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Posts: 17

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Q: My last school, said they will pay but havent, what should i do?

I just quit one school for another one and the last school still hasnt paid me.  I have sent several emails and asked the people there and I was told I would be paid but havent yet and its been about 20 days...any advice on what i should do?

10 years 6 weeks ago in  Business & Jobs - China

 
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Posts: 4421

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We have to know how you resigned or left? Did you follow your contract, did they give you a release letter and canceled?

 

Were you working legally on a resident permit?

 

Was the Resident permit from that school itself or sponsored by another company?

 

IF no, then there is nothing you can do. Must move on and learn.

 

If you did work at a legal school, you were also legally working and if you did follow your contract then you have the right to go to:

 

SAFEA:

http://www.safea.gov.cn/english/

 

That should be your first step. Go to their office and bring your passport, canceled FEC and Contract that was stamped by the school..

 

Just a guess, is it possiable that you haven't been paid yet due to the holiday? Some teacher don't get paid their salary until Feb 20th, some schools want to make sure their teachers come back to work.

 

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10 years 6 weeks ago
 
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If you quit, expect that any semblance of decency towards you collapses. This is not unique to China. Quit right after you get your salary, and expect that the days they still owe you are lost. Even if you are legal, you can still lose if they can use any excuse to avoid paying. You could threaten them with bad publicity, but be careful if you go down that road. Very risky, perhaps not worth a month's salary.

ironman510:

Forsure not worth it. They might have the passport number and copy..

10 years 6 weeks ago
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10 years 6 weeks ago
 
Posts: 17

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Thanks for the advice...I resigned following the procedure in my contract and they gave me a release letter.  They are not happy that i quit during the middle of the school year, but i was offered a better opp and i waited till the semester was over.  As for my resident permit, i believe they used an agent, because they really screwed up my visa stuff, but i finally got a z visa with resident permit.  And this salary is from Dec and should have been given to be in Jan.  I dont want to go to the authorities but it seems like thats my only recourse. BTW whats an FEC?

ironman510:

FEC is the little dark red book..It stands for Foreign expert certificate. basically telling the world of China that you are qualified to work here

10 years 6 weeks ago
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ironman510:

They should have given you the cancellation of your FEC.. do you already have a new resident permit? I would just be very careful not to p*** of anybody because they have your information.

10 years 6 weeks ago
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NewInTown:

Yea i already have a new resident permit thats valid until next nov...but they never gave me an FEC.  This visa process has lasted for a LONG time and they are not very organized, but they never made any mention of an FEC

10 years 6 weeks ago
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10 years 6 weeks ago
 
Posts: 17

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Hey, yea, i have a residence permit and its good until next nov.  Also my new new job in transferring over to their business.  However, the old job  made a few mistakes processing my visa and i worked for about 3 months before i received a Z visa.  I dont want to run into problems later on, but i also do want to walk away from 10,000 rmb!

ironman510:

Yeah 10k is alot. but what worries me is did you get a cancellation of your FEC? I'm worried you might have to go back to your former employer to settle some situations with your other documents not just the release letter.. Anyone can get another Z visa after a resident permit expires BUT when your company walks into the Labor Department (FEC office) they might request the canceled one before giving you a new FEC book. See my point, PSB has nothing to do with this at this point, you need approval from the FEC first before your passport even can reach PSB to get a new resident permit.. The PSB only gives you the resident permit because you were approved by the FEC office as a qualified worker. So I'd focus on the FEC first and makesure your former company won't cancel your current RP because unlike before as of this month companies need and should cancel Resident permits like yours because if your caught then your former company is fined and you'll be blacklisted..

10 years 6 weeks ago
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ironman510:

That's why I called this a dangerous game..

10 years 6 weeks ago
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NewInTown:

No, i dont think so, i never got a FEC at all, however, before i left, i asked my new job if they needed anything other documents (them what i gave them, degree, passport, non crim doc etc) and they said they had everything they needed.

10 years 6 weeks ago
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10 years 6 weeks ago
 
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http://blog.clarknielsen.com/?s=for+an+expert+certificate&searchsubmit=

You can see a picture and details about the foreign expect Certificate..

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10 years 6 weeks ago
 
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Cool, thanks, i had one of those at my last 3 jobs (ive been in china for 4 years), but think because I just got my resident permit back in the beginning of jan and i resigned in mid jan, they never processed my FEC.  I'm thinking that they are just very mad and dont want to pay me, so eventually will have to go to SAFEA, but im trying to avoid getting the gov involved.

ironman510:

There MUST be a FEC if you have a working resident permit.. Just ask the school: Hey I need my little red book that you were suppose to cancel.. The FEC works like this in the steps of your employer: 1. Time to renew, school gathers all documents. 2. The school staff member takes your passport and FEC book to the FEC office, the FEC officer stamps your little red book that has your picture in it and any family members that came with you. 3. FEC renewed and stamped, next take it and the passport to the PSB for a resident permit..

10 years 6 weeks ago
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10 years 6 weeks ago
 
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many rogue employers in China bank on the fact that the foreign worker won't do anything due to ignorance of their rights.

If you are confident that you have everything in order your end, you have nothing to fear from going to SAFEA in order to get what is due.

ironman510:

What worries me is IF he pushes the former employer for the 10k the former employer might cancel his resident permit. His RP was just renewed and he sand bagged his employer after the renewal. They don't need his passport to cencel it, just the termination of contract signed by him and the school. And the lack of a FEC canceled book would make it hard for him to get his Z visa to the PSB stage because it might not make it through the FEC office without the canceled FEC from his former employer.

10 years 6 weeks ago
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ironman510:

As I said moving from company to company is a game of chess. Its for anybody to make their own choice and how they do it. For me in this situation I would worry about the Foreign expert certificate and having all the correct documents, I would even go as far as getting the former employer to cancel the RP now so I can get a new one now, that way I know it's all done correctly, if not hey it's only February, Ill go back to the employer for any documents they forgot and I would forget about the money.

10 years 6 weeks ago
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NewInTown:

Yea, ill wait until my new school finishes all the paperwork and  I;m in confident that my old employer cant try any funny business.

10 years 6 weeks ago
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10 years 6 weeks ago
 
Posts: 68

Governor

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If it isn't too far, forget about sending email, go there in person.  Face to face will give you a much better shot at getting your money.  Avoid getting them or yourself in trouble if possible.

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10 years 6 weeks ago
 
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