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Sign up with Google Sign up with FacebookQ: work visa cancelled, is it a legal requirement for your ex employer to deliver it to you?
So someone at my work has finished working with my company. They asked for their work visa to be cancelled. Now that is cancelled the guys in the office called him asking him to collect it. So far so good. Then he starts demanding that it be delivered personally to him before Friday 5pm or he will start legal proceedings against the employer. He said it is their responsibility to deliver it to him. Is this guy crazy or is my employer in the wrong for asking him to come to the office and collect his passport?
8 years 42 weeks ago in Visa & Legalities - China
The guy is crazy! The employer is responsible for canceling the work permit and giving it to the ex-employee. As to how they give it to the employee is not defined.
Why hey would they have his passport? That isn't needed to cancel a work permit.
You refer to a work visa. There is no such thing. If they've cancelled his resident permit then that is a different matter.
Lord_hanson:
Sorry, my mistake. It was his residence permit being cancelled. Yeah, I thought he was being weird.
icnif77:
He must be present at PSB with his/her passport for RP cancelation. I was in Fujian last year. However, my employer asked me for my book, and he would cancel it. I refused, and I accompanied School's rep. to PSB. I had to go to PSB few days later to get back my passport with 30-days S2 visa.
I think, this is not important detail, 'who must get and deliver passport'.
He'll get receipt from PSB, when he can get back his book with new 30-days visa, which is a MUST by Chinese law (30-days visa/RP extension), except when FT is dismissed for breaking-up Chinese law.
Lord_hanson:
He has just received the S2 visa now. I don't understand why he won't just collect the passport and that is the end of it. He can go his way the company goes there way. The termination of the contract was amicable and his idea. I just don't get why he is acting like this now.
icnif77:
Ridiculous. He might be pissed off with something at the School. Just ignore it, or tell him, before his S2 expire, he must exit China with his passport in hand.
Last year when my RP was canceled, I had new job lined up, and I was in hurry to leave the city. I also had to involve Fujian SAFEA, because my RP sponsor wanted to go for '7-days exit' RP cancellation, however I was dismissed without valid cause/violation. Our Contract had provision 'either party can quit Contract without reason, but resignation/dismissal requires 30-days notice'.
Sorry for the bump, I'd just like to find out quickly.
The guy is crazy! The employer is responsible for canceling the work permit and giving it to the ex-employee. As to how they give it to the employee is not defined.
Why hey would they have his passport? That isn't needed to cancel a work permit.
You refer to a work visa. There is no such thing. If they've cancelled his resident permit then that is a different matter.
Lord_hanson:
Sorry, my mistake. It was his residence permit being cancelled. Yeah, I thought he was being weird.
icnif77:
He must be present at PSB with his/her passport for RP cancelation. I was in Fujian last year. However, my employer asked me for my book, and he would cancel it. I refused, and I accompanied School's rep. to PSB. I had to go to PSB few days later to get back my passport with 30-days S2 visa.
I think, this is not important detail, 'who must get and deliver passport'.
He'll get receipt from PSB, when he can get back his book with new 30-days visa, which is a MUST by Chinese law (30-days visa/RP extension), except when FT is dismissed for breaking-up Chinese law.
Lord_hanson:
He has just received the S2 visa now. I don't understand why he won't just collect the passport and that is the end of it. He can go his way the company goes there way. The termination of the contract was amicable and his idea. I just don't get why he is acting like this now.
icnif77:
Ridiculous. He might be pissed off with something at the School. Just ignore it, or tell him, before his S2 expire, he must exit China with his passport in hand.
Last year when my RP was canceled, I had new job lined up, and I was in hurry to leave the city. I also had to involve Fujian SAFEA, because my RP sponsor wanted to go for '7-days exit' RP cancellation, however I was dismissed without valid cause/violation. Our Contract had provision 'either party can quit Contract without reason, but resignation/dismissal requires 30-days notice'.
He's obviously being unreasonable (unless he's had to post it from somewhere, or is miles - provinces - from the employer).
If he started 'legal proceedings', he'd get laughed out of court - and the lawyer would laugh in his face (after court, and after being paid way too much money!)
The obvious thing for him to do would be to have someone he knows and trusts collect it if they happen to be in the office, and then give it to him next time they meet up.
That, and stop being a dick.
Lord_hanson:
He lives about 30 minutes drive from the company office. Sadly the visa department has dumped this on me now. My patience is running out with him. I am trying to be polite but I believe I might end up telling him to stop being a dick.