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Q: Termination of contract and visa
Recently, another school has offered me a job, and I'm thinking about taking the offer. Is there a possibility that the embassy will ask questions why or create other problems if I terminate the contract earlier (visa and FEC will be cancelled as well) and reapply for a new Z visa? Btw, I have many other visas in my passport already, so I'm afraid they will refuse it.
7 years 4 weeks ago in Visa & Legalities - China
I think you're confused about how the system works....
firstly you don't have a visa anymore, you have a resident permit.
You also don't need to apply for a new Z-visa.
Basics CS of the process is:
1) Resign with minimum 30 days notice.
2) current employer has to give you release letter and receipt to show your FEC was cancelled. They don't need to cancel your resident permit but if they ask to then you can get a 30-day stay visa.
3) New employer applies for new work permit for you (new system in place from 1st April). Then you apply for new resident permit.
They won't care how many old visas you have as long as last one was your resident permit
ironman510:
Also check your contract as there might be more than 30 days required for resignation notice, ours is 10 weeks notice huhu
Hotwater:
How do you manage 10 weeks notice? I always understood the egal requirement was 30 days. Though I can imagine having a teacher leave on that short notice can cause major problems.
sandra.kucis:
Now I'm confused. My boss told me that if I terminate the contract earlier she will change my Z visa into some kind of humanitarian and then I will have 15 days to leave the country (not sure if she can really do that or is it just an empty threat). For that reason, I will have to apply for the new Z.
Hotwater:
The "humanitarian" visa is the 30-day one I mentioned. This is supposed to give enough time for your new employer to get your new work permit and you apply for a new resident permit. 30 days, not 15!
ironman510:
Sadly Wall Street has ties to the gov and sometimes I don't know if it's a good thing or bad, because after you finish a full year of working, they offer you a 3 year visa and contract that is sponsored by the gov.
1. You must have reason why are you terminating the Contract as 'party A's Contract violations' as 'late salary deposits', 'apartment no suited for living', 'required to work more hours than per Contract' and similar.
2. Find new job/Residence permit sponsor, sign Contract with new employer.
3. Submit Resignation notice to your present employer. I always quit with 30-days notice, unless Contract violations are grave and require immediate termination.
4. Your employer must give you Release letter and FEC Cancel certificate in 30-days after your last working day.
With both documents handy, your new Residence permit sponsor will be able to extend your RP and you won't be required to exit China and apply for new Z.
However, if you wish to exit China and apply for new Z (nobody does!), then you will also need Release letter and FEC Cancel cert. at your new RP sponsor/employer.
You might expect troubles at new Z application, if you will terminate the Contract without the cause.
For new Z visa or RP extension you must have one page in your passport, free of stamps, blank.
Hotwater:
"1. You must have reason why are you terminating the Contract as 'party A Contract violations' as 'late salary deposits', 'apartment no suited for living', 'required to work more hours than per Contract' and similar."
why must you have a reason like this? Employment laws here say you can resign with 30 days notice. No reason needed...
icnif77:
I never quit without the reason/cause! That's 'why'. Honour to my signature .... I won't quit, because another School offered few yuan higher pay.
With my signature on the Contract, I promise I will full fill and so on ..... Once, I have employer's Contract disrespect, I try to solve the problem with employer verbally, and if no changes, 'I quit!' goes in motion .....
I also count on the Gov.'s support, which I always received at Contracts termination. In other words, I have Gov.'s help to retrieve RL, FEC cancel paper and late salaries. It can be painful to get all without some 'strong arm' on your side.
Hotwater:
That's a fair reply Icnif. Honouring contracts goes both ways.
icnif77:
I don't know, how it is when you quit with 30-days notice and no 'reason/cause'.
What if party A doesn't agree with your (30-days notice) resignation and refuse to give you RL and deleted-FEC-paper?
I had some Contracts, where it was stated 'both parties can terminate the Contract with 30-days notice without reason given'.
BuTT .... that provision has mirror effect and party A can do the same .... In Fujian, party A terminated the Contract without cause with 7-days (forced) exit .... and you know the rest.
It isn't pleasant feeling, if you're aware your employer can tell you any day you are expected to leave in 30-days time.
