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1. There must be a direct reason for the inability to continue working when returning to China in the middle of the labor service, otherwise, the unilateral return of the labor personnel is a breach of contract;
2. Appropriate compensation must be given to the laborers if they return to China in the middle of the journey due to the reasons of the foreign employer;
3. If the domestic dispatch company deceives or the terms of the signed contract do not conform to the actual situation abroad, etc., the domestic dispatch company shall be fully responsible and bear all the costs and losses.
4. The labor personnel can directly file a complaint with the commerce bureau of the place where the dispatch company is located, and enter the claim procedure for the risk deposit of the dispatched labor service.
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You can consult an immigration lawyer for details, because this involves the issue of the contract, it stands to reason that it is not a breach of contract due to special conditions that lead to inability to work or others, you can choose to return to China, I don't know how your contract reflects this, whether the fee can be refunded to you This is not easy to say.
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This can be applied for, and it should be able to give you a partial refund.
And before you come back, you must apply to the Ministry of Health and Welfare for a refund of the Employees' Pension, which is a lot of money. If you come back, it will be very troublesome, and finding another company will also charge you a fee.
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It's not a breach of contract, I'm not very clear, my wife is already in Japan, and when I went out, the labor company said that due to objective reasons, the proportion of labor fees will be deducted after a few years of doing it there There should be a return, or I don't understand, it depends on the contract you signed.
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I don't know. Does your contract stipulate this? Or find a lawyer for advice. I'm also going to Singapore. Hope to be able to deal with satisfaction.
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The time required to apply for a visa to work abroad varies from country to country: 6-8 months at the fastest in developed countries in Europe and the United States, and 9-12 months in general; Japan: 5-6 months (including 3 months of training):
Singapore: 1-3 months. To work abroad, you generally need to go through the following procedures:
1. Submit a valid passport; 2. Submit various documents related to the reason for application, such as proof of birth, marital status, education, work experience, etc.; 3. Fill in and submit the visa application**. The visa is different, ** is also different, most of them must be filled in a foreign language and provided at the same time**; 4. Go to the embassy or consulate of the country in the country** to meet. Some countries require an interview before a decision can be made; Some countries require an interview to apply for a nonimmigrant visa; 5. The embassy or consulate shall submit the completed visa applications** and necessary supporting materials to the competent domestic departments for review and approval.
Embassies and consulates of a few countries have the right to issue visas directly, but they must still be forwarded to the country for filing;
6. Go to the competent department of the country for necessary review and notify the embassy or consulate in the country of the approval opinion. If agreed, a visa will be issued. Applicants will also be notified if they are rejected. (For visa refusal, the embassy or consulate will not refund the visa fee);
7. Pay the visa fee. Generally speaking, you have to pay the fee when you submit a visa application, and some countries only charge the fee when the visa application is successful. Immigrant visas cost slightly more, and non-immigrant visas cost slightly less. There are also some countries and regions where visas are free.
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Legal analysis: You need to go to the local embassy for help, it is best to ask for help immediately, because the visa will soon expire after the expiration of the labor service, and if you still stay in the country, it will be counted as overdue, which will affect the visa in the future.
Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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In February 2020, it was affected by the new coronavirus.
Impact, World Health Organization.
WHO) is valid for three months after publication, after which it will be dissolved. Therefore, after the epidemic has passed, it is still considerable to go abroad to work.
There is no uniform scope of personnel included in the labor service abroad, as long as the labor importing country needs it, and the labor and services owned by the labor exporting country can be included in the ranks of labor abroad.
Taking China as an example, the main personnel exported are: construction workers, engineering and technical personnel, seafarers, cooks, medical personnel, literary workers, agricultural planting, handicraft workers, and arts and crafts.
personnel, foreign trade workers, translators, educators, and housekeepers, etc.
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Legal Analysis: 1. Age. Generally, the age range required in these countries is between 18-35 years old in Singapore, and the age range in developed countries is between 22-48 years old.
Of course, there are other age requirements. 2. Academic qualifications. There is no unified standard for academic qualifications, mainly according to different types of work.
Legal basis: Passport Law of the People's Republic of China
Article 2 The passport of the People's Republic of China is a document for citizens of the People's Republic of China to enter and leave the territory of the People's Republic of China and to prove their nationality and identity abroad.
