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Posts: 15

Governor

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Q: Can my employers hire me out to another school?

I mean legally... I work for a private language school and my employers have been forcing me to teach kindergarten for a month now. Even though I know nothing about kindergartens and I am clueless about teaching younger kids. The kindergarten has no affiliation to the school I'm working for. I'm under a contract and I hold a work visa. (If I don't finish my contract I will be subject to a penalty). My school gets paid by the kindergarten for the classes I deliver and they have no intention to let me off the hook. My contract clearly states my job description and my work place, there is no mention of other schools or kindergartens. Besides this kindergarten happens to be out of the town, 40 minutes drive from the city to be exact. So is there anything that I can do to put a stop to this? Can I file a complaint with the Foreign Expert Bureau or something? I've never been that miserable doing my job before. I even thought about running away, since the agencies I have spoken to basically tells me "suck it up" for another 6 months and finish the contract. But there has to be a way... 

11 years 20 weeks ago in  Visa & Legalities - China

 
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Posts: 2604

Shifu

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No they can't! If anything they can fire you then direct you to another job, that kindergarten!

penthesilea:

It's not a question of whether they can. They did. My question being, is there anything I can do to keep them from pushing me around?

11 years 20 weeks ago
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Posts: 1968

Emperor

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Yes, do involve the local FEC for sure; involve the local PSB too (and I mean it).  Generally, the PSB (unless the school has enough relations to cover its arse) will not allow this kind of stunt.  Are you on a proper Z visa/residence permit?  Do you have a proper FEC?  Is your contract with the school directly or with the agent?  Frankly, no, they cannot do this, not legally, not even here, and if you resist a bit and involve the right authorities, they will desist; I have seen that kind of stunt before here.  If you are fully legal and if you have been engaged by school X and if your contract is with school X, then no you cannot be farmed  out. As I said, try the local FEB and then a trip to the local Exit-and-Entry folk at the PSB (the ones who issued the visa -- take a Chinese speaking friend with you).

penthesilea:

Yes I'm on a Z visa and Residence permit and I hold a proper FEC. My contract is with the school directly, I haven't signed anything that involves an agency. What really angers me is that I had no say in the matter when they first brought this up, which was 24 hours notice by the way. A month ago I didn't know how to deal with three dozens of 3-4 year old children for 40 minutes every week day and I haven't got any better since then and I doubt if I will in the foreseeable future.  The whole "teaching" process is torturous for both me and the children. Every morning I'm being forced to wait at the gate to greet children for 40 minutes. On top of that my school recently refused to provide me with the laminated flashcards, telling me printing and getting them laminated would be too pricy. So I'm back to struggling with the pictures of animals that they don't look anything like the actual animals. If there is anyone out there who is considering to take a job in a private school in a less known city in China, think twice before you jump into it. Well anyway since my employers have the audacity to violate the terms of the contract and be rather cavalier about it I figured they must be well connected. I'm pretty sure they wouldn't back out if I filed a complaint but then again I'm tired of being pushed around. I'm ready to fight back but I don't know where to start. The bureau that issued my FEC is in another city. There is however a PSB that issued my residence permit, I was not sure whether my problem fell within their jurisdiction. Thanks a lot for the answer it certainly shed some light to my predicament.

11 years 20 weeks ago
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Tapwater:

You should also ask yourself: "Does my company have any reason to employ me if they don't have me teaching this kindergarten?"

 

I know it sounds like a dick thing to say but you should at least consider that going to the authorities could cost you your job.

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Posts: 15

Governor

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There is something else that worries me, what are the chances of me pissing my school off and being sacked for talking to the PSB officers? I just want to be prepared, if it is likely. I couldn't care less about being fired but then again I need my visa.  

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Posts: 583

Shifu

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They can do only with your consent..beacuse.....work permit is related with a particular employer..if that kindergarden belongs to the same employer then legally it is OK otherwise you can refuse to teach..

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Go to FEB (with Chinese interpreter), and tell them your story.

I am in the similar situation at the moment.

FEB will ask you to write Resignation letter to them. FEB will force your School to issue Release letter.

 

It would be convenient  to have new employer. I am not sure, how much time you have after you receive Release letter to find new employer. I heard, 30 days.

As soon as you receive Release letter from your School, your new School will extend your Working permit, and get you new FEC. You will see different behavior at your present employer as soon as you return from FEB.

 

Most of the things I wrote, I am assuming from my own troubles. Maybe somebody here will correct me.

penthesilea:

The thing is I can't quit my job right now, even if I want that so badly. It's pretty difficult to find a new employer that is willing to renew the FEC and sponsor visa. At least it is for me right now. These things take time. All I want from my employer is to stick to the terms we had agreed upon. 

11 years 20 weeks ago
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icnif77:

They won't stick to it! It is Chinese nature. It makes them warm at heart.

 

I suggest, you start  looking for new employer. In China, you should be 'prepared' all the time. Never talk to only one School at the time. You should always have several positions to start to work at, tomorrow or next week.

11 years 20 weeks ago
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penthesilea:

Well I wish it were that easy. I had several interviews couple of weeks ago, and all the agencies and the school headmasters sang the same song, "you can start ASAP on the condition of keeping your current visa". And everytime I heard  that I was like, "are you out of your mind?" For that reason I'm rather fed up with interviews right now.  

11 years 20 weeks ago
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icnif77:

You (new employer) can keep (extend) your Resident permit with Release letter from previous employer. They can also reissue new FEC.

 

You must have Release letter from previous employer!

11 years 20 weeks ago
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penthesilea:

I'm not sure if you fully understood what I was trying to say. Visas and work permits are tied to the employment, once I quit, I will need another employer that has to be legally allowed to hire foreign individuals, to process my visa. So my problem is so far I haven't found one that agrees to renew my FEC (permit) and my visa. There are tons of jobs out there but only the few of them come with a proper visa. This goes without saying I don't want to work without a proper visa. 

11 years 20 weeks ago
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icnif77:

These are part-time jobs you are working beside your full-time job, which sponsor your Resident permit. 

 

For extension of your Resident permit, you must find School authorized to hire Foreigners.

Try Public Schools. You might get hired in two months, but you'll have new visa sponsor

 

 

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Posts: 1968

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Upon a change of employers under a Z visa that has issed into a residence permit, the new employer cannot just roll over the previous visa but rather must begin anew the entire process, with the exception that since the applicant is in-country, and provided that the previous Z visa / residence permit still has some validity left on it, a new in-country can issue.

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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77