"Blacklisted" from work in China?

[ehill1515]

Last year, I worked in Nanjing as a teacher with a perfectly legal Z visa. Now that the holidays are over, I'm trying to return, but have been informed by my new employer that the Foreign Experts Bureau refuses to issue me any further Z visas. Apparently, they say that my previous employer cancelled my visa 2 months into my contract and that, if I did work, I worked illegally for my remaining 10 months in China. I, in fact, duly completed all 12 months of my contract - for which I was paid, including my end-of-contract bonus.

 

When my new employer (for an upcoming 2015 position) contacted my old one to verify my work history, they didn't clarify the matter. Subsequently, my new employer contacted the FEB. The Foreign Experts Bureau, this time, added that because I didn't already have two years "of TEFL," I would not be granted a Z visa.

 

My new employer's take on the situation was that my previous employer failed to furnish a "reference letter" acknowledging my completion of their contract on good terms. His immediate question for me: who did I piss-off? My response: everyone in management (there were countless contract discrepancies early on and multiple failures to pay the staff on time - which I did not react favorably to).

 

The plot thickens...

 

My initial, 2013-2014 employer was bought-out by another private school franchise in August of 2014 (9 months into my contract). All of the foreign staff theorized that, during the transition, we were no longer operating under contract (i.e. working illegally), until new contracts were finally signed in October (I finished my original contract on the 27th of that month, and did not wish to re-sign).

 

Could the second franchise have been trying to bury evidence that I worked for them illegally for 3 months? Did the first franchise terminate my visa so that it wouldn't have to pay taxes on my wages? Most importantly, what's the most expedient way to rectify this situation, so that I can return to Nanjing with a proper visa?

 

Note: I'm currently trying to get into contact with the one, surviving manager from my previous employer (she retained her position as foreign teachers' manager with the new franchise). I've informed her that my bank records, my signed / stamped resignation letter (dated SEP of 2014) and over 100 witnesses can verify my employment for the full duration of my contract. I hinted that clearing up this obvious "mistake" with a reference letter would be much easier than launching an investigation with the FEB into why she continued to illegally employ me for over 10 months - which could deleteriously affect her tenure with the new franchise. She has, so far, not responded. 

 

Your thoughts are greatly appreciated!

[889]

It's impossible to wade into such a complicated situation. But I'll just mention that threatening your last best hope to resolve this situation was a really bad idea. A really bad idea.

[陳德聰]

I expect she won't respond at all. You could try to find yourself a lawyer, but I think you're pretty much hooped. The powers that be generally care approximately 0% about employers who use illegal foreign workers.

[ehill1515]

Perhaps - but I don't see why someone who already had it out for me would suddenly bend over backwards to undue the harm she willingly did in the first place... This, anyway, was after days of me and my friends' attempts @ contact with her being blocked or ignored. She may not have any sympathy (or integrity) but she might, at least, submit to threats. It's my last avenue, short of showing up on a tourist visa and physically handing the FEB evidence of my employment.

 

I refuse to kowtow to backstabbers - there's a reason that word's a part of our lexicon: an undiminished history of capitulating to swine. I like China, but I'll have no part in that.

[陳德聰]

I think you may have a slightly inflated sense of your station in this particular situation. You essentially have no power here. If you're really interested in what can be done to allow you to get Z visas again, you genuinely would be better off finding a Chinese lawyer who knows what they're doing in terms of foreigner specific law. I imagine they know how to grease wheels properly, or there may even be a legitimate way for you to solve this problem.

[889]

"Submit to threats"?!

Myself, I'd start to question whether China is the right place for you. Either you learn how to finesse a situation more-or-less the Chinese way, or you don't, in which case you'll be endlessly encountering more of these difficult situations.

The right way to handle this is to find a school with overwhelming connections that wants you so badly it's willing to use those connections to spring you from jail. Even there, no guarantee. Further, it would not be surprising if there's more in your dossier than you suspect.

[ehill1515]

China's for whoever dares... If I die under the weight of my stupid American values (mutual respect, the rule of law), that's my prerogative. That's the reputation I've cultivated by walking out on classes when the staff wasn't paid and intervening when coworkers were being verbally abused by their unassailable managers. If one of my students, following his teacher's example, attempts to buck the prevailing system of arbitrary lawlessness that keeps the Chinese pinned-down, I've accomplished something which genuinely contributes to Chinese society.

 

Tell me, which type of person truly deserves to be in China - the eagle or the worm?

[pancake]

I don't know why people are so eager to downvote you instead of that 70-year old sexpat in the other thread. But I think that if you are going to live in China, you had better get used to a more indirect style of resolving problems. Your style of idealism will, unfortunately, get you nowhere. Definitely contact a lawyer to see if they have some information that could be useful to you. Good luck!

[Sinofaze]

Making threats is going to get you nowhere, no matter where in the world you are. You have ZERO leverage here. You've left the country and have rejected a new contract. So your previous employer was not obligated to give you a reference letter.

