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Blingcosa



Joined: 17 May 2008
Posts: 146
Location: Guangdong

PostPosted: Sat Oct 23, 2010 3:03 am    Post subject: Please help Reply with quote

Residency permit problems.

My residency permit expires on Nov 1, but my contract expires on Nov 3. What do I do?

My company are pissed off that I'm not signing another contract and have ditched them for a rival company in the same town. They will have trouble finding another teacher. They are looking for any excuse not to pay me my significant end of contract bonus (aprox 20,000RMB).

I have been given the runaround by the school - a long chain of people telling me to call other people, and a series of unanswered emails.

So what do I need to do? Can I just pay a fine at the border? Can I apply for a tourist visa to cover the remaining few days?

I am a New Zealand citizen and this is my first contract. After the contract, I'll go back to NZ for a couple of weeks and then return to work for the new company (and no my school won't transfer or extend the residency permit).

Thanks in advance.
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johntpartee



Joined: 02 Mar 2010
Posts: 3258

PostPosted: Sat Oct 23, 2010 3:32 am    Post subject: Reply with quote

Since you are registered with the local police, tell them what's happening and see if they have any suggestions.
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xiao51



Joined: 06 Feb 2009
Posts: 208

PostPosted: Sat Oct 23, 2010 4:13 am    Post subject: Reply with quote

You are in Guangdong. This is easy enough. Exit to Hong Kong and get a one-month tourist visa or whatever. Or simple end the contract on November 1st. In any case, your NEW school should pick up your residence permit and renew it -- it's the easiest option.
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Sat Oct 23, 2010 9:20 am    Post subject: Reply with quote

Please let us know the name of the company. There are probably advertising right now for your replacement. It would be a tragedy if someone signed with them without knowing that they do not honour contracts.
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Teatime of Soul



Joined: 12 Apr 2007
Posts: 905

PostPosted: Sat Oct 23, 2010 3:58 pm    Post subject: Reply with quote

Have your RP transferred to your new employer. You need just your FEC, Passport and Letter of recommendation/release. Since it is all local, it should be easy. Your new employer can have the PSB press your old employer for cooperation if needed.

Just transfer it, not difficult at all.
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seamallowance



Joined: 20 Apr 2010
Posts: 151
Location: Weishan, Jining, Shandong

PostPosted: Sun Oct 24, 2010 12:22 am    Post subject: Reply with quote

The Great Wall of Whiner wrote:
Please let us know the name of the company. There are probably advertising right now for your replacement. It would be a tragedy if someone signed with them without knowing that they do not honour contracts.
It would be a darn shame, that's for sure, so please let us know the name of the school....
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cb400



Joined: 27 Sep 2010
Posts: 274
Location: Vientiane, Laos

PostPosted: Sun Oct 24, 2010 2:39 am    Post subject: Reply with quote

yes, please let us know. I might just have applied to that school Shocked
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Blingcosa



Joined: 17 May 2008
Posts: 146
Location: Guangdong

PostPosted: Sun Oct 24, 2010 3:06 am    Post subject: Reply with quote

Actually, it is not so simple - they won't transfer because disgruntled.

They transfered me to Shandong, but I am registered for Shenzhen.

Not sure what I can do without the company's help.

I fully intend on telling you the name of the company and their many failings - after I've completed the contract.

If you do your homework, you won't come work here anyway. They are well known as one of the worst in China.
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mrwslee003



Joined: 14 Nov 2009
Posts: 190

PostPosted: Sun Oct 24, 2010 6:09 pm    Post subject: Reply with quote

You can let your new company know what your problem is and maybe they can help.

Or, just hop over to HK on a weekend and obtain a visitor's visa because you need extra days to travel.

Or, go to the local security bureau, police station, and ask them for suggestions or help to get the old company to stop holding you hostage.

Or, do all of the above!

Or, if you have a local (Chinese) friend, ask him/her for suggestions.

Just curious, did you give enough notice to the present company of your
future intentions?

Good luck.
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Mister Al



Joined: 28 Jun 2004
Posts: 840
Location: In there

PostPosted: Tue Oct 26, 2010 3:34 am    Post subject: Reply with quote

You could try to get all the documents you require for a Z visa (to be issued in HK) from your new employer before 3rd November. Leave your job on 3 November as agreed per your contract, hopefully with all monies you are due. Go to HK that day, you may get fined RMB1000 (RMB500 per day) or you might not. Enjoy HK and get the new Z visa and come back.
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Fri Oct 29, 2010 1:37 am    Post subject: Reply with quote

Quote:
After the contract, I'll go back to NZ for a couple of weeks and then return to work for the new company (and no my school won't transfer or extend the residency permit).


