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anonymous
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Q: What should I do when my employer keeps my passport?

I traveled to Qingdao using the photocopy of my passport to get a train ticket back and forth(since my F visa was still on the process). When I came back to Tai'an, my boss told me that 3 foreign teachers escaped which led him to decide not to give me back my passport. If I would still insist, I had to pay him about 6,000 yuan for my new 3-month F visa.

10 years 28 weeks ago in  Business & Jobs - China

 
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Comments (12)
Posts: 19789

Emperor

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You can 'accept it' or 'reject it'!

 

It is illegal for Chinese School to keep employee's passport. It is illegal for anybody to keep someone's ID, EDIT: 'unless, you're in agreement!'.

Photocopy cannot (entirely) replace original document.

 

It is illegal to work (and receive salary) with F visa. Both, you and School are in violation of Chinese Law.

 

You can get more info about your passport at your Embassy.

Scandinavian:

it is not illigal for some government organizations to keep their employees ID, e.g. if you work for the tax department, you are likely to not be allowed to leave the country. you are of course also not very likely to be a foreigner 

10 years 28 weeks ago
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10 years 28 weeks ago
 
Posts: 821

Shifu

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Tell your embassy.

I hate this kind of treatment of teachers. I have some Filipino friends in Hebei and their boss, a Chinese, keeps their passports so they can't escape.. ESCAPE?? WTF?? This guy is a really big fish in Hebei, he only employs Filipinos as from experience he knows he can treat them like sh*t.

Please tell your embassy. Don't let these evil people get away with it any longer!!

icnif77:

Even if OP will complain to his/her Embassy, the most likely end result will be 'passport returned', butt....'School won't hire you anymore'. EDIT: 'Who will extend your Chinese visa?"

I was in the similar position in 2009, in Harbin. I complained to my Embassy 30 days after I submitted my passport to School for F visa stamp. Despite Embassy's intervention, I received my passport from the School 10 days before F visa (3 M) expiration (or 40 days after I complained).

School refused to renew Contract, and extend my F visa. 

10 years 28 weeks ago
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Rin:

I get your point, but maybe this is for the best. All these evil 'employers' should be ousted.

I suggest the OP start looking for another job right away, then if the shark still won't give his passport back, go to the embassy, get the passport back and transfer to the new job.

These evil people prey on the insecurities of non native speakers and use it against them.

10 years 28 weeks ago
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icnif77:

I agree! Best solution is to look for the new School immediately. Even without 'Embassy complain'.

School doesn't keep OP's passport as 'keeping a hostage'. It is very easy to terminate Contract while on F visa. You just need new employer, in other words 'you can walk away from old School (F sponsor) tomorrow morning.'

When you work legally, with Z visa/Residence permit, you must submit few documents to your new employer for RP extension. All necessary documents for RP extension can be issued only by your old employer/RP sponsor. No such thing with F visa.

10 years 28 weeks ago
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10 years 28 weeks ago
 
Posts: 22

Governor

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For godsake man contact your embassy.  you may also want to familiarize yourself with chinese law and visa policy and maybe find a reliable source of information other than an internet forum

icnif77:

Your Embassy cannot extend your Chinese visa. New employer should be priority (for visa extension), IMHO.

10 years 28 weeks ago
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vuducknudle:

You're absolutely right.  Your embassy cannot extend your visa.  Nor can you extend a visa without a passport.

10 years 28 weeks ago
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10 years 28 weeks ago
 
Posts: 3292

Emperor

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Firstly, I don't believe you are a foreigner, because you used the word "escaped."

 

If you are, you are working illegally on an F visa, so have no rights. Your embassy is powerless to help you. SAFEA will recover your passport, but expect to be kicked out of the country and fined.

Rin:

He could be a Filipino. There are a lot of Filipino teachers here, getting treated like this. Just a thought.

10 years 28 weeks ago
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masonk:

'Firstly, I don't believe you are a foreigner, because you used the word "escaped."'

 

So the OP is definitely Chinese huh.. so much for my Italian and Croat mates who use words like "escaped" in similar contexts.

10 years 28 weeks ago
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Traveler:

Filipino, Croat or Italian - that makes the situation so much better. They would be working illegally on several grounds (F visa, non-native English speaker), and have next to no chance of resolving the situation.

10 years 28 weeks ago
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10 years 28 weeks ago
 
Posts: 5156

Emperor

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Traveler is right. You come here and work illegally, you made your bed.

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10 years 28 weeks ago
 
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Emperor

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Please contact me via PM. I'll give you some information that can help you. I'll need the name of the school, their phone number, etc.

Traveler:

Anon: Never give your details to people you don't know. Some people pass this information to authorities, and since you are working illegally, they will try to trap you.

10 years 28 weeks ago
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icnif77:

Why can't we downvote (closeangry)  comments?

10 years 28 weeks ago
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Hulk:

To clarify: I will not do anything to get you deported, nor will I alert any authorities to your situation.

 

I will simply give you information. And your school, if you want me to, I'll have someone contact them...

10 years 28 weeks ago
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10 years 28 weeks ago
 
Posts: 13

Governor

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Passport is property of the State which issued it, and you have no right to deliver it to any other body and nobody has the right to arrest your passport (except may be police authorities). So, he is committing a crime. You should warn him, that this action is a crime and you are ready to go to inform police.

About his fear that you may flee. To leave the work at any time  is your right. And the employer if he wants to punish you for violating contract should invite you to judge, to court, but he cannot arrest you or your documents. If he does - it will be "kidnapping". He should act in accordance with law.

Visa is issued by the state and he has no right to sell it for 6000 rmb to anyone (such business is illegal). His losses are his problems, not yours. If you are sentimental you may offer him the official prise of visa (what should be paid in consulate).

To police you may say that you dont want to work here because dont want to violate chinese law, you didnt know before that you cant work as teacher with visa F. And you didnt start working at all...

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10 years 28 weeks ago
 
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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