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Q: If you suddenly quit your job without giving notice, are you breaking Chinese law?
A colleague of mine suddenly left her job, and my boss told me that they had called the police and that she'd be stopped at the airport. No such thing happened. She is a US citizen.
Quite concerned about what my boss might do next, I wanted to know where the exits are as it were, but the British Embassy (I'm a UK citizen) weren't very helpful, they said they could not give legal advice.
So if anyone could give me an informed answer on the legalities of leaving your employment without notice in China, I'd be very appreciative.
Thank-you for your time.
9 years 44 weeks ago in Visa & Legalities - China
Whatever your contract says is probably the closest there is to a law. If it says you'll be subject to a penalty of some kind then in theory I guess you could be held to that.
you don't say why you want to leave:
is your employer in breach of contract in any way?
if so, you have recourse to SAFEA.
how much time do you have left on your contract?
if a few weeks, just finish it off
If you just want to leave 'because you don't like it' - grow up: we all have to do work at times we don't enjoy. that's why it is called 'work' and not 'happy fun time'
Palmerston:
My employer does owe me money, which is something i may take up with SAFEA, but I don't have any particular intention to leave.
I just want to know my rights as my boss doesn't seem stable and I don't know what they'll do next. It's true that I don't especially like work right now as my employer tried to detain an erstwhile colleague.
sorrel:
Your contract should state the date every month when you are to be paid, and not receiving your salary on this date is breach of contract on their part.
If your employer owes you money, just send them an email clearly outlining this and expressing your concern.
If they fail to respond within a reasonable amount to time, ask them for the address of your local SAFEA office.
Review your contract to see if there have been any other breaches by your employer and make a note of them.
Be polite at all times.
back-up any communication you have with your employer by email, again outlining things clearly and simply.
Trying to detain an employee for no reason is kidnapping.
Don't give your employer ANY excuse to do anything.
Involving your embassy is a waste of time as this is not the sort of thing they are there to deal with.
if there's a contract..there is always a line mentioning the consequences of breaking a contract
Eorthisio:
Often consequences for you and none for the employer no matter how many times they breach the contract, a contract that respect the SAFEA rules should include a safe way for you to quit by giving at least a month notice and without penalty.
New laws that were introduced last year mean that if someone is accused of theft or owing monies, etc, can be legally deprived of the right to leave the country.
Yes, that word was 'accused'. There is absolutely NO requirement for proof... which means, you could be held here indefinitely if some bastard decides to make your life difficult.
