Job Discussion Forums

[elliot_spencer]

Hi guys, after an argument with my boss and me going on strike for the day, my school is refusing to give me my expert certificate and release letter which I need to give to my new employer. What can I do?

Thanks

[catinthehatter]

Sounds to me that you overstepped your bounds. While I laugh at fools who say "oh, well, welcome to China" with the implication that you must bow, respect, and toe the line, you put yourself in this bad situation. The boss is the boss, whether you like it or not, your fault for "arguing." You are also in violation of basic contract law as you have no legal right to strike. You refused to work and technically should be/could be fired.

However, that being said, an employer is still required by law to provide the release letter. Of course, the letter can say that you were fired, that they give you NO permission to see additional employment until the original contract period has expired, that you were a horrible employee, that you should not be hired by any future employers, etc.

They are required to provide it. When they don't, you must go to the PSB and Education Department (and Foreign Expert Bureau) and indicate to them why they refuse to provide the document and hope they can help you out.

Otherwise, you should learn and accept the consequences of your actions. Alternatively, the system affords you the opportunity to allow the powers-that-be to assist you as I noted above. S-O-L is the ultimate 'otherwise."

[elliot_spencer]

it wasn't my big boss.. it was his assistant, we didn't argue as such we just had a disagreement and I refused to cover another class (that was not mine), I am already working overtime.

Secondly, I have a teaching degree and CELTA and MA, I would not settle nor accept the terms and conditions back home, why should I settle for less here in China, why should I bow down and be treated like shit...

My school need me prob more than I need them (I am very well qualified and an IELTS examiner which is a lot more than most ESL teachers in China have).

[chinanoodles]

[elliot_spencer]

I DO NOT believe I should have a red carpet, but I do believe we should be treated and spoken to with a tad of respect, I mean we get treated like dirt... some employers think they 'own' us because they got us a work visa.... what would happen if we were all to walk out... they'd soon be saying sorry!


I have lived in many countries world-wide and China is the only one where I have ever felt disvalued, spoken to like shit and treated as if my employer 'owns' me.

This is not right... I always cooperate, try my best, and do what is asked.. but sometimes employers try to take the piss!

[choudoufu]

elliot, dude, rephrase your OP! you made it sound like you
stopped work....refused to teach your scheduled classes...
for an entire day.

all you did, it seems, is to decline additional classes.
no problem there.

but do tell, how many hours do you teach according
to your contract? how many are you actually teaching,
including overtime? was the extra class paid? what was
the reason given for the other teacher being absent?

[elliot_spencer]

I teach 20 hours per contract now teaching 24. Reason for teacher absence.... people walking out as fed up with being treated like poo...

[xjgirl]

You'll have to play real hardball on this one i think
Give a warning to the big boss, that if you don't get your letter, signed and stamped(u need 2 differant stamps) by Sunday, your time working
at his college is over(though not living,squatters rights!). This must be done face to face, preferably in not too aggressive a tone of voice, also talk yourself up about how much you've done for the school.

To anyone else out there, it's a bad idea to strike, though i agree there's nothing wrong with refusing to take more classes than you're contractually obliged to take

And remember get those letters in early, the earlier the more they have to lose by not providing it

[elliot_spencer]

What happens if you decide to leave post before the contract is up due to working conditions.

[7969]

You may have problems.

[xjgirl]

without the release letter, you won't be issued a new residence permit,
and if u want to remain a teacher in china, u'll end up on an f-visa working for a training centre

[elliot_spencer]

How about if I did a visa hop to HK

[xjgirl]

Unless you actually get a new passport, a visa hop to hong kong in this case
will be useless, as your passport carries the evidence of a residence permit for your current school, and when time comes around and you're in the Entry/Exit Bureau trying to get a residence permit for your new school, the visa officer will see the residence permit and deny your application because there's no release letter from your previous contract

[TexasHighway]

elliot_spencer wrote:

[samhouston]