One of our clients encountered an issue which her ex-employer refused to give her the release letter when their employment contract had been put to an end. Without the release letter, the client can’t transfer her work visa from the ex-employer to her new one and that will incur her loss to re-apply for a new work visa, as we all know, the work visa is expensive.
The client came to us for help, and we dug the fact, made research and negotiated with her ex-employer on behalf of her. Now, the issue is still under negotiation, but we got the bottom line of the client’s ex-employer and we came up with several plans for the client. During the settlement of this issue, I really think other foreigners who work in China could learn some lessons from this case.
Firstly, you need try to keep a good relationship with your ex-hr, even though you plan to end the employment contract. If you think your rights and benefits are infringed, you should make complaint though grievance procedure or talked frankly but softly with your hr, and shouldn’t just refuse to work or do other things violating the contract or law, because that may give your ex-employer legal basis to punish you.
Secondly, if your ex-employer does some illegal things to you, such as not pay your salary on time or in full amount, or doesn’t perform other liabilities stipulated in the contract or by law, you need to record them and keep the evidence. In this procedure, you may need advices and guidance of a lawyer, and that will give you weapons when negotiating with your ex-employer.
Thirdly, if you get a new job, you should try to get your new hr to help you, because the hr knows clearly what you need to get and how to get it from your ex-employer. The hr may also have other solutions if you can’t get the release letter. Try to win the new hr’s sympathy and support.