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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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 Posted:
Mar 17, 2005 - 09:54 PM |
 
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| Post subject: Breach of contract, please help |
Hi All,
I have a big question/issue to submit to you guys.
Here it goes, I am under contract with a company .This company like many other out here didn't keep a quarter of the promises they made before/upon arrival.So I want to quit and actually found a new position that would want me ASAP.
My question here being how can I get rid of them ?? I mean they provided for the Z visa and resident permit but these two documents last until the end of june, and so does my contract, and I want to take this position and leave them as soon as possible.
How would it work ?? How would I "cancel" my current Z visa so that the new company can issue me a new ??
I also heard that unless I'm willing to work in another province, your current employer needs to give you a release letter or do something like that to release you from your obligations.
Any feedback would be greatly appreciated
Thanks
Jesus |
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TinMan
Newbie
Joined: Dec 26, 2004
Posts: 6
Location: Gubei
Status: Offline
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Mar 17, 2005 - 10:38 PM |
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search the internet. there are consultant agencies that can tell you what to do if not get you a new visa altogether. are you in shanghai? i don't have the phone number on me now but if you still need help tomorrow i can post it. |
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Howie
Seeker
Joined: Mar 05, 2005
Posts: 72
Status: Offline
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Mar 18, 2005 - 02:55 AM |
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Can U work until June so that you can still fufill the contract with the present employer - it's only 2 months to go and as I see it, you need to keep your relationship with yr present employer for a good reference in future. Further than that, it's China - we always say" amicably we come and amicably we go!"( 好来好去) Hao Lai Hao Qu is their/our ideal strategy in handling labor-employer relation. Unless it's very unbearable, then that's another consideration. Rgds.
Howie |
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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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Mar 18, 2005 - 08:54 AM |
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june is 3 months away and not only I can't bear working for this company anymore but the job I found requires me ASAP, so I was still willing to give a one month notice (I'm not the kind of person that would do a midnight run), but 3 months there's no way I can't bear it for that period of time.
TinMan thanks for the tip , please do give me their details. |
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hammerforlife
Low Seater
Joined: May 24, 2004
Posts: 3304
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Mar 18, 2005 - 09:35 AM |
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Maybe I am wrong but a Z visa relates to you and not your company. Admitedly your existing company will have applied for it but as far as your visa is concerned you should still legally be able to work until your current visa runs out. Then you will have to go through the same process but sponsored by your new company.
Due to some administrative issues I have had to change the official company who are employing me (although my job is unchanged). To change was quite simple but does require a release letter from the original company. |
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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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Mar 18, 2005 - 09:55 AM |
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Did you change companies although your current contract wasn't over yet ??
What did you do after you got your release letter ??
Thx for the info |
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hammerforlife
Low Seater
Joined: May 24, 2004
Posts: 3304
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Mar 18, 2005 - 10:56 AM |
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| jesusizbak wrote: |
Did you change companies although your current contract wasn't over yet ??
What did you do after you got your release letter ??
Thx for the info |
Yes to the first question.
All that happened after the release letter was that my foreign experts certificate was revised to include my new employers details. As far as my Z visa was concerned there was not change at all needed. Not sure about the legalities but probably the only difficulty you may face would be if you needed to send / convert RMB abroad in which case you may have problems due to the inconsistencies on your documents. But once you have renewed everything in a couple of months it should all be fine. |
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Brattie
Talker
Joined: Mar 17, 2005
Posts: 78
Status: Offline
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Mar 18, 2005 - 11:59 AM |
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Really depends on how co-operative the company you currently work for is. They might not want to give you a release form and try to charge you a hefty fine for breach of contract and/or immediately cancel your work visa. If that's the case, you might have to make a quick trip to Hong Kong... |
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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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Mar 18, 2005 - 12:23 PM |
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Ok thx for the details Hammer but can you be more precise please ?
Once they issue you a release letter what happens ?
Do you have to go the PSB (will any psb do ?) yourself and explain about the situation or will your current/future employer take care of it ?
