Who this guide is for
Foreign employees resigning from or changing a mainland China employer. It does not assume that every move can be processed as a “transfer.” Work-permit and residence procedures vary by city, role and timing; verify the current route with both the work authority and exit-entry administration.
Choose the employment-law exit route
| Route | Notice / condition | Key caution |
|---|---|---|
| Ordinary employee resignation | Article 37: 30 days’ advance written notice. | Use provable delivery; employer “approval” is not stated as a condition. |
| Resignation during probation | Article 37: 3 days’ advance notice. | Confirm the probation is still valid and state the last day clearly. |
| Employee termination for employer breach | Article 38 lists grounds; some permit immediate termination. | Classification affects compensation and dispute risk—obtain advice before asserting it. |
| Mutual separation | Negotiated date and terms. | Read release, payment, permit, confidentiality and non-compete terms together. |
| Contract expiry | Depends on contract and statutory renewal/termination rules. | Do not call an early exit “expiry”; protected-status or open-ended rules may matter. |
Before giving notice
- Check the new sponsor. Registered entity, role, city, salary and your qualifications should be pre-checked with its local work authority.
- Read the current contract. Notice address, handover, bonus, repayment, confidentiality and non-compete provisions.
- Ask both authorities for the route. Determine whether the case is a change, cancellation and new application, or another procedure; ask what keeps residence lawful in the gap.
- Create a date plan. Notice delivery, last day, payroll, permit cancellation, residence action, new filing and earliest authorized start.
- Copy your records. Contract, payslips, tax records, permit pages, leave/expense records and personal work evidence that you are legally entitled to keep. Do not take employer confidential information.
A resignation message you can adapt
Subject: Written notice of resignation
Dear [HR/manager],
I give written notice under Article 37 of the PRC Labor Contract Law that I am resigning from my position as [title]. Based on [30 days / three days during probation] notice, my intended last employment day is [date]. Please acknowledge receipt and confirm the handover contact, final payroll schedule, termination certificate, and the work-permit and residence-document steps and dates. I will continue to perform my duties and complete a documented handover during the notice period.
Regards,
[Name / date]
This is a communication example, not legal advice. Send by a method that proves content, date and receipt—such as company email plus a signed delivery method permitted by the contract—and retain copies outside the employer system.
Employment exit documents and final money
Article 50 requires the employer to issue proof of termination/end and complete transfer procedures for the employee’s file and social insurance within 15 days. The employer must retain ended contracts for at least two years. Foreign workers also need the work-authority and public-security steps under the foreign-employment rules.
- ✓ Written resignation and delivery evidence
- ✓ Agreed last day and documented handover
- ✓ Termination/end certificate with accurate dates and entity
- ✓ Work-permit cancellation/change proof and needed release material
- ✓ Residence-permit action confirmed with public security
- ✓ Final salary and payslip
- ✓ Overtime, expenses and unused annual-leave reconciliation
- ✓ Bonus/commission outcome under the governing plan
- ✓ IIT and social-insurance records
- ✓ Non-compete notice and compensation arrangement, if applicable
Do not exchange immigration documents for a blanket release without understanding both. The legal basis and due date for salary, leave, bonus, compensation and a negotiated settlement are not identical.
Work permit and residence are separate from resignation
The foreign-employment rules require the employer to report termination promptly and handle return/cancellation formalities. They also tie the authorized employer to the work permit. Ending the labor relationship therefore does not make the old permit usable for a new company, while cancelling the permit does not by itself settle unpaid salary or compensation.
Exit and Entry Administration Law Article 33 requires changes to residence-document registered items within 10 days. The exact post-cancellation residence solution—new work-type permit, stay document, other residence purpose or departure—must be confirmed locally. Never let a proposed new start date outrun authorization. Remote onboarding, training or trial tasks can still be work for the new company.
If the employer delays or withholds documents
- Send a dated list of missing documents, responsible authority and required deadline.
- Ask for the official application number or system screenshot, not a general assurance.
- Contact the local foreigners-working authority about work-permit cancellation/change and the local exit-entry bureau or 12367 about residence.
- Keep lawful residence; ask what temporary action is available before any expiry.
- Send a separate final-pay reconciliation and preserve evidence.
- For unresolved employment claims, seek local counsel or labor-arbitration guidance; for threats involving documents or illegal work, act promptly.
Do not retaliate by keeping company property or confidential data. Return property against a signed inventory and preserve your own lawful copies.
Hypothetical situations
Hypothetical 1 — impossible start date: a Brazilian manager in Hangzhou accepts a Shanghai job starting two weeks after notice. The old employer estimates a month for cancellation. The parties should move the start date and confirm residence arrangements; work for the new employer is not authorized merely because it is remote.
Hypothetical 2 — “voluntary resignation” form: an employer asks a dismissed employee to sign a form calling the exit voluntary in exchange for permit documents. That wording can affect compensation and evidence. Obtain advice and separate mandatory administration from any negotiated release.
Hypothetical 3 — non-compete: HR says a two-year restriction starts immediately but gives no compensation schedule. Ask for the written scope and payment arrangement and obtain advice before assuming either that it is fully enforceable or can be ignored.
This guide has High immigration and employment-transition risk. Confirm city-specific timing before resigning if continued residence or a fixed start date is critical.
Official sources
General information only. This guide is not legal, tax or immigration advice. National rules, local implementation and the facts of a case can produce different results. Confirm time-sensitive procedures with the competent local authority or a qualified China professional.