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anonymous
Q: How to change an FEC?
What do you need to do to change a Foreign Expert Certificate from one field to another?
12 years 12 weeks ago in Visa & Legalities - China
Placement agency usually sponsor Z/RP, because schools, where FTs are placed, don't have SAFEA's authorization for FTs hire.
Placement agency sponsor Z, and send FTs to schools around China (Helen Group).
If you want to work for School directly, School must hold Gov.'s authorization for FT hire.
Make sure, School has such an authorization and will be able to sponsor RP.
If School doesn't have an authorization, they can't extend/change RP records at PSB. They won't be able to get FEC, either.
If you are going from teaching to business or company you have to reapply and exit or vice versa. Only with in the field of your original FEC is it able to be transfered
dom87:
you dont need to exit china for this.
they let you transfer to M visa first till your new working permit is ready
We are staying in the same school. Just being employed directly by school and not an agency. Our RP will still be valid for 1 year. If we change FEC do we need to reapply for RP? How long do you have between employers to register FEC?
Our school seems to be clueless about all this so need so help please.
icnif77:
As I understand, you don't need to re-apply for RP, if you stay in the same Province. You must go to PSB (police) to change their records as 'new RP sponsor/work place'.
I did that in Liaoning in 2011. I resigned in Yingkou for contract violations, and moved to Dalian.
We changed FEC (just SAFEA's records and new stamp with new employer title, I think), and we went to PSB, where cops didn't do any changes in my passport. They just changed their records of (new) employer tied to RP.
Placement agency usually sponsor Z/RP, because schools, where FTs are placed, don't have SAFEA's authorization for FTs hire.
Placement agency sponsor Z, and send FTs to schools around China (Helen Group).
If you want to work for School directly, School must hold Gov.'s authorization for FT hire.
Make sure, School has such an authorization and will be able to sponsor RP.
If School doesn't have an authorization, they can't extend/change RP records at PSB. They won't be able to get FEC, either.
Now our agency are saying we can not work for the school directly for 2 years as its in the contract they have with the school!!! And our school will not re-sign with the agency.................What a mess!!! We are in the middle of a petty fight. If we stay here the agency will cancel our F.E.C and not officially release us!! Its all seems very unfair on us as we are the ones who will be out of a job.
iWolf:
Just a thought as I don't know all the ins and outs....if an agency is employing you now then the address on your FEC is not the school, therefore it is illegal and in breach of your contract because you don't work at the address specified on the FEC.
Ergo, your/their contract is invalid because of this. If your FEC address is the school then the agency has no hold contractually.
*note: I am not a lawyer but that seems to make sense to me. But TIC.
Say 'I'm sorry' to the Agency, and re-sign new Contract, if it's still possible. You need Residence permit sponsor, so you must renew Contract with them.
Call SAFEA, and ask for an advice and help.
OK. All good advice thanks.
If the Agency cancel our FEC and refuse to give us a release letter, where do we stand & how do we get a new FEC.?
icnif77:
You can't renew/extend RP without Release letter, so advice is to finish your Contract, or resign, if employer violates the Contract. If you'll resign, respect 30-days Resignation notice from the Contract. SAFEA will come handy in 'quit' option.
School must (in both examples) give you Release letter and FEC Cancellation Certificate in 30 days after your last working day ---->Chinese law.
So you mean that the agency must issue us with F.E.C within 30 days of our last day of work?
Hotwater:
No. They must issue you a receipt for cancellation of the FEC. This is then used to get a new FEC with another employer.
OMG!! Now the agency we worked for say the school can not employ us directly as they introduced us to them & there is a clause in the contract they have with the school that states we can not work for a school they placed us at for 2 years!!!!(our contract with Agy has finished) however, it says nothing of this in our contracts? Can the agency cancel our F.E.C legally or should they just hand it over as we have fulfilled our contracts with them?
iWolf:
If that clause isn't in your contract, or even if it is, perhaps a trip to the issuing station for FEC in the government centre at the back of the exhibition centre might be a good place to start.
Take a cantonese translator/friend who knows your issue with you. It is their rules you must comply with after all, so seek their take on this matter before getting a lawyer.
Good luck. Nils Bastardo Carborundum!!
iWolf:
I just saw this in the jobs section of this website: http://jobs.echinacities.com/jobchapter/1354485122
I'm not sure of the content of your Contract.
When you're changing an employer, FEC must be canceled by an old employer, and new employer must apply for new FEC with old FEC Cancelation Certificate.
FEC belongs to FT during validity of the Contract, however at the end of work FEC doesn't get handed to FT. It's Gov. property, and must be canceled or extended.
Dial SAFEA (Foreign Expert Bureau - issuer of your FEC) for an advice and help.
Enter 'SAFEA' is search above for address and contact numbers of Provincial SAFEA. Chinese English speaker answered the phone at SAFEA in Zhejiang, Liaoning, Jiangsu, Xinjiang, Fujian, Henan.
