Legality of breaking contract in China... help?

[PsyGuy]

Mickey is confusing the visa and the work permit/license.

They generally won't cancel your visa which is a "Z" visa for work (not to be confused with an "M" business visa. China recently divided the former "F" visa into the "M" visa which is for commercial activities, and the new "F" visa which is issued for non-commercial activities like research, lecturing, artistic/entertainment, etc). As I wrote its possible, but PSB won't generally do it without the passport. It requires an administrative hearing, its too easy to make mistakes in the data entry and coding section, and because of commonality and similarity in names they just dont do it. Canceling a visa with the passport allows them to physically void the visa in the passport book with a stamp, and enter the appropriate data.

In addition to your visa though you have either a "Work Permit" (WP) if you are considered an unskilled worker or a "Foreign Experts License" (FEL) if you are considered a highly skilled worker. ITs and uni Professors/Lecturers typically get FELs, where as ESOL teachers/instructors usually got WPs, because WPs were cheaper and faster to get. There was some grey area, where part time Uni instructors got WPs and some ESOL teachers at state run schools got FELs.
It is however, the work permit or experts license that a school can cancel very easily since they keep it in their possession, and its issued for a specific business or organizational entity. Essentially the work visa allows you to apply for permission to work with a specific employer.

There are unfortunate exceptions but they are rare and unusual.

[shanghaiguru]

In a big city such as Shanghai, the Labor Arbitration Bureau is fair and mostly on the side of the employee. In general you cannot be fined so much money for leaving early - as mentioned above it is 1 month notice on a 1 year contract. In a small city, however, it could be more difficult. If you leave the country, no one is going to "come find you", that is certain.

[auntiesocial]

Again. Please ignore Psy Guy's advice.

Labour laws have changed in 2013 and loads of English teachers are getting burned through 'Breach of contract' scams. There are increasing numbers of stories of expat teachers spending time in jail for attempting to break contract - particularly if you have signed a contract which includes wage penalties. There are provisions within the laws that can prevent expats from leaving the country whilst civil suits are pending.

Please read the following article to confirm the law changes and the risks associated with them.

http://chinadailymail.com/2013/07/08/ch ... et-expats/

[tangchao]

> If you look at posts you will see PsyGuy thinks he knows everything and
> always needs the last word. While he has some good insights and the like on
> certain things, however he doesn't hesitate to give incorrect information
> for the sake of having himself seen as knowledgeable.

This is very true.

[PsyGuy]

@auntiesocial

This is a face saving program. Harsher laws, teachers more likely to leave, employment problems decrease.

I know of no ITs or ESOL specialists that have been detained or incarcerated because of an employment related breach of contract, that would not have been sufficient legal cause or grounds under the previous law. The law and the media exposure is nothing more than an attempt at self regulating a problem that is problematic to adjudicate. Its fear mongering.
There is nothing in the new law that changes anything in the prior law or the system of jurisprudence. The new law is intended to reduce administrative cases in employment disputes by incentive's teachers to self deport (leave) allowing the courts and government offices to avoid arbitration of the law, and reducing native host employers content. This allows Chinese government and business/school owners to save face.