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Q: Is my employer legally able to refuse to pay my salary and give me releasing documents?
I had an issue with my employer. They asked me for a resignation letter which I had provided them. In the letter i gave them 30 days notice from the date which was april 1st. I gave the reason why. They did not pay my social insurance premiums as they are required to do. I suspect that they had me work overtime without properly paying me, they had asked me to do things that were not stipulated in my contract. During this time they did not pay my salary on the 15th. I had not showed up to work during this time as the manager told me to leave my uniform behind and not return. I gave them the resignation letter as requested and now they wont accept it as they say it does not state that I agreed to a breach penalty. My understanding is that i can say what I want in a resignation letter because if they are following the law everything should be properly documented. If i am not showing up for work as agreed then they should be documenting that they had contacted me during this period. They have not contacted me once. They had not paid my paycheck as of march. On the day I resigned they did not ask me to write the resignation letter before i left. I wrote the resignation letter after I spent sometime thinking about the best reasons why I wanted to resign. I am aware that according to Chinese labor law I can revoke a contract if my employer does not withhold social insurance premiums in accordance with the law and does not pay me.
4 years 51 weeks ago in Visa & Legalities - China
Contact SAFEA in your city/province, and they will sort out your employer in few days after your call.
Your employer will be also more respectful toward you .. after SAFEA dials him/her back.
You can tell, I am talking out of my own experience!
Contact SAFEA in your city/province, and they will sort out your employer in few days after your call.
Your employer will be also more respectful toward you .. after SAFEA dials him/her back.
You can tell, I am talking out of my own experience!
so far I have gone to Safea and the PSB and they tell me I have to go to court, I regret working in China. This is the second time i am dealing with a school who wont pay me.
From what I've seen "legally" depends on who everyone involved knows.
If the school has good guanxi with the local officials that could easily trump the actual law. If the school that is offering you a new job has better guanxi and they really want to employ you then you'll probably be all good as far as the legal stuff involving changing schools goes and who knows, they might be able to get you the money owed to you.
the agency that looks after labour laws for foreingers in China is your best port of call. The agency has a website in English if you google it plus also their is an article about it on this website as well from within the last 12 months, so not old news. The labour law people service is free.
To answer your question though if you have followed your contract stipulations to the letter and done it correctly you have two good legs to stand on should you contact the labour law people. hope this helps and good luck getting your dues.
