Job Discussion Forums

Stosskraft · Joined: 12 Apr 2004 Posts: 252 Location: Japan

Help,

I am currently 3 months into a 6 month contract. A situation back home in Canada has come up and I need to return to Canada fairly quickly. Now I decided to try and do the right thing and tell my headmaster "there is a situation, back home that I need to go and take care of (I did explain the details to him) and I will need to leave for Canada in about a week". Now he did not take the news to well and started calling me a "lair" and a bunch of other nice stuff.

Now I must mention my passport is currently at the PSB in Shenyang getting upgrade to work visa status, and I don't have my passport in hand.

My headmaster explained that because I have a contract with the School and a government contract, that if I try to leave I will be detained at customs, and possibly thrown in jail ! I can only leave China if he signs an agreement "letting me go" and that he will not release my passport to me unless I pay him a 500USD "early termination charge"(it is in my contract).

Needless to say I don't have this money right now to pay him, and after all the passport belongs to the Government of Canada, so how can he hold it from me ?

Now does anyone know about this government contract ? Am I really stuck in China unless he releases me?

Any advice or suggestion would be great, I am going to call the Canadian Embassy in Beijing tomorrow morning.

Thanks,

Feeling Stuck

Crying or Very sad

Louis · Joined: 02 Jan 2004 Posts: 275 Location: Beautiful Taiyuan

My advice is to call the Canadian Embassy in Beijing tomorrow morning. I doubt very much that the border guard can detain you for breaking a contract - sounds like the boss is trying to scare you. Anybody else?

justcolleen · Joined: 07 Jan 2004 Posts: 654 Location: Egypt, baby!

You let your employer have your passport to hold onto?

Do I understand this correctly?

Colleen

Stosskraft · Joined: 12 Apr 2004 Posts: 252 Location: Japan

Well they needed my passport to get a working visa. I was on a "F" visa. He is saying the passport won't be ready until next week.
But he is saying I can't leave the country with out him signing a "termination agreement" or something like that.

Stosskraft · Joined: 12 Apr 2004 Posts: 252 Location: Japan

Here is the response from the Embassy so far..

------------------------------------------------------------------------------------
Mr. xxxxx,
Thank you for your inquiry.
The Canadian Embassy cannot provide you with legal advice and does not become involved in private legal matters.

The issue of course is that you wish to break your contract with the school by returning to Canada. According to Chinese law, if you are under investigation by authorities you will not be permitted to depart. If the employer has not brought the situation to the attention of the authorities and if he has not begun legal proceedings, and if you had your passport in your possession, you would be able to leave China. This is not your situation.

If you have a termination clause in your contract, you must be prepared to pay it in order to be released. You may wish to try to discuss some sort of compromise with the employer in order to have this amount reduced. You do not say if you intend to return to China.

You must be in possession of a valid visa in order to leave China. If, as you say,your passport is currently with the PSB in order to get your documentation, and has been submitted by the school, only the school will be able to collect the passport to return it to you. If they do not agree to do so, you have a problem. You should be aware that you can be fined 500 rmb per day for each day you are without a valid visa and you will also be fined an amount (usually 1000 rmb seems to be the norm) for working without the correct visa.

What the Embassy can do is speak to the school administration to get their side of the story. Please provide me with a phone number where I can contact you, or you can call me at the number below.

xxxxxxxxxxxxx

------------------------------------------------------------------------------------=

So it looks like I am really stuck. I guess I should of just shut my mouth and pulled a "runner", I would have been able to leave.
I guess doing the right thing in China...is not really the right thing......

joe greene · Joined: 21 Mar 2004 Posts: 200

What?? I cannot believe the Canadian embassy's response: it's a private legal matter so they can't help you, but at the same time it's a public legal matter so you can't leave the country?

Whenever you leave your passport with the PSB they give you a paper receipt. Do you have this receipt or does the school? If the school has it, you may be screwed.

Contact the office an elected national official in Canada.

Meanwhile, quickly write a letter to the school. Request that you and the school settle this dispute "through mutual consultation." Submit multiple copies of this letter on paper and through email to all administrative contacts at the school. Send an email copy of the letter to the Canadian embassy.

I don't know the contents of the termination clause of your contract. If there is any provision allowing for a leave of absence, you may want to offer to do this.

Louis · Joined: 02 Jan 2004 Posts: 275 Location: Beautiful Taiyuan

Tell your boss you're staying after all, get your visa back, then pull a runner.

kev7161 · Joined: 06 Feb 2004 Posts: 5880 Location: Suzhou, China

I hate to say it, but I agree with Louis. Is there anyone back home in Canada that would send the headmaster an email confirming the situation? I'm guessing you (or they) are in dire straights as this seems very important to you. Maybe even two or three people with polite, pleading emails will move him a bit.

Stosskraft · Joined: 12 Apr 2004 Posts: 252 Location: Japan

Hey,

Well I though about doing the runner if I can get my visa, but it sounds like I can be detained at customs if the school reports me breaking my contract. Has anyone had this situation arise ?

My contract does state that if I wish to break the contract, I must par the school $500 USD. It looks like I have no choice right now but to scrounge up the money and pay. Now I wonder if 800 RMB apartment deposit and the classes I have (and will) teach this month will factor into this "termination charge".

I am wondering if the school is going to refuse to give my passport, and if the Embassy can or will do anything about this. Does the passport not belong to the Government of Canada ? But it seems they are not concern about the school possible keeping it from me.

The school also if I can provide "original documents" ( not copies or a fax) they might not charge me for the visa, but I will still have to pay the termination charge. Now there is no way I am having my personal documents sent to China, so my headmaster can have his "Lawyer read them".

I understand that I am breaking a contract and I must pay some retribution, but I am not liking the idea of being stuck in this shithole against my will.

Please forgive the babbling haven't slept for about 2 nights.............

Slim Pickens · Joined: 25 Nov 2003 Posts: 299

Roger · Joined: 19 Jan 2003 Posts: 9138

Yes, the work visa in this case has been unduly long in coming... I doubt your employer is willing to fork out RMB 1000 for the remaining 3 months... Did you pass a medical exam? If not, then his is a lie! He can't obtain a work visa for you unless you have passed the medical!

I am sorry too to read of your dilemma; it is now time for you to cut losses; either your boss accepts a replacement you help him recruit, plus a pecuniary "gift", or else - I don't know what!
In any case, you must tread carefully, yet forcefully enough in order to secure your passport again!
A visit to any city in China is contingent upon you owning your passport when visiting there! Or going to see your consulate, a doctor, whatever -0 in any case, you must get your passport! The problem is: he can even deny having it taken from you if you have no receipt!

Milamber · Joined: 17 Jun 2003 Posts: 16

How about this - declare passport lost to embassy, get a new one (temporary - I know a Canadian who did this, he got a year long replacement), and get the heck out of there.

Could happen in a matter of a week or so, and would cost you a replacement fee for the passport, but it's a lot cheaper than paying the termination cost... your call.

Retro201 · Joined: 09 Feb 2004 Posts: 11

This will not work. China has exit controls as well as entry controls. You MUSt leave with the same passport that you entered on. In any event, a new passport will not have an entry visa. This strategy will work in the UK where there are no exit controls.

joe greene · Joined: 21 Mar 2004 Posts: 200

RSB · Joined: 24 Jan 2003 Posts: 21

Retro201
If your passport is stolen, which does happen too frequently in China, how MUST (your capitalization) you possibly leave with the same passport you entered on?????

I know of people who have had no problem either staying in or leaving China on replacement passports.

I'm not an advocate of runners but under the circumstances: tell the boss you're staying, get the replacement passport, get paid and get out