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Q: What would be my best solution for my problem?
As of april 1st I quit my job after my manager started yelling at me when I asked why taxes were not being withheld from my salary. On the tenth the manager emailed me about writing them a resignation letter. They told me I will have to pay 1000USD which they will deduct from my salary. I told them I did not breach the contract as they failed to pay my social security premiums. According to Chinese labor law chapter 4 article 38, subsection 3 a laborer may dissolve his contract if his employer does not pay his social security premiums. A few days ago I went to the Safea office to ask for assistance and the lady at the desk told me that they had tried to cancel my work permit were not able to because they did not have my signature. We are in a Mexican stand off. They want me to provide them with a resignation letter stating that I quit on April 1st,2019 and agree to pay 1000 as a breach penalty, they want me to sign document release forms, and they will need my passport. I told them that I want my salary, the letter of release, and the releasing documents as I have found a new employer during that time. They have threatened me a few times saying if i do not cooperate with them they will get the police after me. I understand if they did have that power they would have likely done it and if the police were to arrive where I am I would tell them I am happy to provide them with the paperwork they ask after they have paid my salary. I have to admit that I am not really desperate for money. Besides my work income I have a trust fund that was set up by my father which equates to 7000cny per month and I have about a months worth of income saved up. Based on my lifestyle my main expenses are housing and food. I was at the job for two months and they hadasked me to get an apartment which I said no to as I was worried that the job might not work out and I did not want to spend 6 months rent when I feel uncertain about my job. Now I stay in hostels andhotels until the matter is resolves.I should state that the employer is RISE Immersion subject English i Shenyang China. Any suggestions?
4 years 51 weeks ago in Visa & Legalities - Shenyang
Go to the PSB and explain the problem, make sure none of the kids at your school have parents at the PSB. The school is not paying or reporting taxes, many schools do this, the tax authority and the PSB are separate entities that have different agenda.
Your rocking the boat and if they pay taxes on you, they have to pay for others, once the system gets payments, payments are expected, they have been avoiding the law.
Money is more important than you and they will just pay off the PSB and screw you to avoid long term tax payments for teachers in the future.
The best you can do is get out of your contract with the PSB making sure you get a clean record to move on.
ambivalentmace:
I worked at a large chain school once were a teacher had injuries from a motorcycle accident and filed for medical insurance since he was a passenger and the driver had no insurance on the bike. The so called medical insurance wanted proof of tax payments for the foreigner salary to pay the claim and the school just paid the medical bill and told the foreigner the insurance company was not following policy and they would change companies. They were deducting taxes but it was not going to the government, it was bribes or bonuses for the Chinese managers. Just because your paperwork says taxes are withheld, does not mean it actually went to the government, go to the tax office and find out if they are paid is a bad idea because you just admitted to not paying, then you get held from leaving china, pay the taxes due again and piss off everybody at the school who will come looking for you.
Go to the PSB and explain the problem, make sure none of the kids at your school have parents at the PSB. The school is not paying or reporting taxes, many schools do this, the tax authority and the PSB are separate entities that have different agenda.
Your rocking the boat and if they pay taxes on you, they have to pay for others, once the system gets payments, payments are expected, they have been avoiding the law.
Money is more important than you and they will just pay off the PSB and screw you to avoid long term tax payments for teachers in the future.
The best you can do is get out of your contract with the PSB making sure you get a clean record to move on.
ambivalentmace:
I worked at a large chain school once were a teacher had injuries from a motorcycle accident and filed for medical insurance since he was a passenger and the driver had no insurance on the bike. The so called medical insurance wanted proof of tax payments for the foreigner salary to pay the claim and the school just paid the medical bill and told the foreigner the insurance company was not following policy and they would change companies. They were deducting taxes but it was not going to the government, it was bribes or bonuses for the Chinese managers. Just because your paperwork says taxes are withheld, does not mean it actually went to the government, go to the tax office and find out if they are paid is a bad idea because you just admitted to not paying, then you get held from leaving china, pay the taxes due again and piss off everybody at the school who will come looking for you.
Would it be ideal for me to go to the PSB and tell them that the I resigned from the school on april 1st and tell them that the school refused to accept my resignation and wont pay my salary or release my documents. After I get my salary and release documents I inform the tax bureau that the school is not paying its taxes like it should. i have only worked there for a month and complained after I saw they did not pay my taxes for that month. after I have what I want I am willing to snitch on them because i could care less if everyone there is pissed at me..
I've seen similar situations play out before.
The last school I was at we had a few new teachers having trouble getting their letter of release from their previous schools. A call from our school reminding the other school that they legally have to give you the letter of release is usually enough, if they don't want to the school would usually just say the next call will be from the PSB, that always resolved it.
You said you found a new job... are they willing to get involved? All they'd have to do probably is call RISE and tell them they have to give you the letter of release, it's hard to imagine them wanting to take it further if they haven't been straight with the taxman.
As for the money they owe you, I hope you get it but sometimes you just have to write it off, call it an expensive lesson learned and move on to something better.
Don't give them your passport either, that just sounds to me like they want to have some way to extort you and I can't see how they'd need it.
