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Sign up with Google Sign up with FacebookQ: is it legal for the Agency to keep my Work permit? How Can I get it if they refuse to give it to me?
The Agency is keeping my work permit citing " education bureau Needs to check sometimes", " you might lose it" and " we keep all teacher's work permit and everyone gets it back after the contract".
Is it illegal for them to do this? Should I report them to the authorities?
Please let me know and give me some help.
Thanks!
3 years 44 weeks ago in Visa & Legalities - China
To which authorities do you want to report it? Bureau, which issued your WP?
If 'yes', then you should just ask them about legality of withholding your WP.
Since, Labour law changes in 2017, I am not too familiar with the matter, butT ...
It use to be SAFEA (Foreign Expert Bureau), but that Chinese org. was disbanded or renamed in 2017.
l learned a lot about Labour law regulations considering 'contract' and other rules about employment of laowai in China by dialling SAFEA often.
I suggest, you find out which Bureau issued your WP and ask them about it.
Please, let is know the results of your inquiry. Good luck!
To which authorities do you want to report it? Bureau, which issued your WP?
If 'yes', then you should just ask them about legality of withholding your WP.
Since, Labour law changes in 2017, I am not too familiar with the matter, butT ...
It use to be SAFEA (Foreign Expert Bureau), but that Chinese org. was disbanded or renamed in 2017.
l learned a lot about Labour law regulations considering 'contract' and other rules about employment of laowai in China by dialling SAFEA often.
I suggest, you find out which Bureau issued your WP and ask them about it.
Please, let is know the results of your inquiry. Good luck!
I believe you will find that your FEC says "Issued to bearer" or something similar. The bearer being you who bears it and produces it when required by authorised officers.
icnif77:
FEC was discontinued in 2017 and replaced by ABC or something similar card.
However, Work permit is (was) document on A4 paper which one must present when applying for Z visa at Chinese embassy. It is not an ID document with photo.
Employing Co. in China must apply for WP at some Chinese gov. Co. That Co. was 'SAFEA' before Labour law novelties in 2017.
I am not sure what WP serves after you apply for Z and enter China. Before Law changes in 2017, WP was of no use after one started working at Co. which sponsored WP/Z visa.
If I remember right, Embassy kept WP after they issued Z visa ..
Sandnose:
FEC exists in my city. I have one :-D. There are some ABC cards here too but it's not fully changed over for whatever reason. But the same is true for whatever documentation you have. It's your document just like your passport. Issued to bearer. Nobody sane would let some shady agent take that so why any other important doc?
icnif77:
OK, that's new to me ... that Foreign Expert Certificate (FEC) still exists. As posters were saying here, FEC was replaced by ABC card even when I was still in China.
However, doesn't matter what, if document carries your photo, it belongs to you and only you!
I used to use FEC together with passport at ID-ing. Cop would ask me for the FEC ...
Now, Working permit was a piece of paper with big red stamp on the bottom. Whole text was in Chinese except your name and no pic. It was used only at Embassy for application for Z.
WP didn't matter even when you changed the jobs while on Residence permit ... I am sure, Embassy kept WP when issued new Z visa.
I am just not certain how all that process for laowai has changed since 2017 when Labour law novelty came out and ... I left China, so WP might be relevant today.
It is also, OP might doesn't name the document with the right title, i.e. OP might talks about FEC and calling it WP. We'll see ..., but that would completely change the answer.
FEC belongs to the bearer and it must be presented together with passport at ID-ing.
FEC must be submitted to the employer a month before the completion of the contract for cancellation. That rule was valid until 2017.