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Q: Z-visa related question, leaving an employer
Hello, all,
First of all, let me explain my name. I wear the dunce cap because I agreed to work for English First in spite of its resoundingly well-established (and, as I have found, well-deserved) reputation. No need to say anything about that--believe me, I have learned my lesson. For a variety of reasons (that include, but are certainly not limited to, paycheck and work hour shenanigans), I and several others are planning to send in our resignations by the time the year is up. Adios, assholes.
My understanding of Chinese visa laws as it pertains to this situation predates the changes that took place earlier this year. When I left my previous company, I was required to have my work permit canceled (which the company was required to do), receive the release letter confirming that I gave appropriate notice (which the company was required to do), and get a letter of recommendation (not required, but I can get one from my immediate supervisor).
EF, of course, alleges that I must turn over my passport so that they can cancel my residency permit. I do not believe this is the case, and I am not going to let the drooling morons they have in HR touch my passport unless I know for certain that I am required to do this. Can anyone confirm either way whether or not I need to have my residency permit canceled, or if this is just another silly little EF power play?
Also, what does Chinese law say regarding a breach of contract on the part of the employer? So far, EF has effectively made it impossible for me to receive items that the company is contractually bound to give me (and others have not even received their paychecks for the previous month).
Any advise, or any resourse I could use to answer these questions would be very much appreciated.
10 years 24 weeks ago in Visa & Legalities - China
School doesn't need your passport to cancel RP. Old RP is usually replaced in your passport by new one. Old employer must cancel your FEC, and needs blue booklet, not your passport.
You should report Contract violations to SAFEA in the city. It is the same office, where you got your Foreign Expert Certificate. SAFEA will help you later in (last) salary and documents retrieval. You can test your employer's mood with the Q: 'Can you tell me SAFEA's address, please?'
Upon Contract violations, you are able to quit your RP sponsor without (30 days) Resignation notice. However, I suggest you find new employer (new RP sponsor), first.
Your old School is required to submit in 30 days (after your last working day) all necessary documents for RP extension.
The school will need your passport to cancel the working visa, so you can trust them on this part, after it's canceled you should go to the PSB and apply for an extension so you have time to find a new job in 30 days and transfer the visa to a new school or company..
Also EF being EF maybe doesn't want you roaming around or working in China with the months left on the resident working permit they gave you.. Fair is fair, give your passport to the HR, I promise that this is a normal thing, if you get caught working at another school on a EF work permit, EF pays the price, so they strictly follow the book.
icnif77:
Not in my experience! I quit twice for 'Contract violations', and I kept my passport, till I didn't need to extend RP at PSB.
ironman510:
But this is EF we're talking about not some no name school, yes I also have left companies and kept my remaining months on my work permit. But if you leave EF, they must keep their name and reputation clean, they will and need to cancel the work permit ASAP, again do think EF is going to let you keep your remaining months for breaking your contract? NO! , after it's canceled, then you have 30 days to find a new job, add another 15 if you need it, the PSB would help you out in this case.
icnif77:
I want to say, School doesn't need your passport to cancel RP. I assume, School must cancel RP at PSB, but without passport.
If School is in 'contract violation', SAFEA will support you, doesn't matter 'name of the School'.
ironman510:
I'm sorry to be the one to break it to you, but yes EF must take the passport to the PSB after all is said and done, The PSB will stamp the Resident Permit with a red cancel stamp.
The Labor department will cancel his "expert certificate"..
Then EF on the last day should hand over, 1. A release letter.. 2. The copy of the canceled expert certificate. 3. A recommendation letter..( But in his case its 50/50 he gets it because he broke the contract.)
After that, he has 30 days to find a new job..
icnif77:
OP didn't break the Contract! School did!
My ex-Schools weren't required to bring passport to PSB for RP cancelation before my exit. RP was canceled at PSB, when 'extension' (new RP) was issued (and glued) into the book.
This is my experience from Liaoning and Xinjiang. Other Provinces maybe require RP cancelation by School.
ironman510:
Oh, I gotcha, but at least we made the point that the passport is needed at the PSB for canceling the RP, thats just my point to this contract breaking guy, to trust his EF HR and let them handle it..
Very interesting. I am experiencing the same situation unfortunately with EF. I am not happy with giving them my passport as well. Believe me, I have learned my lesson.
ironman510:
this could be a key reason of why English first is a Failed company
