Hey,

My current employer, a foreign company, refuses to let me keep MY Alien Work Permit (The little extra book). Which i find quite disturbing because I think the only reason they are doing that is to **** with me if i change jobs.

Is this right? They ARE supposed to give it to me, aren't they? I have already worked for these people for one year (They renewed my Z visa last time and are about to do it again) but this time they don't want me to keep the work permit... last time they let me keep it.

I feel this is just flat out wrong. Is the law on their side?

the work permit is only good for that job. unless you need it as documentation when signing a lease, etc., it does not help you to have it...except maybe if you get audited/checked for taxes - not sure.

i wonder if they not getting a work permit for you this time and saving themselves taxes, etc. It does not help them to hold onto it because it's only good for that job/company, so.....

Well, I can renew it right? If i have the old one? I know for a fact that they have renewed it for me already (I have a copy).

What I'm thinking is that I'll need it if I want a new job, without it, I'll need to do the whole procedure for getting a Z working visa all over again.

So, If I have it, and change jobs, all I need to do is to give it to my new employer for change?

To renew a work permit requires a lot of documents from the company, so you can't do it alone. When you quit the job, that permit won't be valid at any other company - the company's name is in it, etc. Companies cancel it because it is related to their foreign employee allocation, tax, etc., status. I'm 99.9% sure it is of no use to you after you leave that company. If you get another job, a completely new 'book' will be created.

Alright. But why are they insisting on keeping it then? In the actual book it says that I should carry it at "all times" in case of inspection or something like that?

They have already renewed it. Finished last week. So what they have is good for one more year.

Look at the last post in this thread; http://www.shanghaiexpat.com/index.php? ... ight=alien


My understanding was that you can change the employer in the permit and have the new employer renew it? That you are in fact responsible to do so.

The first answer in this post is also interesting;

http://www.shanghaiexpat.com/index.php? ... ic&t=68974

Right, I can't imagine any legal reason why they would want to keep it.
There's a couple of people that post here that seem to be in the visa biz, maybe you can get a more definitive answer. But, I've talked to my HR dept. and 2 major visa agencies about the work permit and residence permit as they pertain to changing/quitting jobs.......

http://www.china.org.cn/english/Livingi ... 185194.htm
see article 19

ahhh, and article 24....

http://www.molss.gov.cn/index/index.htm

this is the ministry of labor's website, they issue work permits, but it's only in Chinese

Hey CoffeeHawk, Thanks a lot for your answers and links. Much appreciated!

I think the English translation of the law makes it quite clear on many occasions that I am supposed to hold the permit. If I quit, I'll need a release letter from my current employer and the new employer will then be able to amend/update my working permit.

If a new employer doesn't do that, or my old employer won't give me the release letter, I need to start the process over and apply for a new work permit. I'll also need a new one if I change "scope of work". (Eg. move from IT consultant to construction worker).

Shanghigh wrote:Alright. But why are they insisting on keeping it then? In the actual book it says that I should carry it at "all times" in case of inspection or something like that?

They have already renewed it. Finished last week. So what they have is good for one more year.

Look at the last post in this thread; http://www.shanghaiexpat.com/index.php? ... ight=alien


My understanding was that you can change the employer in the permit and have the new employer renew it? That you are in fact responsible to do so.

You are totally wrong on just about all of your theories.

The fact is, that the wording in the book about carrying it at all times was written back when the document was important. Since the introduction of residence permits, the work permit is practically useless as a form of identification.

You individually cannot make or cause to be made any modifications to the work permit. Anything related to that work permit must be initiated by an employer -- specifically the one named in that book. You as an individual cannot change the employer listed in the work permit. In fact, even your new employer cannot do so unless you have a written and sealed release from your former employer. With the work permit or without it, you must reapply and go through the whole process for a new work visa unless you have a release letter from your former employer.

There is no law that says the employer must give the book to you. Nothing you can do can force them to do so if they are unwilling.

The likely reason they want to keep it is because it makes it that much easier to cancel should the company decide to can you. Even without it, they can easily cancel your work permit without your permission or even knowledge, but with the work permit it is a little easier.

In any event, the book is practically useless to you and offers you no protection whatsoever either from getting fired or from not being able to transfer it to another employer.

CoffeeHawk_0 wrote:ahhh, and article 24....

Hmmm ... regulations dated 1996. About as useful as a screen door on a submarine. Most of what is written here is obsolete.

yeah, i saw that later, so that's why i looked up the ministry of labour website.....That website is all in Chinese because laowai are really not involved with the whole work permit thing?

you don't need it... i would ask for a copy though because it can come in handy if you decide to leave. About the release letter, your right almost 100%. If you have it another company can change it over but they need a copy of your work permit as well. Otherwise you start all over again. There are ways around this that certain agencies use though I wouldn't say they are above board. But you need a copy of your permit. Helps to know what company hired you.

dragond69 wrote:If you have it another company can change it over but they need a copy of your work permit as well. Otherwise you start all over again.

Wrong.

Even if you haven't the actual work permit, as long as you have a release letter your new employer can obtain a new work permit for you. That allows you to go to the PSB and have them update your residence permit information. You do NOT have to go through the entire process from scratch.