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Q: can my employer refuse to give me a release and recommendation letter?

The school I am working for is refusing to give me a release and recommendation letter.

The school added several things in to the Chinese version of the contract but did not add them into the English contract. The Chinese version is the legal version but the school is holding on to my salary.

Also things I was promised was never delivered and I have a phone recording of my boss accusing me of several wrong doings for example harassing a female co worker and refusing to work all of the accusations are lies.

I handed in my 30 day notice to terminate the contract but my boss is doing everything he can to keep me. He is refusing to give me a release letter and a recommendation letter. 

8 years 32 weeks ago in  Visa & Legalities - China

 
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They are legally required - no matter what - to produce and make available for you within 30 days the Release Letter, which basically says that you no longer work for them (and other details, such as when you started).

 

You're right - in China, the Chinese version is the one that takes precedence (even if it says otherwise on the contracts). However, it's a really nasty thing to do. I don't know if SAFEA would care, but certainly if you name and shame, others may not fall into the same trap!!

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8 years 32 weeks ago
 
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If you followed the contract with regards to resigning than they MUST give you a release letter, but they don't have to give you a recommendation letter and you wouldn't want that because "hey" you're resigning earlier than the real ending contract date , I wouldn't give you one too.

 

Question did they get you a Z visa that is tied to that school and that schools address? If so you can go to the labor department and report them.

wayneroberts:

thank you, yes they got my residents permit and i went to the labour department yesterday .

8 years 32 weeks ago
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8 years 32 weeks ago
 
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They are legally required - no matter what - to produce and make available for you within 30 days the Release Letter, which basically says that you no longer work for them (and other details, such as when you started).

 

You're right - in China, the Chinese version is the one that takes precedence (even if it says otherwise on the contracts). However, it's a really nasty thing to do. I don't know if SAFEA would care, but certainly if you name and shame, others may not fall into the same trap!!

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8 years 32 weeks ago
 
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Employer probably can refuse to give you Release letter, if you violate the Contract, otherwise employer is required to submit RL to you (or your new employer) in 30-days after your last working day ----->Chinese law.

 

Recommendation letter isn't that important, and you can be employed by new employer without it. You must receive RL and FEC Cancellation Certificate, so your new employer can extend your RP.

 

Dial SAFEA (Foreign Expert Bureau) in your Province for an advice and help.

wayneroberts:

Thank you very much.

8 years 32 weeks ago
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icnif77:

I was dismissed in School in Fujian last year without cause. Fujian SAFEA made them let me stay in the apartment 30-days after the Dismissal notice, and school had to give me RL and FEC Cancel Certificate. 

http://en.safea.gov.cn/2013-08/28/content_16927554.htm

Contact numbers on the web link are Provincial FEB's numbers. Better Provincial than local SAFEA, because local Gov. is probably more connected to school than Feds.

8 years 32 weeks ago
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8 years 32 weeks ago
 
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Shifu

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They can if you broke the terms of the contract (terminating early without notice, not fulfilling given tasks, being late for work, ...).

 

If you did not break the contract they have no legal right to hold onto it. The problem is, in China legality is often not what prevails.

 

If they are so desperate to keep you it's probably because they know that they are a shitty school and can't attract teachers easily anyway. Try to play on this by telling them that holding onto your salary is really the wrong way to do it, you would gladly stay if they pay their due now, then play fair and treat you well, otherwise you will leave with or without the money. If it works, get your money and then get the f*ck out of that place.

 

The SAFEA aka. Foreign Affairs Bureau might help you, but they will only if you have a Z working visa, any other type of visa and you are illegal they won't lift a finger for you.

 

Last but not least way and only if you plan to leave China, steal money from the accountant office, or break valuable stuff in the school like computers to "compensate" for your unpaid salary. I do not encourage this but do not let them get away with it unpunished.

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8 years 32 weeks ago
 
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*First make sure you are working under the proper visa and in the same city , if not F!@k off, your fault.*

What people are saying is wrong. No matter what they must give you a release letter along with proof of cancelation of FEC. But they have 15 to 30 days after your last day worked .

You have to carefully plan and think things through. Example, I gave my previous school 60 days notice on the condition that they will provide me with the reference letter within the next 20 days. (make sure it is written as an amendment to the contract and stamped engl and chinese). You have to make sure the ref/release letter is in the correct format and stamped. Go over this with them from the very begriming. 

Always remember that you are dealing with Chinese people. They will make a billion and 1 excuses to stall because they know if they stall enough they can screw you over. Before giving your notice, ask to borrow your FEC to transfer out money or open an account, threaten to call SAFEA if they refuse. (worked for me). Hold on to it until you have received your documents and are ready to to cancel your FEC. Time your resignation date on or the day after payday. As I said, they will stall. if after 30 days they still haven't given you your documents (ref/ release) threaten to walk (after receiving your salary ofcourse) referring to your signed and stamped agreement. 

You want to get your documents before your last working day and while they still need you if not they will screw you over with a bad reference so you can't use it anyway. You have no legal recourse unless you want to give a lawyer 10k and you'll have to leave the country and do it the Z visa way. 

You can cancel the FEC yourself but you can trust the school to do it also. You'll need a copy of the ref/ release letter and the application form filed out and signed by your school along with copies of your passport and the FEC of course. But I will do it myself, they may enter a bad reference at this point.

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8 years 32 weeks ago
 
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can my employer refuse to give me a release and recommendation letter?

They have no obligation to give you the recommendation letter. I would be curious to see that article in the Chinese law saying that your employer must give you the release letter within 30 days, because from my own experience and according to my lawyer at the time I had to sue one of my previous employer, the employer had no obligation to provide the release letter. But the ex employer had the obligation to specify on PSB website that I wasn't working there anymore.

 

The school added several things in to the Chinese version of the contract but did not add them into the English contract.

This is absolutely illegal, the 2 versions should be identical.

 

The Chinese version is the legal version but the school is holding on to my salary.

Unfortunately they often do that, you have basically 4 solutions:
1.Try to find a friendly solution with your employer. (guess you already tried this)

2.Go for the labor arbitration office (your employer has the right to refuse the arbitration request)

3.Go to find the press to pressure the employer (this usually works quite well as it is terrible for their image and face)

4.Go to find a lwayer who will agree to take your case (most of the lawyers will refuse because there isn't much money in it compared to the work they'll have to do. Mine agree to do it for 4000rmb, which resulted in 5% of my claim)

 

Also things I was promised was never delivered and I have a phone recording of my boss accusing me of several wrong doings for example harassing a female co worker and refusing to work all of the accusations are lies.

 

The recording is tricky because your employer could deny… Usually journalists and lawyers prefer a video.

 

I handed in my 30 day notice to terminate the contract but my boss is doing everything he can to keep me. He is refusing to give me a release letter and a recommendation letter. 

 

You did the right thing but I would advise you to go to the PSB and check if your visa hasn’t been revoked.

When you don’t work for your employer anymore, he has the obligation to get your visa revoked.

Your visa will be valid for 30 days after the employer reported you the PSB and immigration office.

(of course it won’t be updated in your passport and you may have a bad surprise when going to the PSB or trying to exit the country after a couple of month, the fine could be up to 200 000 rmb and assorted with jail time)

 

icnif77:

I received that statement ('employer must give Release letter and FEC Cancel Certificate to your or your new employer in 30-days after last working day') from Liaoning SAFEA in 2012 with explanation 'That is Chinese law'.

If FT violates the Contract, I believe matters with both documents are different.

8 years 31 weeks ago
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8 years 31 weeks ago
 
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