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Q: Is Company in the breach of Contract, if they make you work with F visa for 120 days?
First Contract, I signed stated I will work with F visa only 30 days. I start working in the beginning of March 2012, I had second F extension in the end of May.
My Company is offering me new Contract, with sponsorship of Z and Working permit.
I am looking for job elsewhere. I don't want to sign new Contract.
My Company claims, we still have valid Contract, which expire in the end of 2012.
Is Contract still valid, if you work and receive monthly salary with F visa, or is my Company in the 'breach'?
11 years 46 weeks ago in Visa & Legalities - China
Ask yourself this simple question
am I allowed to work in China on a Business visa?
dose a F visa need a residence permit?
if it is OK to work in China on a F visa why would you need a Z visa?
the answer is pretty easy
if the wrong people find out you are in Deep shit.
but if you wait a while somebody else may have a professional legal opinion
Good luck
There is nothing stopping you from applying for and taking alternative employment. If your employer had followed the correct procedure and you had been issued with a 'Z' visa/RP, they would have no worries because you would need a contract release letter.
Because they have employed you on a 'F' visa, they have no such protection and any breach of contract threats that they make are just hot air. They created the problems that they are now faced with by employing you on the wrong type of visa. Just move on!
Thanks, Phil!
Contract with my Company is not valid, because Company didn't arrange everything necessary for new Working permit!
My Company claims we still have valid Contract, and I cannot get job with another School!
My question was: My Company is in the Contract breach, because they didn't get proper documents (Z and Working permit) for work in China?
If answer is 'yes', I can look for another School, which will sponsor proper documents for work in China.
philbravery:
You might have to do the visa run to Hong Kong after you find a school that will take you on.
Most of these guys on here can tell you who to stay away from
You are not the first one to get burnt and you will by no means be the last.
I'm sure the teachers here can tell you a good recruiter to get in touch with
also you can go through the old posts under teaching and I'm certain you will get something there
The only thing your company could do is exactly what they are doing, bluffing their way into your mind to scare you and you will not leave. Legally, there is nothing they can do. Now, be prepared, they may do notify PSB that you were working illegally to get you in trouble. Be sure you do have all paper work showing it was her offering on F visa and later work visa, so if they do, some of the shit will splash on them too.
I was working at Primary School, till last week. I have two months holidays. I am not working anymore.
My Company is offering new Contract (with lousy pay), Z and all work in HK.
They're also 'reminding me, I won't be able to sign new Contract with another School, because our Contract is still valid!'
.
Kaiwen:
Try it for yourself!
I bet you could choose from over 1000 teaching jobs right now advertised within China. If you had a 'Z' visa you would need a release letter. No 'z' visa and you can basically do as you please. They are clearly just trying to blackmail or scare you into signing a contract that sucks. If they are doing that now, things will undoubtedly get worse and, once you do get a 'Z' visa/RP, they will also be able to blackmail you with the release letter.
The alarm bells should already be ringing!
philbravery:
icnif77
Tell them to stick it
You couldn't' have a valid contract with them or you would already have the Z and the residents permit
they know if they get court they will be in more shit than you because you can go home
and they have to stay and pay the bribes to get out of the poo
sounds like a good place to keep away from
School's like to have contracts even while you are still on F or L visas. The contract is completely trash, it has no value whatsoever. If you break it, or they, there is nothing that either one can do. Other than that they may be able withhold paying you your last month's pay.
Perhaps they could get in more trouble than you, so if you don't like the job, just leave.
Also, why didn't they start getting you the Z visa right away? Perhaps they are unable to get it, and they just want to get as much out of you as they can.
icnif77:
I am not sure, why School (Agency) didn't keep their promise about '30 days and new Working permit'. I guess, it wasn't convenient time for it (beginning of semester).
I received offer from the same Agency two days ago. They're 'wondering', if I would change my decision, and work at the School 100 km away from my girl's town.
I didn't reply!
I am waiting for PSB's reply about the city, where I must apply for Z.