 

Reference letters are not for you, even though you have to ask for one. They are a transaction between your new and previous employers. Prehaps your prospective employer would pay a small "admin fee" for such or commits to a "favour", who knows.

 

Having a "reputation" for walking out of classes, for whatever reason and "intervening", as you put it, in other colleagues disputes has done you more harm and is probably the source behind your current situation.

 

The tone of your posts, while I understand your frustration at this injustice, suggests to me that you are somebody who deals with ultimatimums, rather than giving options.

 

Chinese are not for one to take any criticism openly, especially from a foreigner. And forget about this Ethical-Teaching of inspiring your students through your actions as that just doesn't fly here or anywhere. If you keep walking out of classes, whatever the provocation, you are then impeding on a student's chances to pass the course and this is in consideration that students have paid a helluva lot of money to be there.

 

These are the harsh lessons I have been learning recently and am paying for right now.

 

My suggestion is to avoid contacting your previous employer again at all and focus on starting again. This means having your prospective employer, if they can, send you an invitation letter to bring you back into the country.

[Demonic_Duck]

Reference letters are not for you, even though you have to ask for one. They are a transaction between your new and previous employers. Prehaps your prospective employer would pay a small "admin fee" for such or commits to a "favour", who knows.

 

I don't know if I would characterise it like this. I tend to think of it more as a favour that an individual who happens to have been your superior at the company does for you. They don't give a crap about your new company, if they give a crap about anyone involved in the equation it's you. Possibly part of the problem is that the Chinese apparently don't really have a culture of writing reference letters for previous employees - though asking nicely from someone you have a rapport with is likely to be much more successful.

 

As such, the basic advice is simply to make sure at least one former boss or supervisor at the company is still on good terms with you when they leave. That person can write up a reference on letterheaded paper, no problem. If you burned all your bridges, it's difficult to expect them to write a reference letter for you (there's no obligation for them to do so). At my previous company, I parted on excellent terms with the head of department that had the most contact with me, even though I may have pissed off a couple of the higher-ups. I also still had at least 1 friend in HR, which was handy because it looked like the company was going to be deliberately awkward (for obscure reasons) when it came to getting the "termination of employment" letter which for some mind-boggling reason is required to renew a residence permit for further work or study. If it hadn't been for her, I could quite likely have had significant problems renewing, or at the very least needed to leave the country to get a new visa. In fact she was also on the verge of leaving, and furnished me with a copy of this letter that had only been provided for the ostensible reason of canceling the visa without my involvement.

 

Basically, rack your brains to see if you burned all your bridges with this company. If you did, no matter how noble your intentions, you've done yourself a disservice in the long run. If you didn't, contact someone who you still have some leverage with, and ask them nicely (pretty please with a cherry on top) to help you. I agree with what others said, threats are highly unlikely to help in this situation.

[陳德聰]

Whatever your self-righteous morals may be, the crux of the situation is this:

I worked in Nanjing as a teacher with a perfectly legal Z visa.

You worked illegally for 10 months. This is fact, regardless of how awful it is of that employer to do that. However with the growing pile of evidence that paints you as a major shit-disturber, I can't imagine how you would be surprised. Legal problems need legal solutions, end of story.

[Flickserve]

 

China's for whoever dares... If I die under the weight of my stupid American values (mutual respect, the rule of law), that's my prerogative. That's the reputation I've cultivated by walking out on classes when the staff wasn't paid and intervening when coworkers were being verbally abused by their unassailable managers. If one of my students, following his teacher's example, attempts to buck the prevailing system of arbitrary lawlessness that keeps the Chinese pinned-down, I've accomplished something which genuinely contributes to Chinese society.

 

Suggest you move to Afghanistan instead of China.

[roddy]

If the OP wants to continue posting, can he please stop using the new Sh1tDstrbr account and go back to his original one. If you want a username change drop us a line.

[Lu]

China's for whoever dares... If I die under the weight of my stupid American values (mutual respect, the rule of law), that's my prerogative. That's the reputation I've cultivated by walking out on classes when the staff wasn't paid and intervening when coworkers were being verbally abused by their unassailable managers. If one of my students, following his teacher's example, attempts to buck the prevailing system of arbitrary lawlessness that keeps the Chinese pinned-down, I've accomplished something which genuinely contributes to Chinese society.

Rule of law does not actually exist in China. Read the newspaper for worse examples. If one of your students, following your example, attempts to buch the prevailing system, they will end up in jail or worse. There must be better ways of contributing to Chinese society.

You may be morally in the right, but that won't get you anywhere practically or legally. If you want to go back and work in China, Demonic Duck's advice is good. If you prefer to not bow to the system, that's perfectly fine, but then perhaps consider finding a teaching or other job elsewhere. You're unlikely to be succesfull in this by sticking to your guns, however right you may be.