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Posts: 12

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Q: School is asking my co-teacher 18k for his release paper (non-native)

Hi. Anyone knows how to deal with this trick? He's been working in our new school for 3 weeks now. Here's the story:

 

if I remember correctly, this happened last July or August when authorities volted into his previous school looking for non-native English teachers. He wasn't there. Unfortunately, his previous school won't take him back to avoid troubles. They say to not worry about the contract penalty as they both agreed to invoice this penalty to his new school at a lower price (8k negotiable, they said) He's pretty oblivious about this scheme before he got into his our school. Now, our school can't rescue him, explaining it's too expensive for them as this went up to 18k.

4 years 22 weeks ago in  Visa & Legalities - China

 
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Emperor

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Release paper of what?

 

As Non-native English teacher, he is most likely employed illegally unless he holds degree completed in a native English country.

 

Once you work with F or L visa, you can just walk away and start working elsewhere. So, employers usually (in 2009, 2010) kept the passports (which was also illegal!) to prevent walk-aways.

Signed contract is invalid ... 'cause teacher is employed illegally, i.e. wrong visa, so no release of any kind is needed.

Contract release of 18k or 8k is school's bluff or extortion!

Contract signed under any other visa than Z is invalid and doesn't have any legal bearings!

No repercussions are possible if laowai is employed under wrong visa.

 

Release Letter is necessary only at legal/Z visa employment in China.

nick.serp.com:

Hi icnif77

 

I don't know about his degree or if he completed his degree in an English native country. He is holding a Z visa and yes, there was a signed contract.

4 years 22 weeks ago
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icnif77:

So, then they are the legal/proper ways of terminating the contract. Have a read through the contract, again.

Advice:

You must find one thing on the contract School doesn't respect  and submit Resignation notice.

Usual reasons for termination are/were 'late salary', 'apartment not suited as promised by contract', 'required to complete more classes then stated in the contract' and similar.

Submit Resignation notice with 30-days termination of work.

Once, you do that, School must submit to you (in 30-days after your last working day) all documents to transfer your Residence/Working permit without exiting China and applying for new Z.

 

 

After Labour law novelties in 2017, Non-native English teacher qualify fo Z visa only if her/his degree was completed in Native English country, and if he/she doesn't hold such a degree, he/she doesn't qualify for Z visa. Simple!

4 years 22 weeks ago
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icnif77:

I am reading your post again ...:

 

'... so school won't take him back to avoid the trouble ...'

 

You said, teacher has Z-visa/Residence permit and RP sponsor (school) won't take him back.???

 

Then, party A is in the contract breach ... and not party B (teacher).

 

Is this another BS thread? 

4 years 22 weeks ago
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PulSartre:

That's correct on the school claiming that price you mention. 

 

It is a perpetuated loop of abuse by predatory agents who smell the blood and go straight on spot where the prey is. Yes, it is a heard of predators based on the chain of people involved in this blood shed, that goes right from the China's administration officers, PSB - hence police officers- and the very pimps and visa dealers that are the agents. It is the pot of blood they seek from the victim, hence that's why the stake is so high. I have heard of higher prices which make these 18K sound rather a bargain to "take or leave". 

 

Thing is that the victim-to-be, ought to walk away, disclose this abuse and make it run viral on any social media to shame the very pocker-faces that play the victims while they backstab foreigners. 

 

This is not about legal-non legal dichotomy, but the picture above, where a heard of predators lurk around any possible foreigner to make him bleed and once squizzed off, trash him off the country in the China's crusade to clean it off of the illegal teachers. 

 

Tell your friend to grab a hidden camera, record it on, stream it live on wechat or whatever the social Chinese media, then  make it clear to the poker faces, that they have set up a sistem where predators benefit from the same laws meant  at keeping them away. 

 

If you don't believe it, read online the rivers of bleeding teachers who were scammed and trashed out by their Chinese employers; who tried to have justice on their way  and they were both "terminated" by the company and ex-"terminated" by the Chinese system, afterwards, with fines, years bann to enter the country if not prison too. . 

 

In other words,  there is no solution, no mercy, no compassion, no hope but for this teacher to leave the country. 

 

Under the constituent political and worldwide economical cirucmstances China undeergoes,  foreigners are to blame for any evil they inherently carry on not only today but,  if possible for the claimed five thousand years of history of evil doing. 

 

It's pukative, vomitive, nauseatic. 

 Sorry, I got a bit more passionate. But, you get my point, don't you? 

 

 

 

4 years 22 weeks ago
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icnif77:

I usually write here out of my own experiences while working in China and that never happened to me.

If some school's rep. would ask me for money to get Release letter, I would dial SAFEA immediately.

I dialled SAFEA if I didn't have Release letter on the last working week before contract's end, and I got it every time. Every school rep. knew, I will dial SAFEA if documents won't be supplied on time. I always warned them before the call to Gov!

I dialled SAFEA at at least 6 schools in 6 different provinces, and I've always got what I was looking for without an exception.

Now, this whole thread seems fishy to me.

OP stated. his Non-native friend wasn't at School when cop's raid occurred ... I assumed, mentioned teacher doesn't have Z visa/RP, so he wasn't arrested.

I don't see any problem to be present at cop's check-up if all documents are in order.

Write in search above: "Did you ever steal something from Police station in China?'' for the thread, where I was taken out of the classroom at Private Public school and ... read my post there ... I returned to my apartment some 5 hours after the raid because my documents were all in order and I didn't experience any problems in the city in next 8 months when I completed the contract.

School where I was working was my RP sponsor. School cannot say in the middle of the contract ''we don't want you anymore 'cause you are Non-native ...''.

School offered the contract and sponsored Non-native teacher's Z visa, Working permit and what not.

However, as I know, Non-native English teacher can get Working visa in China only if he/she is holding degree completed in Native English country.

Applications for WP can be made only online, so please don't mention 'guanxi' because there is no 'guanxi' after all Z applications were centralized.

 

There is a loads of BS in this thread!

'Add-it':

"School must submit Release letter and all documents for new employer's RP transfer / extension in 30-days after party B last working day." -----> Stipulation from Chinese law, which I got from Liaoning SAFEA's agent.

4 years 22 weeks ago
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4 years 22 weeks ago
 
Posts: 513

Governor

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Sweep the leg.

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4 years 22 weeks ago
 
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