Hello everyone,
I seek clarity regarding the following questions about my current situation in mainland China:
1. If I receive my work permit cancellation certificate and exit/release letter before I finish my current contract, will I be breaking the law if I continue to honour that contract after:
A. I receive both of the documents
B. The employer-change process begins
The above is in the context of having approximately a month left of working at my current place of employment.
2. In the case that I would be breaking employment law in the above circumstance, would I then be subject to legal penalties if the situation is discovered by the authorities, e.g. the police? As a matter of interest, what possible penalties might I be subject to in that circumstance?
Does anyone have any authoritative weblinks (e.g. official government/legal) that contains up-to-date information, which provides answers to my questions above in terms of the specific, present laws in China (Shenzhen, Guangdong) please?
Chinese laws for foreigners regarding work permit cancellation and the employer-change process
-
TellitHowItIs
- Posts: 1
- Joined: Thu Apr 01, 2021 11:10 pm
Response
Yes. You cant technically legally work without a work permit for the employer your providing services to. If your work permit has been canceled youre not permitted to work.
I understand the situation youre probably in. Your moving jobs and your new employer needs to obtain a new permit for you before you start work with them and they cant do that until your previous permit is canceled. This is actually fairly common. Just dont run afoul of anyone and there probably isnt going to be an issue.
You could be, if someone had it in for you they could make your life difficult. Typically the worst case is your detained, your residence permit voided/canceled, your deported and then banned entry in the future. Thats the reasonably worst case scenario. Its possible but almost nil chance youd be given some period of incarceration, this would require a judicial process and no one really wants that. Its more likely but still incredibly rare you'd get some form of fine, again theres a process for that, whereas permits and deportation are administrative processes. Whats reasonably likely assuming you run afoul of someone and youre in trouble, and you dont have an exit strategy (you should always have 2, plan A, and plan B). Is that your permits get canceled and your given some short amount of time to depart on your own, usually around 10 days, which in doing so would avoid a reentry ban.
I understand the situation youre probably in. Your moving jobs and your new employer needs to obtain a new permit for you before you start work with them and they cant do that until your previous permit is canceled. This is actually fairly common. Just dont run afoul of anyone and there probably isnt going to be an issue.
You could be, if someone had it in for you they could make your life difficult. Typically the worst case is your detained, your residence permit voided/canceled, your deported and then banned entry in the future. Thats the reasonably worst case scenario. Its possible but almost nil chance youd be given some period of incarceration, this would require a judicial process and no one really wants that. Its more likely but still incredibly rare you'd get some form of fine, again theres a process for that, whereas permits and deportation are administrative processes. Whats reasonably likely assuming you run afoul of someone and youre in trouble, and you dont have an exit strategy (you should always have 2, plan A, and plan B). Is that your permits get canceled and your given some short amount of time to depart on your own, usually around 10 days, which in doing so would avoid a reentry ban.