Also, what would my future company need to do/provide in this process ??
Thanks again for your precious info
| Brattie wrote: |
| Really depends on how co-operative the company you currently work for is. They might not want to give you a release form and try to charge you a hefty fine for breach of contract and/or immediately cancel your work visa. If that's the case, you might have to make a quick trip to Hong Kong... |
Could that really happen ?? I mean I wouldn't care too much about them cancelling my visa, i'd just have to go to HK but FINE ME !!!!! Would this be legal, my contract doesn't say anything about that. |
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hammerforlife
Low Seater
Joined: May 24, 2004
Posts: 3304
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Mar 18, 2005 - 12:44 PM |
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Not sure if I can give you too much info. My company is quite helpful to me and handled it all for me. Basically I think they only wanted a letter from my previous company and a copy of the contract with my new company to be able to make the changes. They also needed my passport for an afternoon.
I think it would be a little harsh if they cancelled your visa! I have never heard of that happening and I doubt they would even think about it. But hey this is China..... |
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TinMan
Newbie
Joined: Dec 26, 2004
Posts: 6
Location: Gubei
Status: Offline
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Mar 18, 2005 - 01:08 PM |
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this is the contact information for a consulting company in Shanghai.
Magic Cheng
mobile: 13501828752
485 Henan Bei Road
My friends and I have used him many times and he's a good guy. If he can't get you a new visa then at least he'll tell you the facts of your situation. |
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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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Mar 18, 2005 - 03:05 PM |
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Ok thx guys for all the precious info you've all been very helpful, with all this I hope everything's gonna go smoothly. |
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olesechka
Rocker
Joined: Nov 02, 2004
Posts: 782
Location: somewhere moving around
Status: Offline
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Mar 18, 2005 - 08:33 PM |
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Jesusizbak, could you please share later on the expereince you'll get? That would be quite useful, I guess, for many people. |
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jesusizbak
Reacher
Joined: Feb 09, 2004
Posts: 306
Status: Offline
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Mar 18, 2005 - 09:36 PM |
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no problem, as soon as I get this over with  |
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Itsme
Lurker
Joined: Sep 21, 2004
Posts: 23
Status: Offline
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Mar 28, 2005 - 09:58 AM |
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Hi,
was wondering what happened to your problem as I am facing similiar kind.
i have already left my old company and joined new co. but was not aware of the release letter to be taken from old company.
Now my old co. refuses to give me such letter as i left them in b/w the contract period.
i am in fix. |
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alex-hk
SuperStar
Joined: Apr 21, 2003
Posts: 1419
Location: in there.
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Apr 10, 2005 - 09:56 PM |
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don't let them blackmail you. spend a nice weekend in HK. |
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carolinecampbell2
Newbie
Joined: Apr 01, 2005
Posts: 5
Status: Offline
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Apr 10, 2005 - 11:20 PM |
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It may be late to help you on this, however hiring a lawyer may be the best way to go. Since you mentioned breaches of contract by them, at least you will be in a better position legally if a lawyer drafts a letter for them which mentions the breaches. I had a friend in a similar position, and the lawyer scared thje bajesus out of the offending employer. |
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olesechka
Rocker
Joined: Nov 02, 2004
Posts: 782
Location: somewhere moving around
Status: Offline
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Apr 11, 2005 - 12:31 AM |
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carolinecampbell2 , could you please tell us how the legal process happened here in China. Guess many things to learn  |
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alextababa
Newbie
Joined: Apr 15, 2005
Posts: 4
Status: Offline
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| Posted:
Apr 15, 2005 - 07:15 PM |
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| alex-hk wrote: |
| don't let them blackmail you. spend a nice weekend in HK. |
hiya
i'm coming to work in shanghai on wednesday. i have been curious about this matter.
mind explaining to me how going to hk would help the legal situation of the contract leaving employee? is it that the exit from china allows an entirely new z visa to be processed independent of the last contract and visa?
cheers |
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