HELP PLS

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  1. #1

    Join Date
    Nov 2008
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    5

    HELP PLS

    I am a Filipino citizen and is in the Philippines right now. My previous employer had submitted a complain to our embassy in Beijing. What should I do now?

    Below is the detailed things that happened while in China:

    1. I was offered a job by a Hong Kong based company as Field Service Technician

    2. I arrived China last June 27, 2008 and signed a contract last June 30, 2008. It was discussed that our work permit for Hong Kong be processed soon by the employer while we are in China taking the training

    3. It was stated also in the contract that the work will commence upon arrival in China or Hong Kong and we will be on probation for three months.

    4. I entered china on a Tourist visa (visa L)

    5. The company did not pay our salary for June 27-30, 2008 payroll. However, we received the first salary last August 2, 2008 for July 1-31 payroll.

    5. The company extended my visa and changed it to visa F with validity until Nov. 14, 2008

    6. According to my employer, a new contract is to be signed after our probationary period if we pass the training.

    6. The probationary period was suppose to end last September 30, 2008, but no new contract was released, my visa is still on visa F, and a work permit is still not processed.

    7. Last September 28 October 4 was a National Holiday for China. We were asked to work from Sept. 28 30 even though it was a holiday. We did not receive any holiday pay last Oct. 3, 2008 for our Sept. 1-30 payroll.

    7. I left the company and went back to the Philippines for security reasons.

    8. I submitted my resignation last Oct. 22, 2008.

    9. My boss did not accept my resignation and e-mailed me that he will sue me if I will not go back to China for work. I am so worried and bothered by his e-mail.

    Hope somebody could help pls.


  2. #2

    Join Date
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    If you are sure that your ex-employer has communicated with your embassy in Beijing the send this full story to your embassy in Beijing and let them deal with it; your embassy is there to help and protect you.

    "Not accepting a resignation" is not possible - you were an employee not a slave.

    Do not communicate further with your ex-employer.


  3. #3

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    Sarcasm - because beating the crap out of people is illegal
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    What happened to the previous thread on this subject by the same person?


  4. #4

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    Quote Originally Posted by Claire ex-ax
    What happened to the previous thread on this subject by the same person?
    I don't know - but at least I can understand this thread which is a huge improvement!

  5. #5

    Join Date
    Nov 2008
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    5

    PDLM,

    Thank you so much for the advice. I would like to file a counter affidavit for the complain filed against me. Actually, I already had emailed the embassy in Beijing. Will my email to our embassy in Beijing serve already as an affidavit?


  6. #6

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    NMJM - the rest of the world does not tend to jump into the legal fray quite as fast as the Philippines (who appear to have picked up this habit from the US folks!) so I would hold fire on affidavits for now and see what the embassy does for you!


  7. #7

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    That is a question only your embassy can answer!

    But knowing The Philippines a little I suspect that you will need to queue for hours just to get a form, then fill it in, then have it witnessed by an attorney, then have to personally deliver a copy to four different Philippines government bodies several hundred miles apart (each of least will have an ETLA or possibly a VETLA) and none of which will accept it until next year it unless it is accompanied by a "facilitating" payment. You will then need to revisit all the said government offices weekly in order to check on progress, resubmitting a copy of the file to at least one of them when it gets lost, and some time in 2011 someone might just get around to reading it.

    Last edited by PDLM; 12-11-2008 at 10:09 AM.

  8. #8

    Join Date
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    Quote Originally Posted by PDLM
    That is a question only your embassy can answer!

    But knowing The Philippines a little I suspect that you will need to queue for hours just to get a form, then fill it in, then have it witnessed by an attorney, then have to personally deliver a copy to four different Philippines government bodies several hundred miles apart (each of least will have a ETLA or possibly a VETLA) and none of which will accept it until next year it unless it is accompanied by a "facilitating" payment. You will then need to revisit all the said government offices weekly in order to check on progress, resubmitting a copy of the file to at least one of them when it gets lost, and some time in 2011 someone might just get around to reading it.

    Don't forget to wear trousers as I have been thrown out of two government offices in the Philippines now for wearing shorts. To the OP, I would also avoid going down the legal route if you can as the cost will be enormous and as PDLM says the paperwork mind blowing.