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Panda

The article gives good advise.. most contracts have a section that allows the foreign to get out of their contract. In the foreign expert certificate contract, provided by the Chinese government (if you are legal employed with a FEC), allows any foreign out of their contract with 30 days notice. Once written notice (which can be written in an email, which is date stamped), the employer, must release you from the contract and give you your release documents (3 documents in all). That said, once you have given notice, the company can release you anytime before those 30 days, but you will still be release without problems. You might want to check out the website: http://www.safea.gov.cn/content.shtml?id=12746016 (it has an English button) to check if you can respond to or complain about or dispute claims... I know there is a place that complaints can be made with the Chinese government...but for only foreigners that are LEGAL employed..the government won't help foreigner working illegally in China.

Mar 27, 2013 08:45 Report Abuse

instantkarma

I've changed my job 4 times with just the release letter and a second document which is like a reference. I've never needed a Foreign Experts book in Jiangsu and Fujian provinces. The health check book can save you the expense of another check but is not essential. They can "lose" a release letter but they can easily issue another one. OK so now there's a black list of foreign experts, probably a good thing to get rid of the misfits. Can an evil employer put you there unfairly with no appeal? Ha, I suspect so. Once I was threatened with being blacklisted because I resigned when I hadn't been paid even though I had a contract clause allowing 30 day resignation. My resignation letter caused me to get paid because they could see I was serious about cutting my losses if I had to. Some of these guys think ethics is a county in England. To make the playing field level, how about a blacklist of schools?

Mar 26, 2013 21:36 Report Abuse

Raskil

If they refuse to give it to you, then they are not playing straight....get out..slip away

Mar 26, 2013 21:34 Report Abuse

Mexpat

What about also with those companies that help you get your visa but, refuse to give you the Foreign Expert booklet. They hold it for you for "security reasons" and never give it to you, not even after your contract is finished. If anyone has red the inside of the back cover of such booklet, there are a set of instructions that specify that the owner of the booklet must carry it at all times as a valid form of ID.

Mar 26, 2013 17:35 Report Abuse

carlstar

it is because they own it. The actual person it is for does not own the Foreign Expert certificate. It is for them but the company it is from is responsible for holding onto it. Mental. Sure it is but "lets keep it China", in China.

Mar 26, 2013 21:48 Report Abuse

Guest2190434

The law says you own it and the school must give it to you. If you insist, they will give it to you. If hey don't, find a new job.

Mar 28, 2013 16:39 Report Abuse

WCG

Indeed. Never let the school have your identifying paperwork. Never leave them with your passport or FEP. They get a copy and that's it. Your passport is technically not even your property. It's the property of the issuing country. Same goes for all gov't docs. Never surrender your docs to anyone for any reason other than the proper authorities. You wouldn't give them, let's say your driver's license or your credit cards would you? So why let them hold on to your FEP. It's your identity! Most companies don't follow the rules. For example, did you know that if you are NOT German or from Singapore (I believe), then your company must enroll you into the Social Insurance program for foreigners. They are suppose to do it 30 days after hiring you. It's a good deal because there is an 80% employer match. So, no company wants to tell you about it. But it's suppose to happen.

Apr 05, 2013 20:01 Report Abuse

carlstar

That is very interesting. I remember a few years back and had one. I grabbed it and they imediately swipped it back and I got an angry look, like i touched a boob or something. I asked for it as it was mine but they said, to my face "We have to keep it by law". I did question that and they said "Yeah, it is a crazy law but it is how it is as we have to be able to show the police if they come asking or they can close us down right away". Lies are so much fun.

Apr 07, 2013 19:59 Report Abuse

bernhardtra

It is the employees document. I actually just spoke with someone who works for the PSB and they told me they have ordered companies to give the FEC to the employee. Companies don't want you to have it as you can actually cancel the document yourself. If you do, it does make it a bit harder to get a new one, but it is possible.

Nov 22, 2014 17:29 Report Abuse

rafa

If what Mexpat says is true then what you are saying makes no sense. You both cant be right.

Mar 03, 2016 17:07 Report Abuse

carlstar

The fact there is nothing you can do if a company holds onto documents, is a huge floor in the rules. If that is fixed then there would be no more issues. Company can't find the documents? Then they should be responsible for putting the person up in a hotel in HK, as that is where you will have to go.

Mar 26, 2013 10:56 Report Abuse

mike168229

huge floor?

Apr 17, 2013 10:46 Report Abuse

chrisallen89

Laminate

Apr 27, 2015 22:56 Report Abuse

rafa

flaw

Mar 03, 2016 17:03 Report Abuse

beijinger333

Can we get some sort of equilateral requirements? Not even sure how many times I've been screwed over by an employer. This thing should be a little less one sided. It's not like foreign teachers are the only people who break contracts. And actually, the fact that Chinese companies don't honor contracts too concretely only makes foreigners slightly more inclined to do the same.

Mar 26, 2013 09:43 Report Abuse