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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?
6 years 3 weeks ago in Business & Jobs - China
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
bump* I need an answer
LESchools:
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.
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!'.
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?
nzteacher80:
They called it work proof but I think it's just the release letter. It's been 2 years or so since I changed jobs and I've forgotten most of the stuff that goes along with it. I knew about retaining the FEC but they've kept their hands on it in case I lose it or eat it or something.
iWolf:
I have very limited experience with this only every having 2 jobs in China but i left my last jib after a bit over 5 years. The day i left i signed a termination of contract letter. About a week after that i signed a return of documents letter (although they had held the fec) - this letter said they would cancel fec. Then there was the final letter that said i can't sue them fir anything and they won't sue me fir anything. One wonders what occured in the past to make that baby part of the exit document package. You know you have to expect them to fuck around for a while trying to find some gormless twonk to take responsibility in case it goes balls-up for some reason. Best of luck mate.
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
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.
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.
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.
