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Posts: 9

Governor

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Q: If I have a work visa, and I don't like the job, can I quit and apply to work at other schools?

I am applying to work at several different language schools around China. I am also still in my home country. Now, China does have a reputation for having SOME bad schools that will mistreat their teachers and/or not keep up their end of the contract. If I don't like that school (for whatever reason), can I just quit and go around applying to work with other schools/businesses while still in China or will I have to return to my home country and reapply for another work visa with the new company?

10 years 51 weeks ago in  Visa & Legalities - China

 
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Posts: 618

Shifu

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OP, you might take Crimochina and ironman's warnings to be just that, but I don't think you're going to end up in a prison here. I know good people who have fled crappy positions in SE Asia, China, and Korea, and got along fine afterwards. Part of being in a  prison is staying in one, if someone treats you like that then you HAVE to leave, life's too short to put up with crap for a year just because you made a mistake/got used.
 

But take crimochina's last piece of advice (take advantage of that probation period) and you won't have to resign at all, the probation period protects that.

crimochina:

china is very different from korea and se asia. 

10 years 51 weeks ago
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sam239:

Crimo, how so?

10 years 51 weeks ago
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Traveler:

Sorry crimo. I'd love to help you out here, but I'm on a good behaviour bond  ... Shift+R improves the quality of this image. Shift+A improves the quality of all images on this page.

10 years 51 weeks ago
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10 years 51 weeks ago
 
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Posts: 1838

Emperor

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You cannot just get up and quit because you don't like the job. The FEC and RP you are issued with are employer specific. Each time you leave an employer, the FEC and RP will be canceled. To reapply for another, you will have to get a letter to certify that you have satisfactorily completed your current contract or have left on acceptable terms.

sam239:

Does happen to know examples where someone has successfully resigned and come away with the required documents to get a new job? What kind of negotiations that involves?

10 years 51 weeks ago
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10 years 51 weeks ago
 
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Emperor

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To put it more simply: You need a 1.release letter & 2.Recommendation letter, 3. A cancelation of your working permit ( Little red book.)  if you want to change jobs.

 

4. Forced to go home: You can't just leave and come back and get a new Z Visa, you need to have your current working resident permit canceled at the PSB and then you can fly home and get a new Z Visa or get it in Hong Kong is still possible SOMETIMES. Or wait for your permit to run out and come back after its over.

 

Sorry, you're trapped, you're a prisoner, you can't leave that easily. Finish your contract then leave.

icnif77:

Not true!

10 years 51 weeks ago
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10 years 51 weeks ago
 
Posts: 5539

Emperor

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yeah go ahead and quit. no consequences in china. i'm a naive twit from foreign country . i think china considers me to be a human being just like my home country. 

 

 

good luck

edit: this is what my answer would be if i was stupid enough to just read the question w/o the subtext (sorry but i am stupid)

if a company breaks the contract you must establish proof and then go to the psb. but the burden is on you so communicate through email about everything and make sure your contract is well worded. because you can't just up and leave. you need docs from your old school in order to be re-hired.

Dubstep4life:

What is PSB? Sorry, but I'm new to all of this and I keep reading this acronym and have no idea what it means.

10 years 51 weeks ago
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Kaiwen:

Public Security Bureau a.k.a. the police. It is them that issue the residence permit (RP).

10 years 51 weeks ago
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crimochina:

depending on the city you are in they maybe useful or useless lazy animals. make sure your contract has a probationary period. and you keep in contact with 1 or 2 other schools in the city where you will be working. if the school you are at shows any sign of being dishonest, bounce to one of the other schools.

10 years 51 weeks ago
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10 years 51 weeks ago
 
Posts: 618

Shifu

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OP, you might take Crimochina and ironman's warnings to be just that, but I don't think you're going to end up in a prison here. I know good people who have fled crappy positions in SE Asia, China, and Korea, and got along fine afterwards. Part of being in a  prison is staying in one, if someone treats you like that then you HAVE to leave, life's too short to put up with crap for a year just because you made a mistake/got used.
 

But take crimochina's last piece of advice (take advantage of that probation period) and you won't have to resign at all, the probation period protects that.

crimochina:

china is very different from korea and se asia. 

10 years 51 weeks ago
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sam239:

Crimo, how so?

10 years 51 weeks ago
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Traveler:

Sorry crimo. I'd love to help you out here, but I'm on a good behaviour bond  ... Shift+R improves the quality of this image. Shift+A improves the quality of all images on this page.

10 years 51 weeks ago
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10 years 51 weeks ago
 
Posts: 3292

Emperor

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If you have a degree, TEFL/TESOL certificate and two years teaching experience, you can call the shots. If you don't have all three, you have a problem.

