Contract End, Termination and Renewal
There are various processes in place that the school follows when a foreign teacher comes to the end of their contract. Below are explanations of those processes. The School cannot emphasise strongly enough that all procedures below are followed with rigour.
Natural Termination
Natural Termination is when the (normally) 12 month contract comes to an end and the teacher leaves China for the foreseeable future.
If the teacher has met all teaching obligations and has a satisfactory employment record, then the school may decide to offer the teacher a new 12 month contract. The school will contact the teacher 7 days before the final 60 day notice period. This allows the teacher one week to decide if they wish to sign a new contract. The teacher must decide to either sign for another year or submit written notice that they will not be signing within those 7 days. If the school does not get notification of intent in that time, then 60 days notice to leave will be assumed. If the teacher changes their mind to sign a new contract after the 60 day notice period has started, then, at the discretion of the school, a new 60 day notice period will be entered into. This means that the number of days late in notifying the school will be added to the originally signed completion date. No bonus is accrued during this additional time.
If the teacher decides to sign another contract, then the only other administration outstanding is the renewal of the Residents Permit (RP), which the school will apply and pay for.
If the teacher decides not to sign a new contract then they will be expected to leave China within 72 hours of contract completion. They will return the Residents Permit (RP) and Experts Certificate (EC) to the school. The school will inform the Public Security Bureau (PSB) by surrendering the RP and EC. If the teacher wishes to return to China in the future, they will need to apply for a new and relevant visa.
If the teacher wishes to travel within China as a tourist after Natural Termination
If the teacher does not wish to leave China immediately after Natural Termination, then the school can take the teacher to the PSB and have a 30 day tourist visa placed into their passport. This is at the expense of the teacher. The PSB may ask the teacher to supply evidence of sufficient funds to cover the cost of their stay in China for the duration of the tourist visa which is normally 30 days. Under Chinese law, switching to a tourist visa can only be arranged in Changchun with the teacher present.
Final Teaching Responsibilities
During the notice-to-leave period, it's business as usual, pretty much up until the last scheduled class. Sometimes, by the last week, a replacement teacher is scheduled in and may team-teach along with the current teacher as a means of smooth transition.
Bonds between teaching staff and students can be incredibly strong and saying goodbye can be tough on both the teacher and their students alike. It is a particularly sensitive time in terms of the impact of the students learning with a new teacher and often emotionally for the leaving teacher. The transition needs to be sensitively handled and the teacher's Branch Manager will outline how and when teachers may say goodbye to their students. Teachers are not permitted to let students or their parents know about an imminent departure until a) the Branch Manager has spoken to parents in advance, personally and b) has given authority to the teacher to do so.
Around 7 days before the contract completes, where the teacher will not be signing a new contract, he or she will meet with a member of the executive to go through likely final salary calculations. Final salary and any bonus that is due will either be paid in cash or deposited into the teacher's bank account. 1500rmb damage/loss retainer will be held back and paid via a member of The Executive after the FAO visits the apartment for final inspection and key collection. The teacher is permitted to stay in a school managed property up to 72 hours after contract completion. On the last evening or last day before vacating the property, the school's FAO will visit to complete the inventory list. Any damage (other than normal wear and tear) and missing items must be replaced or their replacement/repair paid for by the teacher via the 1500rmb that is held by The Executive.
Finally, it is expected that the departing teacher will submit one week's worth of lesson plans to the replacement teacher.
If the teacher has met all teaching obligations and has a satisfactory employment record, then the school may decide to offer the teacher a new 12 month contract. The school will contact the teacher 7 days before the final 60 day notice period. This allows the teacher one week to decide if they wish to sign a new contract. The teacher must decide to either sign for another year or submit written notice that they will not be signing within those 7 days. If the school does not get notification of intent in that time, then 60 days notice to leave will be assumed. If the teacher changes their mind to sign a new contract after the 60 day notice period has started, then, at the discretion of the school, a new 60 day notice period will be entered into. This means that the number of days late in notifying the school will be added to the originally signed completion date. No bonus is accrued during this additional time.
If the teacher decides to sign another contract, then the only other administration outstanding is the renewal of the Residents Permit (RP), which the school will apply and pay for.
