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Q: What should you do when your boss is threatening you?
I'm basically being threatened with being blacklisted from working in China and having my visa canceled if I don't renew my contract with my current employer.
8 years 27 weeks ago in Business & Jobs - China
Empty threats - your employer is obligated to give you a release letter. If he doessn't, contact your local SAFEA and the release letter will appear right away.
Enteash213:
Thanks for the info. I'm a teacher and I was promised a raise a year ago when I signed. Now my boss is going back on that but still wants me to renew.
Empty threats - your employer is obligated to give you a release letter. If he doessn't, contact your local SAFEA and the release letter will appear right away.
Enteash213:
Thanks for the info. I'm a teacher and I was promised a raise a year ago when I signed. Now my boss is going back on that but still wants me to renew.
If you complete the Contract, your employer is required to submit Release letter and FEC Cancelation Certificate in 30-days after your last working day. ------> Chinese law
Your new employer will need both documents to legally employ you, and extend your Residence permit.
If you intend to change your employer, you must receive 30-days RP extension (or 30-days L) after the end of your Residence permit.
'Blacklisting' is a myth, IMO.
Employer most likely must report all employee's contract violations to SAFEA, and FT with grave violations probably can't get new Working permit/FEC.
Enteash213:
This's very helpful. I didn't know that. I fully intend on finding another teaching job. There are plenty of them in Shanghai. I'm already looking but my boss is trying to force me to sign by tomorrow. Payday is the 10th. I just hope they don't screw with my money when I tell them I'm not going to renew. How convenient that they're pressuring me to sign before payday, another scare tactic. I was hired last December 19th and according to the contract I have thirty days before my contract is over to give them an answer. So they're already breaking their own contract by trying to force an answer out of me early. Also, in the contract it says that a raise will be given based on my performance/evaluation score but they're refusing to give me one or increase my housing allowance. They're doing this to other teachers as well, trying to force them to sign with out a raise. That happened yesterday to a Russian coworker of mine. I asked why he signed if they didn't give him a raise and he said that he didn't have time to prepare to look for another job. So another thing that they're doing is giving you very short notice about signing. Sorry for the long reply but I needed to vent.
icnif77:
I'm assuming, you're working legally, with RP and FEC. I'm sure, your Russian buddy doesn't.
If you have RP and FEC, dial SAFEA (Foreign Expert Bureau), for help and advice. They will make your employer respect the Contract, and pay all required monies.
Enter 'SAFEA' in search above for an address and contact no. in Shanghai.
Enteash213:
Thank you. I'll do that. I have a Z visa and RP but apparently they hire most if not all of their teachers as consultants and not actual teachers.
Shining_brow:
The Russian buddy could be working very legally!
And we don't know that the OP is...
Just saying...
icnif77:
@Shining: by my experience, Shanghai FEB require FT is Native English speaker in order to grant WP, hence my conclusion every working Non-FT in Shanghai (Beijing, Guangdong, Shenzhen....) is 'illegal'.
If your boss threaten you like that, probably 1). You are needed, and 2). They don't want to go through another painful recruitment process.
"I fully intend on finding another teaching job. There are plenty of them in Shanghai." (your response to icniff77)
This means you are in a strong negotiating position. I agree with you, go find a better boss, a better school with higher pay, it is not worth your while hanging around some greedy extortionist.
You might want to point out to them that it's harder to find teachers when a disgruntled ex teacher goes on the internet naming the school and describing how lying, threatening and withholding salaries is how that school does business.
Well, assuming what you say is correct, I cannot see what you are worrying about. You cannot be blacklisted or deported for leaving a job at the end of a contract. You are not legally bound to signing a new contract either.
Take the threats with a pinch of salt and contact SAFEA if your current employer tries to do anything to prevent you from finding an alternative employer. As others have said, providing you have completed your contract, you are legally entitled to the release letter.
Enteash213:
Everything's correct. It's just that it's only my first year and I'm unsure about a lot of things.
If you don't resign the contract, they will screw you out of the previous month's salary, or at least try to by making up some implausible story. That's how some of the penny pinching douchebags roll at nickle and dime training centres.
What the others have said..
But.... with the various laws and regulations, it's possible that a school can seriously dick you about! All they need to do is make an accusation of bad behaviour - theft, etc - and you're stuffed!
I would suggest - even if they offer you a raise, and offer what you want - leave! (if you've got a better job). It's unlikely the money is worth the grief of such a boss.
And yes - name and shame! You could also threaten back, stating you know he's got illegal teachers there - how much would that fine be (compared to what is owed to you?)
They can't blacklist you for this reason, regardless of how much guanxi they have. They can blacklist you if they have proofs (video recording, ...) of bad behaviour or you threatening the Chinese government, words won't work in that case, they need proofs. They are however required by the law cancel your working permit if you leave your job or don't renew your contract since each company has a limited number of those and they probably need it for the next foreigner who will take your position. They can't cancel your working visa if you don't hand them your passport, you don't have to by the law.
Looks like you have a new career as the office bitch. Suck that guys dick and you'll get the payrise.