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Posts: 21

Governor

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I would like to know more about 'taking advantage of the probation period' as mentioned here, because mine runs out pretty soon and I am considering alternatives.

 

Could the veterans here please elaborate a little more on the implications, such as "1.release letter & 2.Recommendation letter, 3. A cancelation of your working permit ( Little red book.)  if you want to change jobs." as mentioned by Ironman510?

And is it certain that to change jobs you need to go back to your country and get the working visa issued again, OR, just the Work-Permit needs to be transferred to another employer?

ironman510:

If your resident working permit still has months, weeks and or days left on it then after leaving a school or company with your release letter, canceled permit and recommendation letter(I heard this letter is optional, not required to change jobs) You DON'T have to go back to your home country to change jobs.

 

But when your resident permits time is up and new employer isn't working to renew it, then game over. Go to Hong Kong or home to get a new Z visa.

10 years 33 weeks ago
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10 years 34 weeks ago
 
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Anyone notice this guy's avatar? "Pedobear." Who the fuck thinks pedophilia is funny?

Zhenglaien:

I sure as hell don't. I would kill a pedophile (who has sex with a kid under 14) dead with no more thinking about it than killing a rat. It's these MF'ers that are forcing the rest of us to get criminal checks and is potentially ruining the lives of people who committed a misdemeanor 20 years ago.

10 years 34 weeks ago
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10 years 34 weeks ago
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10 years 34 weeks ago
 
Posts: 201

Governor

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If depends on your employer and the terms you leave on.

 

By policy, employers need to cancel your resident visa in which its validity will change to 30 days from your last of employment.  This 30 day window gives you time to a) find a new employer and they apply for a new visa/permit for you or b) pack your things and exit China.

 

However, they will need your passport to cancel your visa.

 

However, you will need a end-of-contract statement stamped by your employer to give to your next employer so they can begin the visa/permit process over again.  So if your don't cooperate with your employer on the terms of your leaving, they may withhold this statement which will render you unable to find legal employment anytime soon.

 

If you can come to an agreement with your employer, there's a chance they will let you leave, give you a stamped letter of completed employment, and let you keep your resident permit.

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10 years 34 weeks ago
 
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Governor

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I have successfully had my work-permit (Alien employment permit) transferred to another employer.  As long as your new employer is in the same jurisdiction as the old and your profession and job title is the same, it can be done (and your new employer is licensed to hire foreigners, of course).

Iron_Monkey:

again, cooperation between your old and new employers is necessary to achieve this.

10 years 34 weeks ago
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ironman510:

Do you think it's hard changing company's or schools if you do it in the same City or district? I've been at the same company for 7 years.

10 years 33 weeks ago
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Iron_Monkey:

I changed companies in the same city (I don't work in education).  However, communication and cooperation between the HR departments at both my old and new company greatly facilitated achieving successful transferring of my work permit.

10 years 33 weeks ago
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10 years 34 weeks ago
 
Posts: 827

Shifu

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I changed schools this year.  .  Not once, but three times.  But not without reason.The first time because the Training Center in Tianjin had sloppy administration and could not get me the FEC on time. The second employer was a recruiter out of Beijing.  This part did help.

No you cannot quit and go work for someone else without consequences. The FEC will be canceled and, in my case, a new one was issued even though I am is the same city.  I was allowed to keep the resident visa because it mentions the city and my employer is a recruiting company out of Beijing this year. The first school I was sent to didn't like me because I asked for things to be repaired in the apartment they supplied to me.  So one of the ways you can get your school to release you is to complain  a lot. But make sure your teaching skills are good and the staff and students like you.

I am one of those guys with  a degree, TEFL/TESOL certificate and three years teaching experience in China.

ironman510:

What was it like at the labor department? How do they check doc's, degrees and TESOLs when changing jobs?

10 years 33 weeks ago
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10 years 34 weeks ago
 
Posts: 827

Shifu

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"However, they will need your passport to cancel your visa"

The last school I was at tried to do this. Don't. My argument was that I paid for the visa and expected a refund. This made them think. The part about the money I mean. If that is the case you should offer to go to the PSB with them to convert it to a tourist Visa.  The PSB will ,of course, have some questions for the school and will contact SAFEA to confirm  the cancelation of the FEC. The schools really don't want the publicity nor the expence. My experience tells me they cannot cancel your visa once it is in your passport.  As for the FEC, you should contact SAFEA.  All foreign experts are to be in possession of their certificates. Many schools will tell you they need this to cancel it.  SAFEA says you are to return it to your employer once work is completed or it expires.

 

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10 years 34 weeks ago
 
Posts: 827

Shifu

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If you are changing jobs the new school will ask you for the same documents you provided the previous school. I kept my medical that I did in Tianjin. It  is valid for 6 months.

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10 years 33 weeks ago
 
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