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[DocJason]

Hello,

Since this is the ask a Lawyer section, I have a question. I just received my Foreign Expert Certificate and the employer is wanting to confiscate it and keep it. Is this allowed? Should I be concerned?

Thanks,

Jason

[x0vash0x]

Hello,

Since this is the ask a Lawyer section, I have a question. I just received my Foreign Expert Certificate and the employer is wanting to confiscate it and keep it. Is this allowed? Should I be concerned?

Thanks,

Jason

Not the lawyer, obviously, but figured I'd chime in given the slow response time. Humdinger has said it before...

NOTE: If you can, try to keep all your original documentation in your possession. Especially do not allow your employer to ever retain your passport or original academic certificates. Sometimes, an employer may try to withhold your Employment Certificate, Foreign Expert Certificate or Health Certificate for various reasons. If your employer is being intransigent about holding onto these, it's more an inconvenience than a major problem, but get a photocopy of them. With or without your Employment Certificate, they would still need to formally release you from your contract and provide a letter of release before you could properly change employer. If you accompany your employer when they apply for and pick up each of your permits, you can see the process and take possession of your stuff immediately (rather than chase them down later).

Basically, it shouldn't be a problem. It'll be a problem if you try to switch employers and they refuse to give it back to you. However, I don't know of anyone who has had that situation before.

[DocJason]

Thanks I am just trying to figure out why a employer would hold documents if the documents dont really matter to them anyways. They still need to formally release me from my contract anyways so why would it really matter for them to hold documents.

I used my foreign expert certificate as an ID and it worked when opening a bank account and exchanging money from Yuan to Dollars so that is a useful document.

[bao luo]

It does discourage teachers from jumping ship and changing employer without mutual consent to end the contract. It may be possible to "come up with" a letter of release in some other way in order to change employer, esp. one that's in another jurisdiction. However, without an Alien Employment Permit or Foreign Expert's Certificate also, you couldn't properly change employers. It's always best to reach mutual consent to terminate employment;but if you're employer is rogue, it does give them a bit more leverage.

Another (probably secondary) reason is that it's more efficient for the HR dept. to have everyone's permits in one place. It saves them having to chase down permits from teachers across different campuses when it comes time for renewal, and perhaps even reduces the likelihood that permits will get lost or damaged by teachers themselves. There's also of the local police, who are supposed to periodically inspect workplaces and check things like permits and paperwork.

I don't know definitively why schools hold work permits, but it's probably a combination of these two things.

[Aussie Mike]

It's a common practise for schools to hold the Expert's Certificate
and Medical but they actually belong to you while you are in China.

I sometimes need to sign for them from the employer. 
Sometimes they require them but usually only for re-application for visa.

[DeHengLaw]

As a foreign expert ,the foreign expert certification has the same function as the ID card . So you have the possession of it . If the employer possess it illegally ,you can contact with me .I think I can help you.

[DocJason]

Exactly what I was looking for. Thank you. IIA processing my residence permit today I I think it takes 10 days so when I get that back alone with my documents, if my employer withholds my documents,  I will contact you. Thank you for the valuable imput.

[bao luo]

I have received a response from the Foreign Teacher's Union on this question. They tell me that it's not legal for your employer to retain your Foreign Expert's Certificate and that you should demand it's return. If your school does not return it, you should file a complaint with the SAFEA and send them a copy.

In their opinion, schools do this to ensure you remain with them until your contract expires.

[DocJason]

Thank you. I now have my Foreign Expert Certificate in my hands and the school was asking for it back. I gave them 2 photo copies and that has seemed to have stopped them from asking me for the Froeign Expert Certificate for a week, then they asked for it again. I told them no and that they have photocopies and those are just as good as the original anyways.

I will wait and see on what and if I will have a punishment or a formal letter from the employer asking for it back. Either way, I am not worried.

Thanks for your responses.