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Q: Employer Refusing to Cancel Work Permit
My employer is refusing to cancel my work permit..
They said the process started in February but they are dragging on..
I contacted SAFEA but they said just talk to my employer!
What can I do?
6 years 3 weeks ago in Business & Jobs - China
This is a bullshit post!
Globalnewsasia is a crap Wechat subcription "news" group, also linked to "Expatrights"
another Wechat "news" page.
They're both run by a Reddit user called /u/PostNationalism who has created an expatrights sub on Reddit.
He's full of crap.
I don't understand your post.
Why would employer be required to cancel your WP?
You might have more luck by calling SAFEA out of our link here. Listed SAFEA's offices around China are Provincial HQ and you will most likely be able to speak English with agent responding your call.
Enter 'SAFEA' in search above for web link listed on the thread: 'SAFEA's address & contact numbers ...'
GlobalNews.Asia:
yes. i'm not sure i got all the terminology correct.
basically they are 'refusing to fire' me. my resignation was handed in on february 11th but they have done nothing about it and blocked me.
i called safea but they said I should talk to the company...
icnif77:
Did you submit Resignation notice with listed last day of work?
Did you list the reasons, why do you want to terminate the Contract?
SAFEA is advising you to settle the matter with the School, first.
Try with call to Provincial SAFEA out of my link and tell them you cannot reason with the School.
Ask responding SAFEA officer for advice and help.
Do not boss them anyhow, but ask for help in solving the matter with School.
I usually asked responding officer for his/her email address and offered detailed problem explanation over the email.
Good luck!
icnif77:
Most likely, School doesn't want to let you go, i.e. terminate the Contract.
Reasons, why did you terminate the Contract are utmost important!
If School doesn't agree with your Termination or your termination is without School's Contract violation, you might be required to exit China with short packing time.
Once, foreigner in China terminates the Contract without valid reason of commits bad Contract violation (or light crime), required exit is only 7-days in length ... i.e. you might be better off to stay at School and complete the Contract.
Month before Contract expiration, you can start with 'process of changing an employer' and move to the new job site without exiting China.
WP termination by the employer is always followed by Residence permit termination with required 'exit' time given. Exit China time can be short (7-days) or up to 30-days, what depends on reasons for Contract termination.
You can change your employer in the middle of the Contract only if party A (School) violated the Contract.
You won't be able to change your Residence permit sponsor (School) without required exit, because you don't like the city anymore or other trivial reasons. You need 'Contract violation(s) by party A' to transfer RP sponsor without exiting China.
Advertise bible study classes in your apartment, start a free T...t wechat group and stop wearing clothes when you go outside.
Results guaranteed.
Some more details would be helpful.
Do you have another job lined up?
You're either lying or don't know anything.
Once your WP is turned in, you get a receipt, that's all you need to apply for a new job. That small piece of paper, even just a copy
This is a bullshit post!
Globalnewsasia is a crap Wechat subcription "news" group, also linked to "Expatrights"
another Wechat "news" page.
They're both run by a Reddit user called /u/PostNationalism who has created an expatrights sub on Reddit.
He's full of crap.
Maybe the poster is trying to make an excuse for not getting hired by another school.
It is a responsibility on the part of the employer to cancel a work permit of an employee as long as the contract is near to finish especially when the employee found a new job somewhere so the new employer can renew the work permit.
Hello everyone, I have one question. I signed a contract with a school months but I only have the work permit in pdf. Because I have known recently many things about the school, I told that I didn´t want to go. They told me that as we have a signed contract, they can include me at "blacklist" and I wouldnt be able to come to China to work in a future. I want to know if it is possible because I have not started to work, I have no visa, I am not in China... Is that possible? Thanks
icnif77:
Where did you study English? You have nice syntax ...
Once, School has Contract with your signature and other details as passport, diploma and similar, they can apply for Working permit.
