Case 30

Speedy Release Documents, Stay Permit, and Missing Wages for Suzanne During COVID-19 Era

 

Suzanne, a dedicated South African teacher, found herself in a complex legal dilemma with her employer. Despite her commitment to her role since April 2020, a series of unfortunate events and unmet contractual obligations led her to seek our legal assistance.

 

In May 2022, Suzanne informed the school’s management of her intention not to renew her contract, seeking to prioritize her children’s education and well-being. Although the school initially agreed to her departure and the completion of her paperwork, a pivot occurred when a fire incident from 2020 was brought up to complicate her release.

 

The employer attempted to leverage an unresolved civil case related to the fire in Suzanne’s apartment—which was neither caused by her nor her responsibility—as grounds to withhold her release papers.

 

Recognizing the urgency of the situation, our legal team acted swiftly to navigate the complexities of Chinese labor law and the rights of foreign employees. We filed a case at the local labor arbitration committee, citing the immediate termination of her contract due to the employer’s breach of obligations, specifically the non-payment of social insurance.

Aware of the substantial severance pay they would owe Suzanne if she were terminated, the employer chose to reach a settlement with us, allowing her to depart amicably. Yet, our challenges were not over. Suzanne’s residence permit was nearing expiration, necessitating assistance in obtaining a stay permit until her new work permit for a position in Nanjing could be processed.

 

We liaised with the Nanjing Exit-Entry Administration, striving to secure a stay permit for her—a task typically fraught with difficulties, as such permits are usually issued by the original granting authority, in this case, Jiangyin. Jiangyin had already issued Suzanne a stay permit once and was reluctant to issue another. Nonetheless, we successfully obtained a second 30-day stay permit in Nanjing for Suzanne, providing her with the crucial time needed to finalize her new work permit.

 

It’s critical to note the context of these events, which unfolded during the COVID era. Had we not been successful, Suzanne would have faced significant delays and expenses, including a mandatory 21-day quarantine when re-entering China from South Africa.

Furthermore, we secured Suzanne’s owed wages on July 27th. While Suzanne initially engaged our services in early June, we managed to resolve all matters, including her seamless transition to a new employer in a different city and the recovery of her unpaid wages, all within a span of two months.