resignation/ dismissal

I was employed successfully for 2 years here and still had almost 2 years left on my contract. A disagreement and insults from a new member of staff led me to resign in the heat of the moment (unsigned email). I tried to make peace with the member of staff and was led to believe that the problems were resolved. I retracted my resignation (formal signed document) but was swiftly replaced. The parents of my class have signed a petition to keep me. The new teacher learned of this and left after 2 days. No effort was made by the management to resolve the these problems and I was told that the son of the owner had the final decision and he decided to replace me with a new teacher despite the protests of the customers and the fact it was still inside the notice period. I was always very happy and successful in my work until and insult excalated into me losing my job. As the final decision was the owners I feel that I have effectively been dismissed with out notice over a political game. I have copies of all correspondance. My two year contract was the managements idea and even included a pay rise I had not asked for. This was just 3 months ago. Now I am unemployed because a new member of staff insulted me and the management did not resolve the situation they simply replaced me. I have since learned that the company may have been employing me illegally with a non work visa in China. Several other employees have considered resigning since meeting this new member of staff.

Firstly what visa do you have? Is it a Z visa with a Residents Permit or is it an F visa?


With Z visa and permit you have a leg to stand on, with an F you will have nothing. If your employer provided you with an F visa then before you complain to anyone get out of China. In immigration eyes there you would also be guilty of working illegally.

All visas were arranged and paid for by the school. I have always been told (for over a year) that a work visa will be arranged soon but in the mean time have had a business visa.

The company I worked for was based in Hong Kong which is where I signed the contract. The school they sent me to was inside the mainland. I have never signed anything expressing the wish to resign or indeed anything to say I have left my duties. The only document I have signed was a letter expressing my desire to remain in my work which I wrote inside of the notice period.

I don't think there is anything you can do, and here's why.


1. You sent an email expressing your wish to resign. In court this can be as binding as physically signing a letter.

2. Once your employer has received this and accepts the resignation they are under no obligation to continue your employment if you change your mind (HK and China).

3. You were employed illegally in China.



HK Labour Dept wouldn't get involved in regard to a contract in China, even if it was signed in HK. Unless you were working in HK with a valid HK employment visa then they would not even entertain it, and if you were refer to points 1 and 2 above. Nothing you can do in China either without getting yourself into trouble.


I know this sounds harsh, and it is harsh BUT you really need to put this one down to experience. Move on and get another job if you can. Don't ever fall for the "work visa will be arranged" rubbish or similar. A company with a good reputation is able to (depending on your nationality) arrange a working visa pretty quickly.