Do I need an attorney? Release letter being withheld.

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Hello, I'll make this brief. I decided to leave a company during my probation period because I found a better offer, a much better offer actually. However the new school I have signed with is meeting difficulties concerning my release letter. I need a release letter because the former company has already applied for my Foreign Experts certification and it apparently cannot be canceled or transferred without their release.

I was told frankly by other teachers who have been stuck with this former company for years that this company never gives up the release letter, but I do not think this is legal and I would like to learn of some way to compel this company to release me, because I left lawfully according to the contract, and even before the probation period was completed. I have already suffered much loss dealing with them and I’m ready to move on.

Please Advise

A lot of schools will charge for the release letter, even if the contract has been completed. I've never heard of anyone finding any successful recourse to this (or anything else). Your best bet would probably be to travel back to your home country and reapply from scratch... pricey I know. That or see if you can't come to a payment agreement with the former company, which would be easier and cheaper, albeit exhtortionary.

Fact is schools have you have by balls when they got you by not just contract, but the residence permit and FEB that go along with. The FT has no recourse to change jobs, even when the contract is being severely violated, other than returning to home country and starting the process again from scratch. Even working outside of the said company for part-time supplemental income now brings with it the very real possiblity of arrest and deportation.

U.S.A.: We got the nukes!

New Psioncy Podcast: https://soundcloud.com/psioncy/skflaresupplemental

"probation period"

i aint no like it.

Beee

Although the situation described here isn't exactly the same as yours, the answer is, as long as you "left lawfully according to the contract" the employer is obligated by law to provide the release letter. I've also been told that one can appeal to the labor board in the appropriate city and this generally results in obtaining a release letter.

"When a China employer and one of its employees end their employment relationship, one of the most important things the employer must do is provide the former employee with a Proof of Termination of Employment Relationship document. This employer obligation is stipulated in the PRC Labor Contract Law (and in many local regulations as well). The Law says that if you as employer fail to perform this obligation, you can be subject to both administrative corrective orders and to damages."

http://www.chinalawblog.com/2017/01/china-employers-perform-your-obligations-upon-employee-termination.html