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Q: Transferring jobs and threatened to be blacklisted...
Brief run down of the situation. .. I had been working for a school for 8 months of the year contract. I decided to resign. I had a letter written that said I had given a notice of 32 days and that they would pay me in full. On the last day, they tried to trick me into coming back by not giving me money. I was able to convince them to pay me that day but only by saying that when I returned to China, I would think about coming back to work for them. If I wanted to, I would finish my contract and one month more. This was all verbal.
When I returned from my trip back home, I started a new job in China (which is why i quit the first one). Upon getting paperwork together to transfer the visa, I learned of the release letter. So, when I contacted the school about getting it, they were immediately stand-offish and pissed. When I met with them and showed them the letter that they had signed saying I had put my 32 days notice in, they said the document was not valid anymore because I promised them I would come back.
Long story short, my attitude and reaction in the meeting was not kiss ass and I was pretty pissed. They refused to give me anything because they wanted me to write a letter saying that I promised to return to work, making the other paper invalid. The new company I have wants to do everything legally so they have hired a lawyer who went with me to the old school to obtain the letter. Now, as it turns out, I need another letter from them because what they gave me was a document basically saying that I didn't work there anymore and had returned everything. The visa agent of the new school says the paper is not enough.
Further, when I spoke with the new company yesterday, they said the old school has already contacted the local government and they want to get me blacklisted. The new company has people they are speaking to in the government to try to help my case, but apparently, the old school has some close connections. The new company is a HK company so .. if I get blacklisted would I still be able to work in HK? Furthermore, what the hell do I do now.. is this Chinese way of making people nervous or can they really blacklist me for leaving their school? I didn't do anything bad, persay, I just didn't come back and they didn't hire a teacher in my place. So they showed face to the parents... But I wrote a letter to the parents to help them not be so embarrassed and blamed myself. Is there ANYTHING that I can do or suggest to my employer to do? Super stressed- thanks.
9 years 17 weeks ago in Visa & Legalities - China
outline the issue clearly in an email to your employer
Calmly and politely ask your employer for the address of your local SAFEA office as you want their help to resolve this issue between you.
back up all communication from now on with emails
type SAFEA in the search box above to help locate this
gather any and all emails that you have ready to bring to your local SAFEA office
Ouch, that's a tricky one...
New laws were introduced last year that gave employers more control over their employees by introducing more consequences for doing a grab and run with your pay check. Companies do have the power to do blacklist you, but it's hard to know if your old company is just threatening you or not.
Getting angry won't get you anywhere and Chinese employers react very very badly to finger pointing and being blamed even if they are completely in the wrong. However, you haven't tried to screw them over, it's not like you ran off suddenly, you gave notice and you have a signed letter from them, so if they do take it to the local government they may look on you favourably.
You can only try talking to the old employer calmly. Tell them that whatever happens now, you aren't going to go back and work for them try and make them see reason.
Blacklisting seems very extreme and I would assume that it's for really bad cases. It sucks but you might just have to wait and see what your lawyer says.
Best of luck.
outline the issue clearly in an email to your employer
Calmly and politely ask your employer for the address of your local SAFEA office as you want their help to resolve this issue between you.
back up all communication from now on with emails
type SAFEA in the search box above to help locate this
gather any and all emails that you have ready to bring to your local SAFEA office
As I understand Chinese law (labor/Contract) matters, you're entitled to quit signed Contract, if your employer didn't comply with their obligations in the Contract, i.e. late pay, more hours required to work than per Contract, apartment not furnished as per Contract,i.e. no teli, kitchen or Internet, and so on.
Same is with employer: FT can get fired, if she/he doesn't respect Contract, i.e. late for classes or missing the classes, intoxicated (substance abuse), and so on.
Blacklisted? First, that's bluff of almost every employer. Second, I believe there is some FT's record at SAFEA, but I don't have proof for that. I'm guessing, if FT breach Contract in one School, SAFEA might deny issuing of the new Working permit later.
By Chinese law, School must give you Release letter and FEC cancel Certificate in 30 days after your last working day, but let SAFEA tell that to your old employer.
I'm not sure, how will SAFEA react, if you quit job/Contract, because other School offered you better money/less hours. In other words, you terminate Contract without valid reason.
Follow Sorrel's advice above and make sure, you'll ask SAFEA's officer for the help & advice. Don't patronise anybody at Gov.'s office.
I also tend to follow SAFEA's advice on dispute.
Good luck!
Tomorrow, I'll find out more but my new employer has just said that I am on the list and cannot work in mainland china anymore. I'll confirm this later tomorrow... once on the list, is it possible to be removed if I have legitimate evidence of resignation or is it once i'm there i'm there and its time to pack it up? The fun part is figuring out what I'll do with my lease of my new apartment and other things that I have already invested in for the move to the new school.
Thanks everyone for the help and please send positive vibes my way! Fingers crossed.
I'm unable to comment for some reason (bad broadband), so:
Where is the (black) list located? Where did your new employer get details about 'you're being black-list-ed'?
If you resign without valid reason, you'll carry/cancel your new apartment by yourself.
In employer's fault for the resignation/breach of the Contract, SAFEA would probably make your old employer to take care about that.
Most of the Contract approved by SAFEA carry free apartment for FT. I'm guessing, you're working without WPermit/RPermit.
If so, disregard advice on SAFEA. They will direct you to return home, because you're working in China without proper docs./as illegal.
tripA:
I haven't actually signed the contract with the new school or started working with them. We are waiting to get everything transferred... More like, I quit and found a new job shortly after. There is no evidence to show that I have been working anywhere else.
The agent is actually the one who said that the school had blacklisted me and also wrote a letter accusing the new employer of having foreign teachers working there illegally, which they do not. They're just nervous because teachers and students want to transfer to this newer school. But I'm not sure if the agent if just bluffing or not about the list. I did nothing extreme or threatening to be in that list. Surely, if I am, there must be a way to explain the situation.
if I am here still in a z visa but not working then I need to change my visa? What happens if I dont change it because I'm trying to transfer it? Anyway, it expires in February so it will be up soon.
tripA:
And apartment I have signed a lease on my own. I am not being provided with any housing from any school. Paying out of my pocket for everything.
icnif77:
Agent will lost pay for your placement, if you quit. That's why threat with 'blacklisted'. If your Contract doesn't state, you'll get free apartment, then you must take care of that by yourself. On all Contracts in China I saw, there is a stipulation about free apartment included.
I've never heard of any (black) list, however I'm convinced SAFEA hold some record on FT (previous work).
You'll find help and advice at SAFEA.
Call the CFTU
expatlife26:
hahahaha nah man I heard they'll shoot you if you get blacklisted...or worse.
Those fanatics take blacklists very seriously.
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I wanted to know if a school can blacklist you with safea so it makes it harder to reapply for a work permit
Stiggs:
I've never heard of anyone being black listed as such - have heard lots of stories of empty threats though - but they might be able to refuse to give you a release letter if they can provide a good reason for doing that when asked why. I don't know this, just guessing.
If they have a genuine reason that could be enough to kill your chance of a new contract.
