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Thread: work license to z-visa to work permit

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[quote=IANMWASHBURN,257130]Thank you Paul for you informative, if unnerving, response.

No, I am not the OP (Original Poster) of this thread. Neither am I from HK.

Yes, I have a Z Visa (RPF) issued in Shanghai and good until May 2008. I also had an Alien Employment Permit (AEP) that runs concurrently, but gave it to my new employer who in turn says they have submitted it with my FEC application.

I am still entertaining the hope that the new employer does actually want to hire me, and that the delay is due to their own ignorance and administrative incompetence.

Today I will pick up the Health Certificate based on Monday's examination at the appropriate clinic. Then I will give this, my passport and all other paperwork to the employer who says it will immediately be taken to the local authorities for processing of my FEC and new RPF.

However, should there be any further delays, I intend to take whatever legal measures I can to a) protect my interests and remain a legitimate resident and worker in Qingdao and; b) seek redress through the courts for breach of contract, FEC and RPF irregularities, tax fraud, and whatever else I can think of.

I have documented all communications with the new employer.  Also I have training and experience in litigation support, so I know how to gather evidence, generate exhibits, and do legal research, etc.

Of course I am aware that the Chinese court system is not the best option. But as in all countries, a company faced with a strong, documented case will most often settle out of court if they see that the plaintiff has a strong case against them, and appears ready to file. The fact that my employer is a high-profile company also would lead one to believe that they would not want public disclosure of their negligence, malfeasance and fraudulent practices. However, this is China, so who knows what kind or established relationships they will rely on within the judiciary and regulatory agencies, or what other tricks they might pull.

But as I said at the beginning of this posting, I am still living in hope that they are only incompetent bunglers, who have enough connections to get my FEC and RPF, even though technically we are way past the proscribed time limits.

Even so, once these are in hand, I will begin making loud noises within the company's top management in Shanghai, to try to insure that this never happens again in any of the company's schools nationwide.

It is very unpleasant to live in fear of fines and deportation. Especially when one has done nothing wrong, and has attempted in every way to meet the letter of the laws and regulations. This is truly a tort.

Thanks for your advice. By the way, does anyone have any experience with filing suits in the Chinese courts, or working with the SAFEA and PSB?

Thank you for your detailed advice.

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