my contract

If you're no longer in China it's probably unlikely the employer will chase you - but I'd check on other experiences. (Hopefully someone like 'douglaskoh' (?) will see this and respond because he would probably have a better idea than me on the legal side. I'd be a bit more concerned if I were still in China, however, as if it's a legal contract then I assume they could cause you quite a bit of a problem for breaking the terms of the contract that you entered into (and that's pretty much the same no matter what country you are in). Whether or not the legality of the contract (and therefore the enforceability of same) is affected by the stated illegal actions with obtaining the visa I don't know, but I'd be careful that the course of the law in a country like China is not necessarily the same as it might be in some other countries.

Your employer will think twice about going to court for this. Even if they win, they will have to pay for their own lawyer fee (unless stated expressly in the contract that the party in breach has to pay the plaintiff's lawyer fee). Furthermore, there is a problem in enforceability even if they win. A reasonable man will bother to go to court for this. However, the school may have other considerations. Be low profile and don't offend the management may help.

First of all, the employer has recourse in that a) they can refuse to pay you any monies due you up to the point of your departure, b) they will inevitably cancel your work permit and c) they will likely have your work visa cancelled as well. Without a reference from your old employer, you will not be able to have your work permit and work visa (residence permit) modified to allow you to work for a new employer. Assuming your soon-to-be old employer has the slightest bit of pull with the Public Security Bureau or has (or is willing to fabricate) a decent story as to why the PSB should be interested, they can have your visa cancelled without having your passport in their hands. This can lead to somewhat serious issues when you do try to leave the country or when you try to renew your visa.


The fact that your employer has fabricated documents with which to justify your current work permit / residence permit is not so uncommon and if the employer isn't very stupid, they will just lay the blame on you.


If you leave China there is nothing the employer can legally do to try and get whatever money you may owe them. If you still reside in China, the employer has various methods they can use to try and get their money. One is to sue you. Lawyer fees are cheap, so any claims that it is a disincentive when trying to sue someone is wrong. The other is to get the PSB to go after you by claiming you have falsified documents or are in China on an invalid visa. Besides, if you are going to remain in China -- especially in or around the same area -- it is best not to have too many enemies. All these people who run schools know each other and they will sooner trust and believe in each other than in you.

If they do report to PSB, they will not say that they are your employer. They will say that so and so forged the letter of employment. If you are out of the country for good, you are safe. If you are still in China, you will have to deal with PSB. Hence, if you do choose to leave, don't provoke the management to take drastic action against you.

Your employer do not need to make a full police report. They can just tip-off the police. In a tip-off, they do not even need to mention their name. It just takes a curious officer to make a phone call to your ex-employer. Get it?