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One of the several upcoming lawsuits involving Benenden School and its first forays into opening international campuses in China.

(2024) Guangdong 0113 Civil No. 13207

Court opening time: July 11, 2024, 09:30

Case: Labor contract dispute between Benenden School (BBSG) vs Oxford University postgraduate (Dr. X)

Trial venue: Courtroom No. 8

Trial Court: Guangzhou Panyu District People’s Court

Background:

What is a Release Certificate or Release Document in China?

A Release Certificate or Release Document in China is a free-of-charge, one-paragraph document that the Chinese employer types and signs on the last day of a contract with a Foreign employee to say the contract with the Foreign employee is now terminated, and the Foreign employee is now free to seek other employment opportunities with any other Chinese company they so wish. Most companies or international schools in China have a template of this document that is already prefilled, and they just type the date and the employee’s name. Which takes less than 1 minute.

This document, however, despite being free and painless to produce is of great importance and sometimes a source of excruciating pain. This is because without it a foreign employee cannot be hired by any other Chinese company even if they are the best candidate for the job. So what could go wrong?

Well, a lot, as it happens. For one, many unscrupulous international schools and companies in China use this simple document to abuse foreign expats by withholding it from them unless the foreign expat caves in to do any and all of their demands. Whatever those demands may be. Whether they are in the contract or not. The document has largely become one of the most preferred tools for abuse and control (the other popular tool being threatening to send false allegations about the foreign expat to the Chinese immigration department and thereby permanently complicate all of the foreign expat’s future Chinese visa applications) because the Chinese employer can simply withhold the Release certificate for as long as possible and give it to you noticeably later as a way to signal other Chinese companies not to hire you.

Is there any other way to get this document if your employer refuses to give it to you and you have done nothing wrong. Yes and no. Yes, you can file a complaint to the government, and the government might order the company to give you the document within a prescribed time frame. That is all there is, no other consequences for the employer, not a fine nor jail, nothing. Essentially, they have nothing to lose in any shape or form. As a result, filing a complaint only makes it much worse for the foreign expat. Remember, by withholding this document noticeably long before they give it to you, the damage is already done to your future career. All other Chinese companies will get the signal that they should avoid hiring you. So you are basically doomed. The international schools and companies know this. Thus, in the end, no matter what the case may be, the international schools or companies that are withholding your Release Certificate always win in the end. Therefore, they can and often do abuse this document with impunity. Especially as there are literally no consequences for this form of abuse. Basically, the foreign expat has no choice but to cave into their demands.

You might be thinking that is not a big deal, the foreign expat can just wait it out until the international school or company has mercy on them. Nothing is lost. Or is it? Now imagine you are waiting for your Release Certificate and applying for another job at another company and the other company gives you a lucrative RMB 3 000 000+ (~ USD 410 000+) contract because they know you are good at what you do. But your previous employer refuses to give you the Release Certificate for more than a year and counting. The offer is then given to someone else because you do not have your release certificate. Does that still seem like not a big deal?

How is this all related to this case?

Benenden School hired a consultant to i) find highly effective ways to deliberately violate the 3-month termination written notice in the contract agreement with the foreign expat, Dr. X, ii) withhold Dr. X’s 3 months salary and iii) refuse to provide Dr. X with his Release Certificate. That is UNLESS Dr. X signed a legal document to say his work was terrible and that also he waives all his rights to ever file a legal complaint for any past or future wrongdoing by Benenden School, Benenden School Board Members, Benenden School’s Leadership, Benenden School’s Affiliates, Benenden School’s Partners, etc. A blanket waiver, forever.

Dr. X refused to sign the document and Benenden School immediately proceeded to withhold both his 3 months salary and his Release Certificate for a full year plus 3 months and counting. (They still are refusing to give them to him even right at this very moment.)

Dr. X applied for a new job with a different Chinese company and got a RMB 3 000 000+ written contract offer. But Benenden school is still refusing to give him his Release Certificate. In the end Dr. X could not take up the job without the Release Certificate.

Dr. X then filed a lawsuit and Benenden School now admits that all this was just because of their own leadership internal disagreement which had nothing to do with Dr. X or his valuable contributions. Benenden School leadership and staff acknowledges the valuable contributions by Dr. X.

