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anonymous
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Q: Reference letter and Release Letter

I leaving my current job and have given them a months notice as per contract however I called in sick on my third last day now they are saying that they will not give me a release letter or reference letter for my new job and that they are not going to pay my last months wages.

I'm currently on a resident visa and I have my foreign expert certificate so my  questions are

Do I have any legal right to these letters?

Are they really necessary?

Can my new employer change my visa without them?

Can they keep my last months wages?

Who should I talk to about this issue?

Thank you.

12 years 5 weeks ago in  Visa & Legalities - China

 
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Posts: 3025

Emperor

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1.- Yes, you have a legal right to receive those letters, and PSB is getting upset at some employers for not giving them.  In theory they have 30 days maximum to give you those letters.  But here in China, the attitude is to do as I please, not as I have........

2.-  Yes, they are required to change the employer name on your work permit t PSB, but if your new employer has "good friends" IT COULD BE DONE WITHOUT THEM TOO.

3.-  Again, if your new employer has permit to hire foreigners, and the right "guangxi", he could get it done.  Nothing isimpossible in China.

4.-  No, I will seek legal advise, maybe a lawyer contacting them in your behalf will be enough to get salary and letters.  Will also tell at PSB they refuse to give you last month's salary.

5.-New employer, PSB, attorney.

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12 years 5 weeks ago
 
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