Foreign Employees in Shanghai Shall Learn to Protect Themselves

Recently, I took a labor arbitration case of an alien suing a local WOFE.

During this case, I got the chance to talk to labor arbitrator to learn more. I have to say that the legal practice is not so optimistic for foreign employees.

There are lots of legal risks when a foreigner chooses to work in China, especially Shanghai.

1. Arbitration court respects the free will of foreign employee and local employer, which means what the employee and employer concluded in the labor contract are the most important. If the labor contract cannot protect the alien, then the labor law may also not. Certain labor rules are complusive in order to protect the employee, however these complusive rules may only  applied to Chinese citizens. For example, the termination rules. The employer could set forth any kind of rules to terminating an alien, such as 30 days notice in advance. But the labor law does not allow employer to stipulate these rules to terminate a chinese citizens at its will.

Thus, the protection for alien working in China is not enough, foreign employee shall learn to protect themselves by labor contract.

2. The labor relation may be denied if the employer on your work permit is different from the employer that actually sign labor contract with you. When you sue the employer on the work permit, you don’t have real labor relation with this company and you cannot prove. Furthermore, this company may be a ghost company, don’t even have a real address. When you sue the real employer, they may say you’re not working for them due to they cannot apply the work permit for you.

 

My case may get a good result even the employer is not the employer on the work permit. My client has a cautious personality. She puts every detail agreed by both parites in the labor contract. Do you have a thorough labor contract to sign?

Posted in Contents, Labour Disputes, Termination and Revoke of the Labour Contract | Comments Off

Part Time (Non-Full-Time) Labour Relation

Part Time labour  is also governed by labour contract law, but it is quite different from full time labour:

  • The working hour system of part time labour:

            1. The remuneration is generally calculated on hourly basis;

            2. The average working hours of a worker per day shall not be more than four hours and the cumulative working hours per week for the same employer shall not be more than 24 hours; CONTINUE READING…

Posted in Basic Concepts, Insurance, Probation Period, Termination and Revoke of the Labour Contract, Wages, Working Hours, Rest and Vacation | Comments Off

Cancellation and Termination of Labour Contracts

There are several ways to end a labour contract:

  1. Cancelled by one party  or both of them.

     (1)   Employer and Emloyee both agree to cancel the labour contract.

              An employer and a worker may cancel the labor contract upon consensus by consultation. CONTINUE READING…

Posted in Termination and Revoke of the Labour Contract | Comments Off
 

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