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quit a job but keep the working visa
Apr 6, 2008 08:24
  • FRENCHGIRL
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  • Join Date: Mar 27, 2008
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Hey everyone

I would need some advice for my husband.
He's currently working for a chinese company, as an manager of a foreign language school in Guangzhou. The working conditions are not very good, and he has been offered a job in Shenzhen recently. The problem is that the contract with the school he is working for at the moment will end in august 2009. So he has to quit. But if he does, the boss will ask for 8000rmb as a breaking contract fee as specified in his contract, and of course he doesn't want to pay, because he doesn't feel he is treated well (he's just a white face). So the idea would be to leave without saying, just after the pay day which is on the 15th of each month, and so just lose 4000rmb, the half of a month salary. (we know it's not nice to do so, but...)

So the question is: If his boss tells the visa admninistration when he cancels the visa that my husband left in a pretty ugly way, can he have problems to get a new working visa in the future, in the same province? Can he be blacklisted or something?
Thank you !
Apr 6, 2008 17:45
#1  
  • GRIZ326
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  • Join Date: Jun 12, 2006
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It sounds like a bad plan to me; honor the contract, there is clearly clause in the contract covering this matter. You might try to negotiate it down, but honor the contract.
Apr 6, 2008 20:42
#2  
  • FRENCHGIRL
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I know it sounds like a bad plan, and we know why we would do it. Because if we left properly, there is a chance they would not honor the contract themselves. We are actually afraid they would for example refuse to reumbourse the money they have been owning us for one year and a half if he says he leaves. It's not like they are honest and respectful. we don't like the idea, but when it comes to so much money, we have no choice. We have a four month baby and are thinking about her too.
So my question is not whether we should do it this way or not, my question is really about the visa. So again, could he be blacklisted for his next working visa?
Apr 9, 2008 05:53
#3  
  • APAULT
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  • Join Date: Mar 11, 2006
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If you have problems with your employer you have a right to contact the Foreign Affairs Bureau foir arbitration, after having failed to solve the issues together. I do not know of anyone who has done this.

I would suggest that it is a good idea to quit and lose half a month's salary, there is even a procedure for transferring your residency permit (the Z visa has been canelled already) to be held by a new employer. I have met and heard of several people who have done this. As you will forfeit half a months pay, he is only entitled to 4000rmb and unlikely to come chasing it if you are elsewhere!

The following two paras are taken from http://www.mykindachina.com/news/info.php?id=125 (incidentally, he should have called their bluff and contacted the city Foreign Affairs Bureau who would probably have forced a change of mind in the Police (the references to work visa should really be residency permit, as the employer must get you this within 30 days of your arrival in China and a residents permit is issued instead.

Quote:
Some of the teachers, understandably, just left (due to other problems, as well). They gave decent notice and let the school know that this wasn't what they signed on for. The school made them cancel their work visa before continuing with their journeys - by telling them they had to take their visa to the PSB and downgrade it to a tourist visa.

DON’T LET YOUR SCHOOL DO THIS. For those in the know, these teachers got quite a shock when they were told they had to fly to Hong Kong in order to renew their work visas. For those of you not in the know: Your employer sponsors your work visa. All you need to do is notify your local PSB (Public Security Bureau) of the problems you are having and that you will be signing with a new school. The new school will then have your visa transferred to them or they will simply renew it for you. This way, you aren't required to leave the mainland to renew.

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