Job Discussion Forums

[coffeepresto]

Hi everyone,

Regarding the release letter, I have heard so much conflicting information that I don't know what to believe.

Right now, I am working for a really lousy language school that has just made life unpleasant and I want to get out. However, I know that the school has a history of withholding release letters.

First of all, do I even need a release letter once my visa expires? (I'm on a z visa/residence permit).

Do I need a release letter if I accept a job in another province (namely, Zhejiang)?

If I do need it, how could I obtain it?

The school has not technically breached the contract, so I am afraid that, in the event that they withhold the letter, I wouldn't be able to take them to court.

Any info would be greatly appreciated. Thanks!

[dog backwards]

The release letter indicates that you are released of all obligations to the school because you have fulfilled the terms of your contract. It sounds as though you want to break your contract.What do you expect your employer to do?

[bythebookie]

And you will continue to get conflicting information despite the conflicting information in all the searchable threads here.

Technically speaking a "release letter" is not required once a contract is completed in full. However, since the new process and form is essentially a letter of recommendation/release letter rolled into one, you still need a document to indicated you completed your contract. It's not a "release letter" since you're not leaving a job before contract completion. However, you still need proof of a contract honored to completion.

There are legal formalities and processes to avail yourself should your employer not provide the legally required documentation.

Who cares if they are making life unpleasant. You signed a contract ! Honor it - at least to the terms of the contract. Most contracts should have a way out of it - likely with penalties. Either accept the penalties and suffer the consequences or "be a man" and honor what you agreed to. "Unpleasant"ness is not a legal stipulation to violate a contract. Keeping in mind of course, the employer is 100% within its right to provide you a document that you are being released BUT NOT give you permission to acquire employment elsewhere until the term of employment with them is expired per the contract.

Time to be professional and stick with what you agreed to or take the smack on the butt of consequence.

[milkweedma]

If the employer is reneging in any way on a verbal or written agreement....then stuff him do a runner. Don't put up with any B.S. from an employer and don't listen to posters who tell you to "harden up". It's just more illogical B.S.
Chinese contracts are extremely flimsy and only benefit the employer so if they are being unreasonable just disappear.
You can still show up in another province and get a job.

[coffeepresto]

Thank you for all the information. Yes, I am considering breaking contract. According to my contract, I am allowed to break it if I give a month's written notice, which I think is fair, since it gives the school a chance to find a new teacher. So I'd rather not pull a runner. However, just to clarify - if I take a job in a different province, I don't need a release letter, correct?

Assuming I break contract in accordance to the conditions of the contract and the school STILL withholds the letter, what are my options?

Bythebookie, thanks for the info. Speaking of being professional, with all do respect you have no idea what my situation is so I don't appreciate the lecture. All I'm asking for is information so that I can make an informed decision.

[CJD]

if you want another school to get you a z-visa/res permit then you still might need the release letter, even if it's in a different province

[askiptochina]

[dog backwards]

It's not a "release letter" since you're not leaving a job before contract completion. However, you still need proof of a contract honored to completion.

Pray tell, what do you think a release letter is?

[daCabbie]

[7969]

[Lobster]

Well, I not actually sure what this form is called in English, but it's a standardized one-page form giving dates of employment, general comments on your work, etc.

I will agree with daCabbie here, but not really with milkweed.

My personal experience was that when I went to renew my visa in Shanghai, they required the form from my previous employer in Nanjing. I had the form, but it was chopped by the school and not the business entity, and they really made a stink about it. It was touch and go. If I hadn't had the form at all, I have no doubt that my visa application would have been denied even though the form was ok in terms of getting my FEC.

Now, different cities may treat this issue in different ways, but I now realize that not having the form correctly completed can lead to a big headache at the visa office.

I suggest that FTs include a clause in their contracts that specifies that this form will be provided with positive comments should the FT complete the contract or end the contract before the completion date with adequate notice.

FTs need to try to skillfully negotiate themselves out of undesirable positions rather than just pulling a runner, unless of course they never plan on working in China again on the same passport. A teacher shouldn't leave until after all attempts to remedy the situation have been made. Terminating the contract under the terms specified is not breach. It is up to each individual teacher to decide whether they want to continue in a position for any reason or leave their employment. It's just important to do it the right way.

Running, IMO, is only an option when the FT feels that their safety is endangered or when it is clear, based on prior behaviour, that the employer will take puntitive, illegal financial actions should the FT leave according to the contract terms (e.g. by unlawfully withholding their last month's pay.)

You negotiate, but don't pull a runner when:
You get a better offer from the competition.
The computer in your office/classroom stops working and won't be repaired promptly.
Your girlfriend is moving to another city and you want to follow her.
The schedule is changed without notice for the umpteeth time.
You get a negative assessment from a 9 year old student or some staff member with no teaching experience.
Your pay is 3 days late once or twice.
Your apartment loses power, gas or water for 3 days.
You have to "make up" holidays to get more consecutive days off later.
You can't control your class and wind up teaching in a zoo.
You don't like the textbook.
Your boss drives a BMW and charges students an arm and a leg.

Am I wrong?

RED

[coffeepresto]

Wow, thanks for all the info. It looks like I really would need this document as I want to work at a legit, reputable school in the future. However, it turns out that breaking contract legally would end up costing me a small fortune, so I think it's best that I stick it out.

Thanks, Lobster, for the advice. I agree with you that pulling a runner is not the best option, and I wonder if I could negotiate. My situation is that I am responsible for teaching 15 different classes (not hours, classes), 8-9 hour teaching days, some in a private training center and others in a public school/zoo where my employer farms out FTs solely so that he can sell books. FTs here are constantly pushed and even guilt tripped into taking extra classes (sometimes the night before) because the school won't employ more teachers. Lately they have also been rescinding promises of the end-of-the-year bonus. I understand that in China there are many private language schools with similar conditions. Does anyone have any advice on how I could negotiate?

By the way, I should also mention that I recently found out that I haven't even been hired as a foreign expert here. The school called me up and told me that if the police ever question me (though I don't know why they would), I should tell them that I just write books. I've asked around, some people have told me this is a hugely illegal, others say it's nothing and that it happens all the time, so I don't know what to believe. It could be because that I'm not old enough to be hired as a foreign expert (I'm 23, I think you need to be 25 in this province). I also don't know how this complicates things in terms of the release letter.

[7969]

[coffeepresto]

Here's the weird thing, I do have a Z visa, just not a FEC. What does that mean?

As for the contract, yes and no - it lists some things, like the possibility of working at different locations, but the details, I now realize, are pretty vague. It's a 25 hour contract, perfectly reasonable, but never mentioned the number of classes I would be responsible for.

When I first started, I didn't realize that I COULD refuse certain things. Now I routinely say no to extra work ESPECIALLY when they pull out the guilt tripping. That particularly makes me angry. The 15 classes a week/public school thing though - I said anything.

Once my contract is up and I have my bonus, I will be sure to write a thorough review of the school as a warning to prospective teachers.

[Riviello]

Perhaps I'm wrong, but, if you work at a Training Center you would not receive an FEC. Just an Aliens Work Permit.

Only "real" schools can apply for a FEC. Training Centers = whatever you have.

Love & Peace

Yunqi