If the teacher decides not to sign a new contract then they will be expected to leave China within 72 hours of contract completion. They will return the Residents Permit (RP) and Experts Certificate (EC) to the school. The school will inform the Public Security Bureau (PSB) by surrendering the RP and EC. If the teacher wishes to return to China in the future, they will need to apply for a new and relevant visa.
If the teacher wishes to travel within China as a tourist after Natural Termination
If the teacher does not wish to leave China immediately after Natural Termination, then the school can take the teacher to the PSB and have a 30 day tourist visa placed into their passport. This is at the expense of the teacher. The PSB may ask the teacher to supply evidence of sufficient funds to cover the cost of their stay in China for the duration of the tourist visa which is normally 30 days. Under Chinese law, switching to a tourist visa can only be arranged in Changchun with the teacher present.
Final Teaching Responsibilities
During the notice-to-leave period, it's business as usual, pretty much up until the last scheduled class. Sometimes, by the last week, a replacement teacher is scheduled in and may team-teach along with the current teacher as a means of smooth transition.
Bonds between teaching staff and students can be incredibly strong and saying goodbye can be tough on both the teacher and their students alike. It is a particularly sensitive time in terms of the impact of the students learning with a new teacher and often emotionally for the leaving teacher. The transition needs to be sensitively handled and the teacher's Branch Manager will outline how and when teachers may say goodbye to their students. Teachers are not permitted to let students or their parents know about an imminent departure until a) the Branch Manager has spoken to parents in advance, personally and b) has given authority to the teacher to do so.
Around 7 days before the contract completes, where the teacher will not be signing a new contract, he or she will meet with a member of the executive to go through likely final salary calculations. Final salary and any bonus that is due will either be paid in cash or deposited into the teacher's bank account. 1500rmb damage/loss retainer will be held back and paid via a member of The Executive after the FAO visits the apartment for final inspection and key collection. The teacher is permitted to stay in a school managed property up to 72 hours after contract completion. On the last evening or last day before vacating the property, the school's FAO will visit to complete the inventory list. Any damage (other than normal wear and tear) and missing items must be replaced or their replacement/repair paid for by the teacher via the 1500rmb that is held by The Executive.
Finally, it is expected that the departing teacher will submit one week's worth of lesson plans to the replacement teacher.
Premature Termination
Premature Termination is when either the school or the teacher, for any reason or no reason, wishes to terminate the employment contract before it's natural conclusion. 60 days notice, from either side, is given.
Where the teacher has submitted notice of 60 days, on day 53 (one week before termination) the teacher will meet with an executive member to go through probable final salary calculations.
On the day of termination, after any classes, final salary, less any final expenses, are paid to the teacher. At this point there should be no surprises in the final salary calculation. Any final salary will be paid after the last class has been taught. 1500rmb damage/loss retainer will be held back until the FAO visits the teacher's apartment for final inspection and key collection.
The teacher may remain at a school managed property up to 72 hours after contract termination. On the last evening or last day before vacating the property, the school's FAO will visit to complete the inventory list. Any damage (other than normal wear and tear) and missing items must be replaced or their replacement/repair costs paid for by the teacher via the 1500rmb held by a member of the executive. After the teacher has signed over keys to the FAO, any remaining damage/loss retainer is collected by the departing teacher from a member of the school's executive, usually at LY branch.
Where the teacher has submitted notice of 60 days, on day 53 (one week before termination) the teacher will meet with an executive member to go through probable final salary calculations.
On the day of termination, after any classes, final salary, less any final expenses, are paid to the teacher. At this point there should be no surprises in the final salary calculation. Any final salary will be paid after the last class has been taught. 1500rmb damage/loss retainer will be held back until the FAO visits the teacher's apartment for final inspection and key collection.
The teacher may remain at a school managed property up to 72 hours after contract termination. On the last evening or last day before vacating the property, the school's FAO will visit to complete the inventory list. Any damage (other than normal wear and tear) and missing items must be replaced or their replacement/repair costs paid for by the teacher via the 1500rmb held by a member of the executive. After the teacher has signed over keys to the FAO, any remaining damage/loss retainer is collected by the departing teacher from a member of the school's executive, usually at LY branch.
Abrupt Termination
An Abrupt Termination is when the teacher suddenly leaves the school, with little or no notice, or the school terminates an employment contract as a consequence of the teacher's poor conduct.
