break contract visa implications

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Member since 01 September 2015

huizhouexpatNew member01 September 2015 10:23:53

Hi everyone!

I'm looking for some advice about visa implications of breaking your contract.

I've got a contract with a language centre in a small (c 4m people) city in guangdong province, but long story short it's turned in to a terrible job recently after I've been working there for about 18 months, so plan on leaving soon and finding a new teaching job.

If I break my contract with the centre about 6 months early, what are the implications on my visa for a new school that I would potential sign for?

Whilst I havn't spoken to my current boss yet for obvious reasons, The language school I work for now in my contract stated that I have to repay the salary that I havn't earned yet and have remaining on my contract (about 40k rmb - 6 months pay) which I can't really afford. If I left the language centre and signed a new contract with a new school, would the language centre have any impact on my business visa or could the new school simply change the company name with the local government themselves?

I've heard horror stories about previous employers being able to slow up the process when expats work for another company especially if they leave on bad terms (ie breaking a contract, like I plan to).

Has anyone been through this before and could shed some light on the subject, especially the rules for Guangdong province. I could wait until March to find a new job when my current contract expires, but I really wouldn't want to wait that long to be honest!

Any advice would be much appreciated.

Many Thanks in advance,

A nervous ESL Teacher.

Burchy Active member

Member since 26 May 2015

BurchyActive member07 October 2015 18:03:35

My understanding is that an employer sponsors an Expat visa with an invitation letter that is submitted with the visa application. The initial visa is changed to a Resident Visa within 3 months of arrival in China.
If you leave the employer before end of contract, they are legally bound to cancel your Resident Permit by notification to the authorities.
That means the Expat should leave China and re-apply for new visa.
BUT a potential new employer may be able to bypass that requirement - I am really not sure on that one.
COMMENTS anyone

nikocord Active member

Member since 09 June 2015

nikocordActive member09 October 2015 02:36:23

You will have to issue a formal resignation. If they payed you your salary in advance, you will have to pay it back for obvious reasons. But they cannot ask you to pay a penalty for resignation from your job.
It is possible to change the job without leaving China, but I don't know the details, as I've never done it. You'd be probably best off to directly ask at the PSB or a lawyer.

Manlin ViP

Member since 02 December 2009

ManlinViP09 October 2015 03:11:38

1073

A) Does your contract have an early termination clause that you can use?
B) Why do you have a business visa? You need a work visa to legally work in China!
C) Your Work visa (Employment Certificate) is linked to your employer. To get your visa changed to the new employer you need a release letter from your old employer.
D) Assuming you have the right paperwork you do NOT need to leave China.

huizhouexpat New member

Member since 01 September 2015

huizhouexpatNew member09 October 2015 04:22:00

Hi,

Thanks for the reply.

I do have a work visa sorry! (blue/grey residency permit sticker in my passport)

Yeh, I heart it's getting the release letter from the old employer that's the tricky part!

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