No organization or individual shall forge or alter, transfer, intentionally damage or illegally seize passports.
Article 4 Ordinary passports shall be issued by the exit-entry administration of the Ministry of Public Security or the exit-entry administration of the local people's ** public security organs at or above the county level entrusted by the Ministry of Public Security, as well as the embassies and consulates of the People's Republic of China abroad and other overseas institutions entrusted by the Ministry of Public Security.
Diplomatic passports are issued by ***.
Official passports are issued by the foreign affairs departments of the people's embassies, consulates or other overseas institutions entrusted by the People's Republic of China, as well as the foreign affairs departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts.
Article 5 Citizens who go abroad for non-official reasons such as going to a foreign country for non-official reasons such as settling, visiting relatives, studying, working, traveling, or engaging in business activities shall apply for an ordinary passport in person from the exit-entry administration of the local people's ** public security organ at or above the county level where their household registration is located.
Article 6 When applying for an ordinary passport, a citizen shall submit his/her resident identity card, household registration booklet, recent barehead** and relevant materials on the reason for application. Where a state functionary leaves the country for the reasons provided for in Article 5 of this Law and applies for an ordinary passport, he or she shall submit relevant supporting documents in accordance with the relevant provisions of the State.
The exit-entry administration of the public security organ shall issue an ordinary passport within 15 days from the date of receipt of the application materials; If it does not meet the requirements, it shall explain the reasons in writing and inform the applicant that he or she has the right to apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
If a passport cannot be issued on time in a remote area or an area with inconvenient transportation, or due to special circumstances, the issuance time may be extended to 30 days with the approval of the person in charge of the passport issuing authority.
Where a citizen requests expedited processing due to reasonable and urgent reasons, the exit-entry administration of the public security organ shall handle it in a timely manner.
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Step 1: Labor information must be obtained. Only when you know the specific labor information can you start the procedures for leaving the country. The following points should be noted when obtaining information on overseas labor.
1.Go to the labor agency for consultation, fill in personal information and resume;
2.You have to know which country to go to, and it's better to know which region you'll end up going to;
3.What is the total cost of overseas labor and how it should be paid;
4.What exactly do you do at that Guokai Encounter, and how long did you sign the contract?
5.What is the specific salary, such as food and accommodation, whether there is overtime, etc.;
6.How long do you work each day and how do you take time off?
7.Is there insurance? If so, what insurances are available?
8.Finally, be sure to look at what kind of visa it is and how long it is valid.
Step 2: Get a passport. This step is certainly indispensable, just like having an ID card in China.
A passport is a Chinese ID card abroad. Generally, passports are processed after passing the interview and leaving the country. For the specific application process and required materials, please refer to the procedures for applying for ordinary passports at the Beijing branch.
Step 3: Before going abroad, you should fully communicate with your family, arrange things, have a simple physical examination, and plan to go abroad to raise funds.
Step 4: Although all the procedures are now handled by the labor agency, the materials to be used must be prepared by yourself. Please pay attention to teach you how to deal with the specific materials that need to be prepared.
In addition to the necessary preparations, according to the requirements of different countries, some also need to prepare a certificate of innocence and sign one or more contracts.
After completing the above process, we can only wait. The processing time varies depending on the country. We have to wait patiently and enviably for a few days and a few months for a slow.
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Legal Analysis: 1. Have good moral cultivation, abide by the laws and labor discipline of the country to which you are going, have a healthy body, and be able to adapt to the climatic conditions and labor of the country you are going to.
2. It is necessary to have the necessary language skills, especially the foreign language proficiency of dealing directly with foreign parties, but the general collective labor service personnel do not need to emphasize the ability to take hidden language from outside the film.
Legal basis: Law of the People's Republic of China on the Administration of Exit and Entry Article 9 Chinese citizens entering or leaving the country shall apply for passports or other travel documents in accordance with the law. Chinese citizens traveling to other countries or regions also need to obtain a visa from the country to which they are traveling or other entry permits that can be certified by the Department of Peace.
However, except for the mutual visa exemption agreements signed by China and other countries, or as otherwise stipulated by the Ministry of Public Security or others. Chinese citizens who enter or enter the country on a charter as seafarers and work on foreign ships shall apply for seafarers' certificates in accordance with the law.
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