1. I don't understand why you would prefer going to NZ than say Hong Kong and returning.

2. Why would the school transfer your status, and why would you want that? If they transfer, wouldn't that mean you didn't work the full year? My understanding is that you get a bonus after fulfilling a FULL year with the school.

3. I thought the normal procedure in these cases was to finish the year, tell "immigration" with the new school you plan on working with them. Then, they will give you a deadline to get the new paperwork in order. The new school would pay for any necessary visa run.

I haven't been here that long in China, but I have dealt with many visa issues in the past (about 10 changes). If you go in alone, you might not be helped much. If you go in with a new employer, you are seen more as an asset and they will let you stay.

I went with my current school and I heard them say repeatedly "keyi" ("you can") for 5 minutes, then we walked out. After a few weeks, I did a visa run. I had to go to the police station twice to update things and nothing seemed to be that big of a deal.

4. Instead of fighting your current school, which is the impression I am getting, I would see the contract out to the end. Don't complain, don't bitch, don't moan over petty squabbles. Make sure you finish the year, and then change to the new school. After that, make a few attempts to collect on any unpaid salary or bonuses.

Maybe someone else can offer a legal route you can take to collect. However, if you leave now before finishing the year I am afraid it might hurt you in the long run and give your current employer a legitimate reason to hold back money you could receive.
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Fri Oct 29, 2010 3:47 am    Post subject: Reply with quote

askiptochina wrote:
4. Instead of fighting your current school, which is the impression I am getting, I would see the contract out to the end. Don't complain, don't bitch, don't moan over petty squabbles. Make sure you finish the year, and then change to the new school. After that, make a few attempts to collect on any unpaid salary or bonuses.

20,000RMB is hardly a petty issue. speaking from personal experience, i suggest it's a lot better to collect unpaid bonuses BEFORE leaving the current school. the key is to be persistent, patient and as calm and polite as possible. some schools will throw all kinds of obstacles in your way before paying out what is owed, and it can be a real minefield, my experience was. but once they used up their bag of tricks and they realized i wasn't going away till i was paid, they finally gave me what i had earned.

There's no guarantee that any approach will work but if one waits till the contract is finished and you've left the premises, collecting on that 20,000 would just be a lot harder since these shysters may not even see you again (you may not be able to get on campus or in their offices again once you leave).
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HiddenTreasure



Joined: 03 Oct 2010
Posts: 81

PostPosted: Fri Oct 29, 2010 5:08 am    Post subject: Re: Please help Reply with quote

Blingcosa wrote:
Residency permit problems.

My residency permit expires on Nov 1, but my contract expires on Nov 3. What do I do?


You had no idea this was going to occur? Say, maybe, for the past year?
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Wed Nov 03, 2010 11:59 pm    Post subject: Reply with quote

You don't seem to have read my post close enough.

Quote:
20,000RMB is hardly a petty issue.


I don't know where 20,000 RMB fits into all this. It can't be a "bonus". We need more details as to what that 20,000 represents.

I used petty to describe "squabbles", meaning don't create new drama and additional disagreements. Go with the flow. My approach is to get the "sympathy" vote from the school. Sometimes you can get 75% of the money owed this way with 5% of the conflict occurring. In Korea, I even got the school to give me a recommendation to different schools so I could get higher pay.

Honey, not vinegar. The original poster screwed up by letting the current school know they were staying in the same area but working with a competing school. There's no point in fighting it now. Hugs are in order.
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Blingcosa



Joined: 17 May 2008
Posts: 146
Location: Guangdong

PostPosted: Sun Nov 21, 2010 1:32 am    Post subject: Reply with quote

Here�s an update:

Thanks for all the advice everyone.

Why go to NZ instead of HK?

Because I needed to return to my home country for my uncle�s wedding, and if I didn�t return home, the company would only refund a one-way ticket.

Askiptochina:
I think you are missing the point. My visa runs out before my job does.

The point you make about not fighting them is very impt and I have been in China long enough to know this. I have been to great pains to try and leverage some guangxi. I presented the principal with an 18yo bottle of scotch, publicly praised the company and offered to return next year on a part-time basis.

It won over in the end. They eventually allowed me to leave 4 days early, as I had six days leave owing. They gave me my bonus too. For Askiptochina�s benefit, this consisted of a month�s pay, $1000US airfare re-imbursement and a few months outstanding class commission. I really didn�t expect them to pay up and release me early. Shows the benefit of a little honey.

So everything worked out fine?

Um, no.

Now I want to return to China, but I can�t get a Z visa.

Why?

My school are refusing to give me the reference, release letter and cancellation of foreign experts certificate.

I thought I could just return to NZ and apply for a new FEC from scratch, but no, apparently I need these bits of paper. I have asked several people (nicely) over the phone and via email for these impt documents, but so far to no avail (3 weeks later). I was supposed to start my new job on Monday, but there is still no visa in sight.

Argh!

Please help!!
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