I prefer Contracts with '30-days probation period', because after 30 days, 'both parties agree to full fill the Contract' and 'I don't like you anymore' doesn't work for either party, but cause/reason for termination is needed for the remaining duration of the Contract.
School's success in China is measured by no. of enrolled students .... Let's hire FT and fill the School with students and then get rid of the FT few months later (save on operating expense 
) for this or that reason ....
Hotwater:
"I don't know, how it is when you quit with 30-days notice and no 'reason'.
What if party A doesn't agree with your 30-days notice resignation and refuse to give you RL and deleted-FEC-paper?"
Legally they can't refuse to give you those documents!
"I had some Contracts, where it was stated 'both parties can terminate the Contract with 30-days notice without reason given'."
This clause is illegal. According to employment laws the employer can only terminate the contract on disciplinary grounds. If they want to terminate your contract otherwise they must pay compensation.
I deal with our companies lawyer on employment contracts and if we don't follow the law then there is a risk of having to pay compensation to employees.
icnif77:
Law in China doesn't work the same way as it work in West (and you are reading it as such!).
example:
Tomorrow is the last working day per your Resignation notice and you don't have RL and few months of late salaries as of yet, because party A doesn't agree to your termination and what not.... What will you do? Buy ticket for dept. to the new city?
You are better off to buy ticket to your home country (or HK), instead.
You can dial FEB, which will contact party A and ask for the troubles explanation .... I am sure, FEB does (will) ask about party's B Contract violations and if party A answer is ' there are none!', party B can purchase dept. ticket, because both required docs. (and late monies) will arrive (soon) to the new RP sponsor address/B's Bank acc., i.e. ''SAFEA's support''.
I didn't read Chinese Labor Law, buTT .... I am describing my own experience, repeated several times.
''Leader said ..., not Law" is custom here!, so 'strong arm' always comes handy.'
Party A's responsibility you're describing out of Law is ... (I guess!) Court's bound ...(you won't get it by talking to the leader!), so my Contract is worth some 150k Rmb per year and for all that I must file a law suit in language I don't understand? 'cmon!
Also you'll be required to get all of your documents authenticated by the Chinese Embassy in your home country:. 1. Degree 2. TEFL or better 3. Reference letters of 2 years 4. Security check.
So to avoid the April 1st visa policy hassle, suck it up, stay at the same company because I'm telling you that you are really hurting your chances of getting that job you want because of the new visa requirements and time waits for no one, meaning you won't have enough time to fly home, finish authentificating and than make it back in time for the new job.
So stay put! No job is perfect. This is called maturing in a situation like this.
sandra.kucis:
Why would I need to get reference letters authenticated? Why would I have to go back to my homeland, authenticate them and then use them in the same country they were issued? doesn't make any sense
ironman510:
Because anyone Can print fakes and stamp it, not everyone that comes to China would have reference letters from China, so you might be able to get them signed by a China Notary service. But you should ask as these are the new requirements by the FEC office, I'm sure you will see or hear about this in the coming months. We already saw the official email.
ironman510:
So if you've got reference letters from a company in China and you've been in China over a year than you should be able to get a security check in the city that you worked in and get your reference letters proving you've worked with them for how ever long it was and if need be the other company you worked for in China that hopefully adds up to 2 years worth of work, next take the letters and security check to a China Notary service center, you're 2 steps done, last two things get your degree authenticated by the Chinese Embassy and Certificates too. Than you're set to become an A B C talent ID card holder.
icnif77:
"... you'll be able to get auth. stamp in the city you worked."
6 RL attached to my CV 
... many cities here-o for RL auth.-stamp-obtaining-visit 
.
Doesn't matter what, maybe 'phone call&mail' will work also.
I am 'predicting', they'll 'torture' us just by looking at the Law's changes release date. I wouldn't ever think, Chinese don't 'celebrate' April 1st.
I was considering change to ''no-hand-writing' on Z application form'' in 2013 --'I could say'-- not really friendly.
Imagine 'queue at HK's Embassy and you're being sent away from the window, because Z form isn't properly filled.
Once, you mastered online-form-filling, you are good for another try at 'MF' queue and Z stamp eventually at the window.
ironman510:
I think you are right about torture part lol, like Shinning said in about 1 to 3 years things will be different. So a Z visa window will be an exit window haha
