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anonymous
Q: If your employer or boss is becoming a pain in the neck, can you walk out of the contract?
If your boss or employee is becoming a pain in the neck, how can you walk out of the contract without without breaking the law after several dialog have failed.
Can you find a new job and cancel the visa? What can you do if they are not ready to give you a release letter?
11 years 47 weeks ago in Business & Jobs - China
Of course you can, you will not be placed in front of a firing squad. But for a short time, your life will become very complicated.
When you walk out, your working permit and residence permit will be revoked. But a visit to PSB will probably get you a new L visa for about 2 weeks to allow you to legally leave the country. And of course, you probably loose whatever monies they owe you, and any other related benefits accumulated. In regards to the release letter, many will use the threat to withhold it, but with another visit to PSB you can force them to issue it, since it is required that they do.
If I were to do this I would play it smart. I will look for a new job first (if you do not plan to leave China). And once I have one confirmed, then walk out, and with the proper documentation go to PSB to change name of employer on work permit and residence permit, and force release of the release letter if they refuse to give it to you.
If you think it is a hazard to your health they won't have any other choice but to release you. Like they can't make you work somewhere that is making you sick or is causing you to feel pain. Move on find bigger and better things for yourself.
Precisely in this situation right now (but will not be staying). My school's HQ is getting more retarded by the day, making all the foreign staff frustrated as hell. Having seen the treatment of colleagues who've resigned, in accordance with company policy, screwed over the only thing to do is to wait until pay day, transfer all my money out of China and take a flight out before they realise I'm gone. Doing such a thing is really against my conscience, but the company itself leaves no amicable solution.
Tapwater:
China has good companies and bad companies. It also has good cities to live and shitty cities to live.
There is no advantage to working for a bad company or in a bad city. I'm not even sure if it is that much harder to get a job working for a good company or a good city.
I understand your feelings on leaving, but from my perspective if you were planning to run away in the night, what harm is there in giving 30 days' notice?
yian:
Not getting paid at the end of the notice period is the main reason. I've seen it happen to multiple people. Like I said, they make it impossible to leave on amicable terms.
I have been through related posts here, and I would like to have more clarity on what is exactly is being called as 'breaking a contract'.
1) If I resign, and serve my notice period, would I still be liable for any penalty? And can the employer harass me over the release letter?
2) Obviously the smartest thing to do here is to have a job offer before you resign. So does one just serve their notice, and wait for the present and the future employer to thrash it out?
3) If the employer is withholding the FEC, how does that affect leaving him and getting a new job?
icnif77:
1. If you have 'right' reasons for Contract termination, A is 'yes'.
2. Yes!
3. Old employer must submit all necessary docs. (for RP extension) in 30 days after your last working day.
What would happen if a contract states that you have to give a few month notice and failure to do so means you are legally obliged to repay a few months salary, but you do a runner -how likely are they to try to track you down and/or start legal proceedings? Would you have to catch a flight out of China immediately to get away without paying? Would they try to track you down once you've left the country? What would happen if you ever wanted to return to China again to work? Would you be blacklisted in any way?
icnif77:
It depends what visa you hold. If you have Residence permit (Z), and you walk out of School, you can expect repercussions as 'can't get new Working permit', and such. I don't know much about that because 'it didn't happened to me'.
I'm not lawyer, and I can't read Chinese Law books. I'm talking out of my experience in China.
If you're working with F (and receive salary), Contract you signed isn't valid! You and your employer are both against Chinese Law.
You can walk away tomorrow, or anytime by your liking. No repercussions. That's the reason some employers want to keep your passport in their drawer.
but about myself i never break up contract but i should fight with them. because i like to be honest. but if any body want to push me to hell ,than next i suppose to take him or her with me to hell.
