Foreign Teacher's Pay Withheld Over Work Permit Cancellation

Source: OT-Team(G)，安徽省电力协会

A foreign teacher recently reached a settlement with a Anhui secondary school through mediation after a dispute arose over unpaid wages and employment termination procedures.

Case Details

The dispute began when Ms. W (pseudonym), a foreign national employed under a fixed-term contract, submitted her resignation via email with one month's notice as required. However, the school immediately responded that mutual agreement was necessary for termination and withheld her final month's salary along with the legally mandated termination documents.

The school justified its actions by claiming Ms. W's abrupt resignation had disrupted academic operations and expressing concerns she might not cooperate in canceling her foreign work permit - a critical requirement under Chinese employment regulations for foreign workers. Without this cancellation, the school faced potential administrative complications with immigration authorities.

Upon receiving Ms. W's complaint, the district's Labor Dispute People's Mediation Committee launched an investigation. Mediators discovered that while the teacher had properly notified the school of her resignation, both parties had failed to adequately communicate about the subsequent procedures. The school's concerns about work permit cancellation, though legitimate, didn't legally justify withholding wages or termination documents.

Mediation Process and Resolution

The mediation committee adopted a three-pronged approach:

1.Policy Clarification: Mediators consulted with labor and immigration authorities to verify proper procedures for foreign work permit cancellation, confirming the 10-day reporting requirement after termination.

2.Balanced Negotiation: Through separate then joint sessions, mediators helped both parties understand their legal obligations. They emphasized that while the school had legitimate concerns about work permit cancellation, withholding wages violated labor laws.

3.Practical Solution: The committee proposed a step-by-step resolution where the school would immediately pay outstanding wages and issue termination documents, while Ms. W would formally commit to completing permit cancellation within 15 days.