Got Laid Off Today; What Are My Rights?

Hi Everyone,

I got laid off today.

1. It does console me that a few other teachers were laid off. I can honestly say that it was not any fault of my performance.

2. Of course, I am emotional. I have worked every waking moment at this job. I estimate I spend at least 70 hours a week at the school, albeit including mealtime, naptime, downtime. Still, I pushed myself 100%, and found out I was just as expendable as the person who did the very minimum, only to later not get re-signed.

3. So, what are my rights now?

- Right now, I just want to finish the contract. That should give me the due one month bonus, look good on a resume, etc.
- I would prefer any place that keeps my Beijing Social Insurance. That work is gold.
- If I get a great job, I could leave. But, that chance is rare.

4. Anything else you guys could say?

I just know that Chinese labor law and HR practices seem sensible: whether firing, quitting, etc. people tend to finish at the one year mark. At least, I know something will happen. So, I can start getting new jobs now, a few weeks ahead of the curve.

Your severance pay depends on how long you've worked there.  If it's been 1 year, a month would be correct.

If they were taking our social insurance, the probably also took out unemployent insurance.

For both of the above, consult with your local labor bureau.

You need to get a new job lined up ASAP.  When your contract ends, so does your work permit.  When your work permit ends, your residence permit will get cancelled very quickly (even if the res permit has a longer duration, the cancellation will make it invalid).  You can apply for a Stay visa to remain longer, but that would be limited.  No matter what, make 100% sure you are not in China without an active Res permit or visa of some sort.  Even a 1 day overstay comes with penalties and will make any new visas difficult (or even impossible) to get.

If you can't find a new job that will give you a work permit and arrange for a new res permit, one option would be to head to HK for a few days.  Then you can come back in on a tourist visa to continue your job hunt or if a new employer is already lined up, they should provide paperwork to you for a Z visa.

There are some possible new visa types in the pipeline, but I don't think those will be available in time to cover you.

Thanks. All good advice.

I can apply everywhere now.

Make very sure to get a release letter from your current employer.

That should be no problem. No employer ever had trouble letting me go. [Facepalm]