If a teacher, for whatever reason, does not wish to continue teaching at the school and does not give the contractual notice of 60 days, in the first instance, the school strongly urges the teacher to speak with an executive member of staff. Very often there might be underlying issues for the teacher that the school is not aware of and might be able to help. In seemingly dire situations, it might feel simple enough to just 'up and leave', believing it's too difficult to face management in the belief that any fallout will be with the school and the school alone. Aside from the impact on colleagues covering classes and the alarm for students and parents, this might be true, in some situations, but not always. Experience has shown that mutually acceptable terms of departure can be reached when teachers discuss their issues with management.
Where the teacher decides to leave, without communicating with the school, the school is legally obliged to follow Chinese law in the event of a 'sudden leaver'. If the school does not know where the departed teacher is, then the school is obliged to inform the PSB (police department) and possibly the teacher's Embassy as well as the teacher's next of kin as a missing person. The case is primarily in the PSB's hands and it's their discretion on how to deal with this. This may include revoking the RP (rendering the teacher as an illegal alien) or may cause problems for re-entry into China in the future.
If a teacher is found to be in serious breach of contract, it may be necessary for the school to terminate the employment contract with immediate effect. Under these circumstances, it is expected that the teacher will vacate their apartment and leave China within 72 hours unless alternative arrangements have been negotiated with the school.
In all the examples above, the teacher is required to submit their RP to the school. This allows the school to inform the PSB what has happened and prevents any future exit and entry problems for the teacher into and out of China.
If a teacher, for whatever reason, does not wish to continue teaching at the school and does not give the contractual notice of 60 days, in the first instance, the school strongly urges the teacher to speak with an executive member of staff. Very often there might be underlying issues for the teacher that the school is not aware of and might be able to help. In seemingly dire situations, it might feel simple enough to just 'up and leave', believing it's too difficult to face management in the belief that any fallout will be with the school and the school alone. Aside from the impact on colleagues covering classes and the alarm for students and parents, this might be true, in some situations, but not always. Experience has shown that mutually acceptable terms of departure can be reached when teachers discuss their issues with management.
Where the teacher decides to leave, without communicating with the school, the school is legally obliged to follow Chinese law in the event of a 'sudden leaver'. If the school does not know where the departed teacher is, then the school is obliged to inform the PSB (police department) and possibly the teacher's Embassy as well as the teacher's next of kin as a missing person. The case is primarily in the PSB's hands and it's their discretion on how to deal with this. This may include revoking the RP (rendering the teacher as an illegal alien) or may cause problems for re-entry into China in the future.
If a teacher is found to be in serious breach of contract, it may be necessary for the school to terminate the employment contract with immediate effect. Under these circumstances, it is expected that the teacher will vacate their apartment and leave China within 72 hours unless alternative arrangements have been negotiated with the school.
In all the examples above, the teacher is required to submit their RP to the school. This allows the school to inform the PSB what has happened and prevents any future exit and entry problems for the teacher into and out of China.
Moving to Another Employer in China from BDW
Moving to a new school in China, after a teacher has completed or terminated a contract with BDW, is not a straight forward process. There is a bureaucratic process that needs to be followed. The Chinese Public Security Bureau (PSB) governs all aspects of alien movements and it's a license condition of the school that the school informs the PSB when the employment status of a teachers changes. This might be for any of the following reasons:
* application for a work 'Z' visa
* arrival on a 'Z' visa of any BDW member of staff
* request to change the 'Z' visa to that of a Residents Permit (RP)
* renewal of an RP
* change of visa status, usually to tourist 'L' visa
* when a foreign teacher leaves the school with short notice or without notice
* when a foreign teacher leaves without notice and does not return the RP
* when a foreign teacher changes employer without changing to 'L' status first
* when a foreign teacher completes/terminates a contract, leaves China and wishes to return at a later date
* when a foreign teacher comes to BDW via another school in China with an existing and live RP
The school's SAEFA license is what allows BDW to legally bring foreign personnel to China to work for BDW. The maintenance of this license depends on the school's ability to report to the PSB all teacher movements that comply with Chinese law. Any deviation from this protocol puts the license renewal of the school at risk, rendering the school unable to recruit foreign personnel in the future. It is for this reason that BDW School follows Teacher visa movements to the letter of the Chinese law.
