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Posts: 31

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Q: Cancellation of work permit.. Mutual Termination agreement?

Hello guys,

long story short, I am leaving my company. Everything is settled between us and we are about to sign a mutual agreement of departure, in which the company put all the money, stuff they will give me, and I put all the things I need to do before I leave.

 

but we still have an issue, and I want your advise:

 

I asked the company to give me some time to find a new job. Which means they will not cancel my work permit. After a lot of talks, the company agreed to give me a 2 month period.

 

However, the company says it cannot put that into a mutual agreement because it may be concidered as illegal.

 

and they are right: the law require them to cancel the work permit, at most a week after my last day at work.

 

do you think there is any "legal" way to put it into the mutual agreement? I am thinking of asking them to write that they will give me a 60 days notice, in which I am not required to come to office, and in exchange i dont receive any salary. this 60 days period  is given to enable the employee to prepare his departure.

 

But I am not sure if this is an acceptable legal formulation... any suggestion?

4 years 40 weeks ago in  Visa & Legalities - China

 
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Years ago, you could extend your visa by getting a short term tourist visa for 14 days or 30 days for a fee with the school and yourself going to the Psb for the visa. This was set up for teachers with families that may have been in China awhile that may need to move a container or a car back home, most teachers, unlike other professions don't have assets like this in a relocation but it was available. In shandong some schools would pay 200 rmb for the 14 day and not tell the teacher about the 30 day for 400rmb simply because you are using the schools housing and you are a dead weight expense to them, the sooner your gone the cheaper for them. Naturally you should offer to pay for the visa or they may lie and tell you there no such thing available. Always remember how cheap Chinese people are and that you are only here for them to exploit, it's not personal, it's only business, no matter how much they smile and act like they care about you, this is a country so cheap they don't even bother to change the year on the money they print, notice all 100 rmb notes say 2005 and redesign 2015 with a bar code strip and all 1 rmb notes say 1999.

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4 years 40 weeks ago
 
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It would solve your problem but would be quite a big thing to ask from the school and I wouldn't blame them if they don't want to do that.

 

I don't know about the legality of it but that aside, they'd still be partly responsible for your actions while you're not making money for them. If you got caught teaching illegally in another city for example that could come back on them as your sponsor. There's not much in it for the school except potential risk.

 

It would be a bit like an unlicensed driver asking to borrow your car for two months. They might want to do you a favour but the car insurance would be invalid and they'd be the ones receiving any speeding tickets in the mail and answering difficult questions from the police if you got in a crash and hurt someone.

 

 

That being said, I have heard of schools doing things like that so you could ask them I suppose, I wouldn't hold it against them if they won't do it though.

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4 years 40 weeks ago
 
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Years ago, you could extend your visa by getting a short term tourist visa for 14 days or 30 days for a fee with the school and yourself going to the Psb for the visa. This was set up for teachers with families that may have been in China awhile that may need to move a container or a car back home, most teachers, unlike other professions don't have assets like this in a relocation but it was available. In shandong some schools would pay 200 rmb for the 14 day and not tell the teacher about the 30 day for 400rmb simply because you are using the schools housing and you are a dead weight expense to them, the sooner your gone the cheaper for them. Naturally you should offer to pay for the visa or they may lie and tell you there no such thing available. Always remember how cheap Chinese people are and that you are only here for them to exploit, it's not personal, it's only business, no matter how much they smile and act like they care about you, this is a country so cheap they don't even bother to change the year on the money they print, notice all 100 rmb notes say 2005 and redesign 2015 with a bar code strip and all 1 rmb notes say 1999.

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4 years 40 weeks ago
 
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I had a similar experience a few years ago. They said they'd wouldn't start the process to cancel everything for a few months because they wanted me to work part-time in the summer camp after two replacements for me didn't arrive in china. We had a good relationship so i agreed. (Sucker!)
It all went well until i applied for my next visa. None of the dates on the documents matched up and many questions were asked. Many.

TPP:

Predictably, the school denied all knowledge and tried to throw me under the bus. I was completely honest with the officers and fortunately they understood what had occurred and it all worked out in the end.

4 years 40 weeks ago
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4 years 40 weeks ago
 
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Hey Guys, they said we can do 30 days. in which you can try to find a new job.

I am not trying to teach illegally somewhere, I have offers that are coming in, just dont want to be in a situation where I am forced to choose a job on the basis of time only.

 

I asked for more than 30 days, they will figure out how it will work..

 

thanks a lot!

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4 years 40 weeks ago
 
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My company, Intelligent English, has done so many illegal things to me and my fellow co-workers that we've tried to leave many times. The problem is, only two of us have work permits (the rest are working illegally) and they WON'T cancel our work permits. We need the cancellation to go to another job in China, but we are trapped. Paul Jeffery, the owner, said he doens't have to give us any documents. We've contacted agencies for help, but no one will force them to. They said to play dirty. What should we do?

TPP:

1. Safea will make them give you a separation letter. The wp also expires. You guys seem particularly uninformed about the basics of working in china. Didn't you do any due diligence?

4 years 39 weeks ago
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icnif77:

Enter 'SAFEA' in search above for address and ph. no. of provincial HQ and dial them up.

You will most likely get English speaking Chinese answering the phone.

SAFEA (Foreign Expert Bureau) approved your WP and they will sort out your employer with single call.

4 years 39 weeks ago
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4 years 39 weeks ago
 
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Finished my last day of work in June, starting at another school in September. My original school had to cancel my work permit but not my resident permit. This September I need a new physical and criminal records check from my previous Chinese resident city. This will allow me to transfer from old school to my new school. 

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4 years 37 weeks ago
 
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Sounds to me like you want to work illegally under their docs, If you really wanted to just find a new job, 1. doesn't take 2 months to find a new gig in China 2. your work permit doesn't need to be current/ active upon finding a new job (it's about your visa) 3. it is illegally for them not to cancel your work permit right away 4. t(this is the most important) you'll need proof of cancellation when applying for a new gig

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4 years 36 weeks ago
 
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Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is 'S
A: "... through ..."?  Only "through" comes to mind is 'Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by 1. Finding an employer; 2. Employer applies for an Invitation letter; 3. Exit China and apply for Z visa in your home country's Chinese embassy ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77