What to do: Company Won't Issue Release Letter&Affect Work Visa

What to do if Company Won't Issue Release Letter and Affect Work Visa?

Foreigners who work in China will also encounter the same labor disputes as the Chinese people do. We often receive inquiries from foreigners on how to resolve disputes with the employment company.

Because of labor disputes with foreign employees, some employers are unwilling to provide a release letter(离职证明) and work permit cancellation forms(就业证注销单), which will affect the employee‘s next work visa application and affect their future legal work and residence in China.

Generally speaking, the legal ways to resolve labor disputes include labor arbitration(劳动仲裁) and litigation in court(file a lawsuit)(法院诉讼). In this article, we will explain labor arbitration, and how can foreign employees apply for labor arbitration in China.

1. What is labor arbitration?

Labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. If the parties are dissatisfied with the results of the arbitration, they can further file a lawsuit.

2. Can foreign employees apply for labor arbitration?

Yes.

According to the relevant regulations on the employment management of foreigners in China, labor disputes between employers and foreigners who are hired shall be handled in accordance with The Labor Law of the People's Republic of China and The Regulations On The People's Republic Of China On Settlement Of Labour Disputes In Enterprises.

Note:

Obtaining legal employment qualifications is necessary for foreigners to initiate labor arbitration.

3. What are the general situations in which foreign employees need labor arbitration?

Because of labor disputes with foreign employees, some employers are unwilling to actively cooperate in providing resignation certificates(离职证明) and work permit cancellation forms(就业证注销单), which will affect the employee‘s next work visa application and affect their future legal work and residence in China.

Note: 

Disputes handled by general labor arbitration include:

• Disputes about the confirmation of a labor relationship;

• Disputes about the conclusion, performance, modification, rescission or termination of a labor contract;

• Disputes about the removal or layoff of an employee or the resignation or retirement of an employee;

• Disputes about the work hours, breaks, vacations, social insurance, benefits, training, or labor safety;

• Disputes about the labor remunerations, medical expenses for a work-related injury, economic indemnity, compensation, etc.;

4. How to apply for labor arbitration?

Foreigners can apply for labor arbitration at the labor arbitration office of the administrative region where their company is located.

The materials generally required are:

1. Passport

2. Work permit

3. Relevant evidence (videos, documents, labor contracts, and other supporting documents)

The Arbitration Commission shall make a decision on acceptance or rejection within five days from the date of receipt of the arbitration application.

According to our experience, generally, the service handling form(受理单) will be obtained on the day when the application is filed.

NOTE

VisaOfChina Team could assist you with labor arbitration(in Shanghai) regarding:

• Consulting;

• Material preparation;

• Accompanying to the labor arbitration office & translation;
  

• Visa processing afterward: Cancellation of permits/New applications etc.

Please feel free to contact us if you have any related needs.

If you have any questions about China visa applications(work visa, PU letter, company registration and more), please contact our visa consultant Annie (WeChat ID: AnyHelper_ss).

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