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Q: Is my Residence Visa in jeopardy
I am about to resign from my job due to various reasons, but chiefly because I am hating living in an extremely remote location and cannot imagine how bad life will suck if I stick to it and finish my contract (another lonely 9 months to go, yowza!)
There is also some contract violation on behalf of my employer which at first needled me, but now I'm thinking this actually might work in my favour.
My question is when I resign to begin work elsewhere in China , can my employer retract my Residence Permit (currently valid until 28 April 2017)? Or will the thing expire naturally?
And what can I do to ensure I am given the all-important release letter? They are not the most transparent bunch and I am anticipating some resistance and possible maliciousness on their side.
Thank you.
7 years 20 weeks ago in Visa & Legalities - China
Dial SAFEA and ask them for advice and help.
Respect Resignation notice written on your contract, i.e. 'don't walk away'.
Your employer is required by Chinese law to give you Release letter and FEC cancellation certificate in 30-days after your last working day stated on Resignation notice.
Your new employer will need both documents to apply for new FEC and change records at PSB about your (new) RP sponsor.
Enter 'SAFEA' in search above for address and contact no. in your Province. Dial the phone and don't use email address posted on the web link.
Your employer won't/can't cancel your RP if you submit Resignation notice, because of contract violations.
Your employer can hold you only by not issuing Release letter, so ask FEB for help.
Good luck!
Spiderboenz:
Under certain circumstances (a midnight run/serious contract violation) an employer can refuse to give a release letter.
icnif77:
30-days Chinese law requirement applies in examples, when employee resigned, because of employer's Contract violations, i.e. 'apartment not suitable for living', 'late or no salary payments', 'required to work more hours than per Contract' and similar.
Katet:
Thank you icnif77. Definitely not going to do a runner as I realise that will muddy my case significantly. Appreciate your helpful advice.
Your employer can cancel your RP. Go to the PSB with your release letter and you will get a one month tourist visa.
Dial SAFEA and ask them for advice and help.
Respect Resignation notice written on your contract, i.e. 'don't walk away'.
Your employer is required by Chinese law to give you Release letter and FEC cancellation certificate in 30-days after your last working day stated on Resignation notice.
Your new employer will need both documents to apply for new FEC and change records at PSB about your (new) RP sponsor.
Enter 'SAFEA' in search above for address and contact no. in your Province. Dial the phone and don't use email address posted on the web link.
Your employer won't/can't cancel your RP if you submit Resignation notice, because of contract violations.
Your employer can hold you only by not issuing Release letter, so ask FEB for help.
Good luck!
Spiderboenz:
Under certain circumstances (a midnight run/serious contract violation) an employer can refuse to give a release letter.
icnif77:
30-days Chinese law requirement applies in examples, when employee resigned, because of employer's Contract violations, i.e. 'apartment not suitable for living', 'late or no salary payments', 'required to work more hours than per Contract' and similar.
Katet:
Thank you icnif77. Definitely not going to do a runner as I realise that will muddy my case significantly. Appreciate your helpful advice.
I was in a similar situation and not only got all my paperwork to transfer jobs, but also got back all the money my boss took from my salary (through the help of SAFEA).
Gather proof....any way necessary. Message me if you can't.
Start reporting everything to SAFEA first through a call, then through email (a representative will give you their email) along with the proof (photocopied, stamped papers...very easy to come by if you have access to their computers..there are many ways to acquire it).
SAFEA will give an ultimatum: he/she has to let you leave with the paperwork to transfer jobs (or get a new visa) or he/she gets fined. Or you could stay and resolve the dispute to finish the contract.
I chose to resolve the dispute and stay... then when she broke the new agreement, I sent proof of that, too.
It only made my case stronger and I walked out with 20,500 RMB (stolen wages) and all my paperwork.
You can do it if you're careful.
If it is minor violations there's nothing you can do. If they owe you money, SAFEA can help (as others stated gather proof, not what you feel, not what you say happened, actual undeniable proof).
Be a grown up, find a job first, then give your 30 days notice, pay the early escape penalty (only upon receiving your docs, make sure you educate yourself as to what they are)
Do research into the city before applying for jobs in that city, you ending up some place that you can not stand is your own fault, take responsibility for it.
If you're just lonely, ask a Chinese friend to help set you up on momo or on a popular dating website. Learn to be an adult and solve your own damn problems.
