How to Obtain Your Release Letter in China

In the previous article, we discussed the situations that you are entitled to a Release Letter in China.

How to Obtain Your Release Letter in China?

What could you do when your boss just refuses your request for it?  You could attempt being pathetic, and beg your boss. Sure, if it works. 

But most of the time, your boss will provide you with hundreds of excuses, such as, the HR staff is currently off duty, or we have to get the approval of the government first. 

As you know, none of those excuses can stand up.  At this time, you shall go through the following legal procedures without hesitation. 

First, find a lawyer to help.

If you recognize the value of professional help, you shall first find a lawyer. 

If not, skip to step two. 

Generally, the lawyer will help you sort out all the facts in your case and analyze if you are entitled to a Release Letter at the time. If you haven’t satisfied all the procedures of termination or resignation, the lawyer will advise how to perform your obligation. 

If you are entitled to a Release Letter, you would ask the lawyer to call your company or send an Attorney Letter. Once your boss has been informed about all the legal consequences for his/her delay, he/she should reconsider it. After all the earth is still spinning without you. 

Second, report it to the Labor Supervision Bureau.

The local labor supervision bureau has been established according to the Regulation on Labor Security Supervision.

The aim of it is to maintain the lawful rights and interests of the laborers in accordance with the law to supervise the employer’s obedience in following labor security laws, regulations, and rules. 

Under Article 11, the labor supervision bureau shall supervise a wide range of labor matters, including labor security, the conclusion of the employment contract between employer and employee, prohibition of child labor, the special labor protection of female workers and minors, the implementation on working hours and rests and leave, the payment of the wages and implementation of the minimum wage standards, and the purchase of various social insurance and payment of social insurance premium by the employer.

The issuing of Release Letter is not illustrated in Article 11, but in fact, falls within the scope of supervision. 

So when you file your case to the local supervision bureau, it will investigate it and make an administrative punishment. 

Third, file a case in the Labor Dispute Arbitration Committee.

As the power of the labor supervision bureau is limited; if the company doesn’t obey the administration decision, or for example, the labor supervision bureau is convinced by the company, your last resort is to sue.

In China, our legal system renders a three-level litigation process for labor disputes and you have to start with the arbitration.

To file your case, you shall submit all materials that could prove you are entitled to your Release Letter, such as your employment contract, your Resignation Letter, the screenshot of the conversation, e-mails, and all other evidence you can acquire. 

Based on my own experience, most cases for claiming Release Letter will end in this step if there are no other disputes tangled in the case.

You have shown your determination to stand up to your employer, no one wants to make more trouble for withholding such a document. 

If you have more questions, welcome to tell us, and we will write more articles for your questions. By the way, please share my article in your moments, and you will have the opportunity for a free consultation.

If you have more questions about china labor/employment contract law, welcome to contact me.