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Q: When should your employer give work proof?

School HR said that they will not relinquish documents (work proof and FEC) until the last day of work/school. Is this legal? Surely someone here knows about this?

3 years 18 weeks ago in  Business & Jobs - China

 
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Yest it's unfortunately legal. Last checked (years ago) they have about 14 to 20 days after your last day worked to give you your release documents. Which sucks because your visa typically expires the last day worked  and some shady schools might give you a bad reference because they hate that you left

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3 years 18 weeks ago
 
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bump* I need an answer

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3 years 18 weeks ago
 
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What's 'work proof'?

It use to be Chinese law regulation, I am familiar with it:

 

'School must submit Release letter and FEC Cancel cert. in 30-days after the last working day.'

 

Law and regulations changed last year, and I am not familiar with novelties ... but, I would ring SAFEA and ask them about it, i.e. 'from horse's mouth' thingy.

 

I asked my School in Guizhou last May for the Release letter a month before Contract's end and I got stark reply: 'You will get RL after you'll return apartment in order!'.

 

 

 

 

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3 years 18 weeks ago
 
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FEC is "issued to bearer".....that's you.....and it says so on the inside cover Just like a passport is issued to bearer. They have no legal right to withhold it from you. Your responsibility is to return it to them when you leave.

The harsh reality is that most employers hold the document. It's bollocks but that's what they do....my company says it is to keep it safe in case i lose it. Like you can't be trusted with it for some reason because you might.....i don't know.

I'm not seeing why you need proof of employment. To get a new job? It's not normal procedure to check a reference or even make a phone call to your previous emplyer. Can you provide a bit more info please mate?

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3 years 18 weeks ago
 
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Yest it's unfortunately legal. Last checked (years ago) they have about 14 to 20 days after your last day worked to give you your release documents. Which sucks because your visa typically expires the last day worked  and some shady schools might give you a bad reference because they hate that you left

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3 years 18 weeks ago
 
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If you work within the People’s Republic of China, to go work for another place you will need from the Company/School/Institution to provide a Reference Letter (推荐信), Receipt Cancelation of FEC/Work Permit (注销涵) and Release Letter (离职信).

They must give you these documents when you leave, but they are not required to provide them before your last contracted day.

Either last day of contract if you are completing the contract or last day after giving proper notice.

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3 years 18 weeks ago
 
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Do you mean" work proof " is the certificate of employment? because your employer will give you if you ask for it. But normally employers give Letter of Recommendation because you will need it for your next employment. As for the cancellation of your FEC your school can already do that towards the end of your contract especially if you have a new school so they could renew your visa before it expires. It happened to me, I asked my employer to cancel my FEC 2 months before it expires while I finish my contract with them so my new employer could process the renewal of my work permit and visa. I hope this could help you.

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3 years 16 weeks ago
 
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I wouldn't worry too much about it. If another school, or recruiter, wants you they will hire you. They have ways of getting what they want in China. The shifty processes work in both directions. The school in this case is in the right. Look at your contract. 

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3 years 15 weeks ago
 
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Answer of the DayMORE >>
A: You can work only if you hold a work permit and residence permit yours
A:You can work only if you hold a work permit and residence permit yourself. The same conditions for all foreigners apply. You have a job and the company can legally employ foreigners. Work permit is tied to that company and location that you are actually working and the position matches. You can't just work in China if you hold a dependence visa or residence permit.  -- jmintzis