So now Benenden School would like to settle by promising to give Dr. X the Release Certificate and only a small fraction of his 3 months salary they are still withholding that they owe him (this amount is significantly less than 5% of the new job offer they cost him by refusing to give him his Release Certificate), BUT they will give him only if he signs another document to withdraw his lawsuit. Not before. Benenden School’s reason for not giving him his free one paragraph Release Certificate they have been withholding, for more than a year, right away before the court hearing date is that Benenden School says it is very very complicated to get this one paragraph document drafted, signed and stamped. But Benenden School really really promises to give it to Dr. X right away if only Dr. X withdraws his lawsuit. They really really promise.

So what are some of the opposing views on this case?

Benenden School Supporters:

Foreign expats need to be controlled. Otherwise, they will get hired by multiple companies. Thereby affecting the job market in undesirable ways.

Foreign Expats Supporters:

There are very few foreign expats in China to impact the job market. The percentage of foreign expats in China is one of the smallest among the world’s wealthiest countries.

Benenden School Supporters:

Foreign expats would be challenging to deal with if we do not have a stick to get them in line when we need to. Otherwise, they could just leave the company whenever they want and find a new job elsewhere.

Foreign Expats Supporters:

China has a free job market, even Chinese employees also just leave a company with a one month notice whenever they want or decide they no longer want to work for a company and want to find a new job elsewhere. Therefore, this is not a foreign expats per se issue.

Benenden School Supporters:

Benenden School has had a great illustrious 100 years of spotless history in the England, even Princess Anne of England went to school there. So, they would never do anything like this in China. The foreign expat must be lying.

Foreign Expats Supporters:

When many foreign international schools open their campuses in China or partner with other companies to open international school campuses in China, they do not always adhere to the very same high standards they hold in their own foreign countries.

Benenden School Supporters:

With such a powerful and desirable brand, the Benenden school leadership would never do anything like this to foreign expats. Besides, many foreign expats just love working for Benenden School so much.

Foreign Expats Supporters:

If that were the case then most foreign expats would not be resigning in such large numbers from Benenden School as soon as their contracts permit. Even the Foreign Principal immediately resigned as soon as his two-year contract expired. Clearly, with powerful new tools of foreign expats control such a the Release Certificate, many International Schools and companies become more emboldened as there are literally no ramifications to abusing the withholding of Release Certificates. They can squeeze more out of the limited number of foreign expats in China for their own benefit without any real consequences. If they withhold the certificate indefinitely or long enough so the foreign expat can never be hired by anyone else, then the foreign expat will have to leave the country anyway. So problem permanently solved. This is why this method is sometimes termed “The bow or get financially strangled for as long as it takes till you are no longer a problem.”

Benenden School Supporters:

This is all just hearsay. Where is the evidence? We love you Benenden keep using the stick and keep these foreign expats in line.

Foreign Expats Supporters:

Feel free to attend the court hearing in Guangzhou where the recorded audio and video evidence of the Benden School leadership will be played in full and accompanying document evidence will be publicly released. Among this recorded evidence is when Benden School leadership in particular Chinese Principal Louisa Shen kept repeating veiled threats to ruin Dr. X’s future visa applications to China or ruin his standing with the EDB (Education Bureau). That is unless he complies with Benden School’s demands.

Below are the details:

(2024) Guangdong 0113 Civil No. 13207

Case: Labor contract dispute between Benenden School (BBSG) vs Oxford University postgraduate (Dr. X)

Court opening time: July 11, 2024, 09:30 Beijing Time

Trial venue: Courtroom No. 8

Trial Court: Guangzhou Panyu District People’s Court

Pro-tip

If you are an expat about to sign a new contract with a Chinese company in China,

1-Make sure you stipulate in the contract that they will give you your Release Certificate on the contract’s stated final day.

2-Make sure you stipulate in the contract that the written notice time frame salary should be deposited into your account within a specified time frame.

3-Contact some of the company’s current or former employees e.g. outside of work via Linkedin and ask questions about what it is really like to work with this employer or the employer’s leadership team. Or visit https://www.assess.school to connect with other international educators who might have had experience with the employer and share.