It's safe to say, that English speaker is answering the phone in every Provincial SAFEA.
Please, update the Board, after the talk with SAFEA.
But - does the FEC want to change???
Personally, I've never found it's a good idea to just expect (nor especially, to force) change to how you want it...
OMG! Its all very confusing.
We have a valid RP and our contract with the agency has finished. We will be teaching at another another school in the same province, employed directly by the school.
What is the correct procedure and what documents do our new employers need?
Hotwater:
From the agency you need a release letter and the receipt for the cancellation of your FEC. You then give these to your new employer who should then get you a new FEC, linked to them, and then a new residents permit linked to that FEC & your new contract. You'll probably also need a new medical as part of the process
OK! More issues with agency.
Our contract has finished with the agency but they have refused to release our FEC to us. They are saying that there is a clause is the contract between our school and the agency that placed us here stating that the school can not employ anyone who was introduced to the school by them. So if we stay here they are totally within there rights to withhold our FEC, therefore preventing us from working here.
What can we do?
Hotwater:
I'm getting a strong feeling of déjà vu here! You've already been telling us about your problems with this agency and the contract with the school not letting them employ you directly. This was at least a million nth ago on here....or maybe on zsrenn. Amazed you've not found a job elsewhere yet!
btw....the agency can't refuse to cancel your FEC at the end of the contract. Talk to the local labour bureau.
iWolf:
It couldn't have been on zsyawn, they aren't advertising anything and only Sun Yat Len can post blogs/forums (under several nom de plumes).
If a question did make it though the nazi moderation minefield then all answers would be harmonised unless they say something complimentary about the rock-spider running the dead horse.
I know. We have been fed so much rubbish from both sides stalling us to get us to stay with them and we have been away.
Will talk to bureau.
Thanks
iWolf:
Seriously, go to the FEC issuing office in the Entertainment Centre - entry is near Nancy's Wine Bar. Take a trusted Cantonese person with you.
What is the name of Agency and School you are asking question here?
I've just read back through this topic and I'm starting to doubt the OP.
Originally they get we're going to stay with the original school but directly employed by them (posts from 8 weeks 2 days ago and 6 weeks 6 days ago!)
then em they were having problems with the agency even though they were then going to work for a different school (post from 5 days ago!)
and now....back to having problems with the agency because of wanting to still work at the same school! Post from 2 hours 30 minutes ago!
and I did also read about this on ZSyawn....back in May! http://zsrenn.com/forum/topics/transfer-of-fec?overrideMobileRedirect=1
So what's going on S & D? You've been given plenty of advice. Why don't you have this sorted out yet? Doesn't take long to visit the labour bureau or phone SAFEA
icnif77:
I'm thinking, it might would be wise to not give any advices till the name of the School is revealed.
iWolf:
icnif77, I know the school they work at. It is probably the most prestigious high school in town...but it's not my place to name it.
It should be noted that they advertised on this website for teachers recently. One of my mates sent me a screenshot of it. Mr Hotwater, I just had a look, you are correct, the question was asked on the yawn in early May, 2015. Even Free Lunch Len offered the correct advice at that time.
icnif77:
@wolf: 'naming of the school and agency', would that be advertising?
When I had problem with school and agency, I asked question (explained trouble) and name the school, city and agency.
Here, I'm seeing the same questions posted despite advice was given several times (4 times by me only) already. Not that I really want to know details about school, however naming of the school is wise, especially if there are contract violations as warning to other FT.
Hotwater:
The problem isn't with the school. The problem is with the agency. So school shouldn't bed to be named
expatlife26:
Yeah right call not naming & shaming the school.
If these guys are legit, even if they probably aren't, no sense in possibly making trouble for them.
I'm also of the mind this is likely a troll, I just don't get why they do this. For some reason every post about visa issues seems kinda suspect when you dig down into it.
I don't get exactly what the game is throwing all this visa issue crap on an expat board but we defintely do. We'll get these periods of just floods of visa issue questions...why?
Yep, this has been going on for a while but there are more factors at play here than just the basics. Anyway, at last a solution has been found so thank you all for your sage advice.
iWolf:
Indeed good news. Perhaps you can share the events in the hope of helping someone else in this situation
Its not appropriate to go into detail. But just be warned if you are placed by an agency check there is no clause in the contract between the Agy & the school that the school can not hire you directly when your contract with the agy has expired.
icnif77:
And what, if that stipulation is in the Contract? What will you do? You won't sign a Contract?
That stipulation is between Agency and School, and it doesn't concern FT much. It is promise, that School won't circumvent Agency (and fees) at renewal (next) Contract sign.
I still don't see, how it isn't appropriate to enter details (School, Agency, city), if story is real and truthful.
So, what happened in the end?
I saw some wechat moments today that indicate it didn't turn out well.
