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marg252
Joined: 25 Mar 2007 Posts: 55
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Posted: Wed Mar 12, 2008 7:55 am Post subject: Can we actually be blacklisted? |
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I keep hearing of this legendary blacklist and how if you are put on it you can no longer work in China. I foresee some potential issues with my current employer over some money stuff. If I have to leave my contract, can he actually do this to me? I have no issue with leaving my job, but I do not want to leave China. Yet...
If this helps, he did not sponsor my visa. I'm currently on a tourist visa (long story). So, I don't think that there is any record of me having worked for him.
And, before I get flamed, I'm going to try to work it out. I actually like my school a lot. |
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Mpho
Joined: 30 Aug 2004 Posts: 58
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Posted: Wed Mar 12, 2008 8:04 am Post subject: Blacklist |
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Yes, there are actually two blacklists in China, one at the provincial level and one at the national level.
Many provinces have a blacklist of teachers who leave their posts early on a midnight run. It is difficult for them to get another job in that province.
There is also a national blacklist of foreigners who have been asked by the PSB in any province to leave, i.d. religious, political or criminal reasons.
However, if you are working on a tourist visa, your employer is/has hired you illegally and could get in trouble if found out. In some cases fined, in some cases his school license removed. He also if he has enought political pull could get you in trouble by turning you into authorities for working illegally in China.
Mediation is always the best route.
Mpho |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Wed Mar 12, 2008 9:56 am Post subject: |
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Pretty much concur with Mpho.
Every foreign teacher has a file at the provinvial level. As far as I know the provinves still don't share this with each other.
Do not think just because you are on a tourist visa you have no paper trail. For instance, I know specifically of a person who was asked why he was in China on a tourist visa for several years. He wisely quickly left for another province. that happened this past year. Many reports of the PSB going to the language schools they know may be hiring illegally, checking visa.
A disgruntled ex employer would probably not turn you in for risk of exposing himself, but it happens. |
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malu
Joined: 22 Apr 2007 Posts: 1344 Location: Sunny Java
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Posted: Wed Mar 12, 2008 1:13 pm Post subject: |
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The following is paraphrased from one of our FAO bods after his tongue was loosened with baijiu. I can't vouch for accuracy, but I don't have reason to doubt it:
1. In Guangdong province there is no such thing as a 'blacklist' of foreign employees who have skipped out on contracts. Really isn't any business of the PSB to keep such a list. However, there is no real incentive for an employer to inform the PSB that said foreigner has done a flit - indeed, there may be a bit of lost face when they do - so foreigners applying to work in the province while an existing RP is still technically valid run into problems with the system. Their inability to get paperwork for the new job is often assumed to be the work of a blacklist, but it is just caused by the wheels of bureacracy grinding to a halt.
2. Foreigners who have been kicked out for criminal offences/positive HIV test/political activism/spying most certainly do go on various blacklists with the PSB and are likely to be picked up at immigration on entry. |
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marg252
Joined: 25 Mar 2007 Posts: 55
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Posted: Thu Mar 13, 2008 3:37 am Post subject: |
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Thank you, everyone! |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Thu Mar 13, 2008 4:38 pm Post subject: |
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Agreed, most schools don't want to admit their teachers ran away. The first question is why? Not the PSB, but the Province Education Bureau does keep a file on "bad teachers", well, really every teacher, and will not give a work permit to a teacher who is on their "blacklist". This is in a direct conversation. But this rarely happens, schools rarely report such a thing. But yes, a teacher doinga midnight run does create possible paperwork problems.
For instance, again, the Province education bureau issue the work permit. The work permit invitation letter gets sent to the home country, and by their rules (not always followed), or guidelines, anyways, if you are in country already, they can not issue a invitation letter, which is the first cog in the wheel towards a RP. Does that make sense? If you go to another province, at least in the past, these problems are eliminated
Oh, the PSB as an organization doesn't care about you and your school fighting about money issues, etc. Not their job
Anyways, have some Baijiu and it will all make, sense, or at least you won't worry about it anymore |
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lf_aristotle69
Joined: 06 May 2006 Posts: 546 Location: HangZhou, China
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Posted: Fri Mar 14, 2008 4:36 am Post subject: Blacklists ??? |
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arioch36 wrote: |
Agreed, most schools don't want to admit their teachers ran away. The first question is why? Not the PSB, but the Province Education Bureau does keep a file on "bad teachers", well, really every teacher, and will not give a work permit to a teacher who is on their "blacklist". This is in a direct conversation. But this rarely happens, schools rarely report such a thing. But yes, a teacher doinga midnight run does create possible paperwork problems.
For instance, again, the Province education bureau issue the work permit. The work permit invitation letter gets sent to the home country, and by their rules (not always followed), or guidelines, anyways, if you are in country already, they can not issue a invitation letter, which is the first cog in the wheel towards a RP. Does that make sense? If you go to another province, at least in the past, these problems are eliminated
Oh, the PSB as an organization doesn't care about you and your school fighting about money issues, etc. Not their job
Anyways, have some Baijiu and it will all make, sense, or at least you won't worry about it anymore |
Hi All,
It's been a while.
I can't say either way whether, or not, there are formal blacklists. But, it's a moot point in some ways if someone in a school's admin has a close relationship with someone in a city/town or district's PSB (or as someone mentioned the PEB - Public Education Bureau) then they will find some way to stuff you up in that province at least.
Within the last year I have heard that someone who was 'black listed' in HuNan (where she had done a midnight run from a school where I worked... It wasn't me... honest...), may have been kicked out of China (she was working in HuBei at that stage) due to deliberate Chinese administrative action.
However, I am not yet sure whether or not there was a direct connection between the Chinese authorities in each district. I do know that the FAO from the HuNan school tried to pursue matters as far as he could through the local HuNan PSB at least.
I'm interested to know...
Are we unsure whether, or not, they (district/provincial blacklists of teachers) really exist because they are under the table (not lawful) or just because we don't know where to look in Chinese laws and regulations to find if they are fact or fiction?
Ciao!
LFA |
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arioch36
Joined: 21 Jan 2003 Posts: 3589
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Posted: Fri Mar 14, 2008 5:18 am Post subject: |
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I can say for sure that the PSB keeps a file on each foreigner, and the Henan waishiban/FAO/SAFEA keeps a file on each foreign teacher. The Provincial waishiban can keep you from teaching, the PSB can keep you fromlving here.
I had a dispute with a school a few years ago. The school claimed they didn't pay me because I was a terrible teacher, etc. Luckily I did a good job, and both the students and Chinese c0-workers said very positive things. The Henan waishiban told me that if what the schoolhad said was true, I would have been "flagged" and not given a FEC in the future, or offered an invation for work ( either of which is neccesary to work legally). They then told me they would be more then happy to help me get a job at another school, and asked the school leader to resolve the problem as quickly as possible (ie, pay me now!), which the school did |
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