattern of behaviour I have had directed at myself and my coworkers since I started there. The school has deliberately misled and lied to me from the very beginning, they have under paid me and I am not happy working there. I signed the contract based on false information from the school, so judge all you like, I will not feel guilty for leaving.

I have given them one month's notice as is stipulated in my contract. They already have a new FT, and I have said and intend to do everything possible to make a smooth transition for my classes between me and the new teacher. I am also making sure any outstanding assessment is completed before I finish.

My new boss is aware of the situation, so I guess I just have to hope they've got some Guanxi

Alex_P, your responses have been really helpful, and I'm grateful. I've been in China for 4 months, so I'm having trouble with all the ins and outs.