Hi, I'm hoping someone can clarify an issue about release forms before I contact the company.
I'm presently teaching for a company in Beijing. I've almost completed my contract and will not stay with the company. I found a better job in Tianjin. The new school with be asking for a release form soon so they can begin the process of extending my visa.
The old company pays us for the holiday month of February. It's in the contract. But some who have contacted the company have been told that if they ask for a release form before mid- February, they are not obligated to pay the holiday month salary.
My question is this. Is the release form date sensitive or effective immediately? Many people change jobs and it seems fishy that it's common to forgo a month salary every time you change employers.
Hope someone has some insight into this matter.
Cheers
Release form for teaching and losing a month's salary.
The law, and what's effectively practiced are two different things here in China. If you're leaving, most employers will try to avoid to pay you your money.
Additional to 7 days of annual leave and some social benefits, I've lost more than a month salary bonus payments last time. They pointed to a company policy that was totally different to the one I was given when I joined the company... Luckily an manager from another department of this company, a guy how is very important to them, was a good friend of mine and supported me in getting a part of the money they owned me, otherwise I'd have lost much over 2 months salary in bonus payments.
Depending on your salary, going to court could be an option, but you also could loose more than you can win...
Thanks for the reply. It looks like I will only get my vacation salary if I ask for the release letter mid-February. And my FEC will expire February 28th. Not leaving much time for the new company to extend it. I'm now looking into ways to avoid this. Perhaps extending my stay in China could be an option, that would give more time for the new company to extend it. I would just start work a little later in the month I suppose.
For some reason, I thought this practice by Chinese English teaching companies had been brought under control. I guess not, going to court is an effort in futility, I know, a friend of mine sued a Chinese company several years ago and won the case including appeals..But, the company closed down, and opened up elsewhere and he still hasn't gotten a cent but has paid out several thousand rmb. Now, this is not all the English teaching schools, just some fly by night operations. They will come up with some obscure company rule made up only for your benefit. Find a reputable company and move on.
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