The place to ask China-related questions!
Beijing Shanghai Guangzhou Shenzhen Chengdu Xi'an Hangzhou Qingdao Dalian Suzhou Nanjing More Cities>>

Categories

Close
Welcome to eChinacities Answers! Please or register if you wish to join conversations or ask questions relating to life in China. For help, click here.
X

Verify email

Your verification code has been sent to:

Didn`t receive your code? Resend code

By continuing you agree to eChinacities's Privacy Policy .

Sign up with Google Sign up with Facebook
Sign up with Email Already have an account? .
Posts: 93

Governor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

Q: Is it legal for employers to make you pay for your visa if they break your contract?

I've heard some people saying it's illegal. In numerous working contracts (including mine), there's a clause stating if I break the contract, I have to reimburse the working visa, however does that also work the other way around? Let's say deservedly or not, you get fired early on, can they make you pay for the visa?

Additionally, the actual cost of the visa not being mentioned, I assume certain employers may play on that to try and extract as much money as possible. Anyone know if there's a fixed cost for that?

12 years 11 weeks ago in  Visa & Legalities - China

 
Answers (3)
Comments (0)
Posts: 1968

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

Each visa has a set cost and that cost is determined by reciprocity -- and that means this :  if Australia charges $ 100.00 for a Chinese citizen to obtain an Australian, then China will charge the same amount for an Australian to obtain a  Chinese visa.

As a rule, anything written in a contract cannot be beyond the purview of Chinese labor law.  A contract cannot make the law but rather it is subject to it.  That being said, reimbursement of visas costs is a valid contractual item, I hate to say it.

It is something that has come into play here in China as a result of the rather large amount of contracts voided early.

If one is terminated for cause, that is for reasons set forth in the contract then it would be up to the school to determine whether or not to pursue this matter with you.

If you decide on your own to abrogate the contract, you can rest 100% assured that they will come after you for the fees.

Report Abuse
12 years 11 weeks ago
 
Posts: 3025

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

What are we talking about here ?.  In getting a "Z" visa, your employer incurres in almost no real expense.  He is to provide you with copies of some documents, a letter of employment, and some help with the FEC, and whatever will cost him to mail those to you.  Back home, you will have to apply for the visa and pay whatever fee is charged according to your nationality.  Has he reimbursed you for your visa fee?. 
Many contract do have that clause on them, I have seen it.  In my mind, it is there as a bargaining tool for employer to hold over you in case you desire to leave early.  In this case a "stick", with "carrots" being the "end of contract bonus" and the airfare reimbursement.

Is it legal ?  Is it illegal ?  I really do not know, I am not a lawyer.  But I have not heard of any teacher yet being dragged to Court here because of that.  Maybe a few others could post about their experiences along these lines, and both, you and me, could learn a bit more.

Report Abuse
12 years 11 weeks ago
 
Posts: 1968

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

I took it to mean that the OP was referring to the cost of the resident permit and not to the cost of the initial Z visa.

The cost of the initial Z visa is almost always borne by the applicant; the cost of the resident permit, however, is almost uniformily borne by the school.  I read the post in that light.

Report Abuse
12 years 11 weeks ago
 
Know the answer ?
Please or register to post answer.

Report Abuse

Security Code: * Enter the text diplayed in the box below
Image CAPTCHA
Enter the characters shown in the image.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <br> <p> <u>
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Textual smileys will be replaced with graphical ones.

More information about formatting options

Forward Question

Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77