When School send you Working permit, you are entitled to pick-up Z/Work visa at Chinese Embassy in your home country.
Blacklist you? I don't think so, but you might experience problems when your new employer in China will apply for new Working permit, i.e. SAFEA might deny issuing new WP for you.
I am talking out of common sense. I didn't experience such a thing myself and I've never read about it anywhere.
You will see the results of not honouring signed Contract, when you'll sign new Contract with new employer. I'd say, you might not get new WP, which you must present at Chinese Embassy, when you apply for Z visa.
If that happens, you can just move elsewhere ... Taiwan, HK, Vietnam.
WangNan2020:
I'm puzzled why you wanted to start a sub thread under other people's thread. Anyway you should know that a signed contract is legally binding, by signing yet not entering into it it means fault on your side, legally I mean. It's unbelievable what the school told you about not letting you into the country, sounds BS to me, but who knows, the school might have connections with the immigration authority to"do the school a favor"! Why don't you think of a better way for exit?
One of my past employers did the same to us the foreigners working in her school.. She didnt want anyone to leave the school, she even took our original work permit cards. The immigration bureau in that city adviced us to leave China and re-enter with new visas and they told us that if we manage to leave the country then we would not be allowed to work in that province in the future.
Yes you can be blacklisted but only in that province.
You can get a new employer and re-apply again.
But since you have not started working, there is no harm done
Actually,the existing work permit does have to be cancelled or at least expire before you can apply for another one.
Once in the system you are allcoated a work permit number basically forever more, it is linked to your name, nationality and date of birth. The system is now connected nationally and as soon as someone even tries to start the process, it tells them within a matter of seconds that you already have an active work permit and they cannot proceed.
The term 'transfer' is actually wrong. What actually happens is the existing work permit is stopped and then an application is made to take it over by the new employer. The existing employer needs to cancel it online and return the existing card to the education bureau, this generates a letter with a specific barcode number which needs to be entered on the system to enable the card to be taken over by the new employer.
The card number never ever changes, all that does change is the issuing office.
It's all very well telling people just to leave or go home, but why have to do that in the first place?
Unfortunately employers do hold most of the cards and the system is very much in their favour. It is best to try and work things out. Even letting it expire and re applying outside of China can cause issues as the system again will by default ask for certain documents from their last Chinese employer.
My employer has done the same at Intelligent English in Xilinhot/Xiwuzi Inner Mongolia. It's an absolute nightmare. I've seen my co-workers working 7 days a week for years, and if anyone tries to leave, he won't give them their documents. Be careful of the Aston/Intelligent English schools in Inner Mongolia. If you talk to Kurt or Paul, you will be trapped in a prison.
By Chinese law, the employer is required to cancel within 10 days of your last day there. if for any reason they refuse, simply go to the labor bureau and file a complaint. The labor bureau will do one of two things; first they are are likely to contact the employer and tell the employer to play by the rules and or secondly they may decide to send it directly to the labor court where a judge will hear the case. if this happens, i would think that the person having been caught in this type of situation is most likely experiencing lost wages as a result of not being allowed to work elsewhere. a claim can then be made for lost wages in the court. if the judge finds the employer was breaking the rules, good chance employer will be forced to then pay triple amount in damages. the court system is actually quite good in protecting expats rights when it comes to employers trying to take advantage.
If you've tendered resignation on a reasonable ground then there's obvious breach of protocol here. Talk to your boss nicely. If it doesn't work out, tell him/her you're going to contact the media. Good luck!
28日
Home page - management service system for foreigners coming to China
https://fuwu.most.gov.cn/lhgzweb/lhCmsArticleDisController.do?cmsArticle...
Function notification
Users of each system:
From now on, in the “processing of overseas application for foreigner's work permit in China,” if the employer fails to submit the post entry application on time within 4 months after the pre entry decision is passed, the system will automatically terminate the application, and there is no need to apply for the permit notice for cancellation after the end of the processing.
December 28, 2020
