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Q: Has your company ever asked you to resign a contract?
Has anyone ever been asked to resign a contract because of a mistake made by the company? How did it go down?
9 years 8 weeks ago in Visa & Legalities - China
I wasn't asked! I quit few times, because school didn't respect the Contract.
I got new job, first. Once, I signed new Contract:
1. 30-days Resignation notice = one copy to the employer, another one to SAFEA;
2. Make sure, you'll get Release letter and FEC Cancelation cert., because your new employer will need this 2 docs. to extend your Residence permit.
School must give you both docs. in 30 days after your last working day, by the Chinese law.
Everything what your school does (wrong) in resignation period inform SAFEA. They'll deal with the School.
At resignation, I always try to respect '30-days notice', unless resignation cause warrant immediate quit, as 'not suitable apartment for living'.
I wasn't asked! I quit few times, because school didn't respect the Contract.
I got new job, first. Once, I signed new Contract:
1. 30-days Resignation notice = one copy to the employer, another one to SAFEA;
2. Make sure, you'll get Release letter and FEC Cancelation cert., because your new employer will need this 2 docs. to extend your Residence permit.
School must give you both docs. in 30 days after your last working day, by the Chinese law.
Everything what your school does (wrong) in resignation period inform SAFEA. They'll deal with the School.
At resignation, I always try to respect '30-days notice', unless resignation cause warrant immediate quit, as 'not suitable apartment for living'.
Ask for money to resign a contract. Insist of a few months wages. Maybe they will just agree to do a strikethrough of the clause, contersigned, and allow the renewed contract to stand. Chinese contracts work both ways.
For clarification, this has happened to me, but only because the hr made a mistake calculating the amount of tax I owe each month, which should reflect on my salary. Anyway I was just curious if something similar has happened to other people.
RachelDiD:
Did they really, though? Because it is a common tactic for 'accountants' in charge of payroll here to 'discover' that they either overpaid someone or miscalculated taxes--when that actually never happened. They then try to force their marks to 'pay back the excess money,' which they then pocket for themselves. And people wonder why I stopped caring about learning Chinese--who in their right mind would want to do business with these people?
I would encourage you to take a careful look at your contract (your company is required to give you a copy), and notify SAFEA of any wrongdoing on the part of your company.hi2u:
Ya it was definitely a mistake, as I know the tax rate. Anyway my company treats me well so I didn't hold the contract over their heads and demand they pay for their mistake, but I was just curious if other people had a similar situation and what the outcome was.