What happens if a teacher wishes to change employer?
The standard legal procedure, upon completion/termination of an employment contract is to take the foreign teacher to the PSB and surrender his/her RP and Expert's Certificate. The teacher then purchases a tourist 'L' visa which is normally valid for 30 days. The PSB may insist that the teacher provides evidence of funds to give assurance that they are financially fit to remain in China for the duration of their visa.
If the teacher plans to work for another employer in China, then they are then obliged to go through the entire 'Z' visa application process in the same way as they did when they first came to China to work. Recent changes in visa law now means that teaching personnel probably have to return to their native country to apply for a new 'Z' visa. It is now probable that they can not do a visa run via another country, such as Hong Kong or Thailand. The teacher will need to contact relevant Chinese government departments to establish if this is a possibility or not.
BDW School will only switch a teacher to visa 'L' status and will cannot transfer the current Residents Permit to another school. This is in line with current Jilin Province visa protocol.
Is is possible to switch the RP from BDW to the next employer?
No. For as long as a teacher remains registered with BDW on their Residents Permit, the school has total legal responsibility for that teacher. Once the employment contract has expired, BDW will cancel the teachers Residents Permit. This means that the teacher must either leave China or transfer to a tourist 'L' visa
Under no circumstances will originals nor copies of visa and RP documents be given to the foreign teacher, at any time, and the school is under no legal obligation to do so. Once a teacher applies to work for another school at any time in the future, all administration is sent, directly, to the new employer via courier. This process helps to ensure that the new employer is a legitimate organisation that is authorised to employ foreigners. Ensuring that the teacher is being transferred legally helps to protect both BDW and the teacher from visa problems occurring in the future.
* application for a work 'Z' visa
* arrival on a 'Z' visa of any BDW member of staff
* request to change the 'Z' visa to that of a Residents Permit (RP)
* renewal of an RP
* change of visa status, usually to tourist 'L' visa
* when a foreign teacher leaves the school with short notice or without notice
* when a foreign teacher leaves without notice and does not return the RP
* when a foreign teacher changes employer without changing to 'L' status first
* when a foreign teacher completes/terminates a contract, leaves China and wishes to return at a later date
* when a foreign teacher comes to BDW via another school in China with an existing and live RP
The school's SAEFA license is what allows BDW to legally bring foreign personnel to China to work for BDW. The maintenance of this license depends on the school's ability to report to the PSB all teacher movements that comply with Chinese law. Any deviation from this protocol puts the license renewal of the school at risk, rendering the school unable to recruit foreign personnel in the future. It is for this reason that BDW School follows Teacher visa movements to the letter of the Chinese law.
What happens if a teacher wishes to change employer?
The standard legal procedure, upon completion/termination of an employment contract is to take the foreign teacher to the PSB and surrender his/her RP and Expert's Certificate. The teacher then purchases a tourist 'L' visa which is normally valid for 30 days. The PSB may insist that the teacher provides evidence of funds to give assurance that they are financially fit to remain in China for the duration of their visa.
If the teacher plans to work for another employer in China, then they are then obliged to go through the entire 'Z' visa application process in the same way as they did when they first came to China to work. Recent changes in visa law now means that teaching personnel probably have to return to their native country to apply for a new 'Z' visa. It is now probable that they can not do a visa run via another country, such as Hong Kong or Thailand. The teacher will need to contact relevant Chinese government departments to establish if this is a possibility or not.
BDW School will only switch a teacher to visa 'L' status and will cannot transfer the current Residents Permit to another school. This is in line with current Jilin Province visa protocol.
Is is possible to switch the RP from BDW to the next employer?
No. For as long as a teacher remains registered with BDW on their Residents Permit, the school has total legal responsibility for that teacher. Once the employment contract has expired, BDW will cancel the teachers Residents Permit. This means that the teacher must either leave China or transfer to a tourist 'L' visa
Under no circumstances will originals nor copies of visa and RP documents be given to the foreign teacher, at any time, and the school is under no legal obligation to do so. Once a teacher applies to work for another school at any time in the future, all administration is sent, directly, to the new employer via courier. This process helps to ensure that the new employer is a legitimate organisation that is authorised to employ foreigners. Ensuring that the teacher is being transferred legally helps to protect both BDW and the teacher from visa problems occurring in the future.
