摘要：The dispute began when Ms. W (pseudonym), a foreign national employed under a fixed-term contract, submitted her resignation via e

A foreign teacher recently reached a settlement with a Anhui secondary school through mediation after a dispute arose over unpaid wages and employment termination procedures.

一名外籍教师最近通过调解与安徽一所中学达成和解，此前双方因未支付工资和解雇程序问题发生争议。

Case Details

案件详情

The dispute began when Ms. W (pseudonym), a foreign national employed under a fixed-term contract, submitted her resignation via email with one month's notice as required. However, the school immediately responded that mutual agreement was necessary for termination and withheld her final month's salary along with the legally mandated termination documents.

争议始于外籍教师W女士（化名）根据合同规定提前一个月通过电子邮件提交辞职申请。然而，学校立即回应称，终止合同需要双方协商一致，并扣留了她最后一个月的工资以及法律规定的解雇文件。

The school justified its actions by claiming Ms. W's abrupt resignation had disrupted academic operations and expressing concerns she might not cooperate in canceling her foreign work permit - a critical requirement under Chinese employment regulations for foreign workers. Without this cancellation, the school faced potential administrative complications with immigration authorities.

学校声称，W女士的突然辞职扰乱了教学活动，并且担心她可能不会配合注销其外国工作许可——这是中国对外国雇员的一项关键要求。如果没有注销工作许可，学校可能会面临与移民局的行政问题。

Upon receiving Ms. W's complaint, the district's Labor Dispute People's Mediation Committee launched an investigation. Mediators discovered that while the teacher had properly notified the school of her resignation, both parties had failed to adequately communicate about the subsequent procedures. The school's concerns about work permit cancellation, though legitimate, didn't legally justify withholding wages or termination documents.

接到W女士的投诉后，该区劳动争议人民调解委员会展开了调查。调解员发现，尽管教师已按要求通知学校辞职，但双方未能就后续程序进行充分沟通。学校对工作许可注销的担忧虽属合理，但不能作为扣留工资或解雇文件的合法理由。

Mediation Process and Resolution

调解过程及解决方案

The mediation committee adopted a three-pronged approach:

调解委员会采取了三管齐下的方法：

1.Policy Clarification: Mediators consulted with labor and immigration authorities to verify proper procedures for foreign work permit cancellation, confirming the 10-day reporting requirement after termination.

1.政策澄清：调解员咨询了劳动和移民部门，核实了外国工作许可注销的正确程序，确认终止合同后有10天的报告要求。

2.Balanced Negotiation: Through separate then joint sessions, mediators helped both parties understand their legal obligations. They emphasized that while the school had legitimate concerns about work permit cancellation, withholding wages violated labor laws.

2.平衡协商：通过分别与双方会面，然后进行联合会议，调解员帮助双方了解其法律义务。他们强调，尽管学校对工作许可注销有合理担忧，但扣留工资违反了劳动法。

3.Practical Solution: The committee proposed a step-by-step resolution where the school would immediately pay outstanding wages and issue termination documents, while Ms. W would formally commit to completing permit cancellation within 15 days.

3.实际解决方案：委员会提出了一步一步的解决方案，即学校应立即支付未付工资并出具解雇文件，而W女士则正式承诺在15天内完成许可注销。

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