Against the backdrop of China's deepening reform and opening up, more and more foreigners are coming to China to live and work.
This article will review several typical cases of labor disputes among foreigners.
According to the "Regulations on the Administration of Employment of Foreigners in China," disputes between foreigners and employers can be resolved through labor laws and labor dispute mediation and arbitration laws. However, except for provisions on ensuring that foreign workers in China are paid no less than the local minimum wage standard, and that working hours, rest and vacation, labor safety and health, and social insurance are implemented in accordance with relevant national regulations, other labor rights and obligations have not been specified. This has led to practical difficulties such as foreign workers lacking employment permits or other documents, resulting in unclear labor relations with employers, or even falling into the category of "black labor." There are also questions about whether other labor rights and obligations of foreign workers can be subject to the provisions of labor contract laws and regulations.
Foreigners working in China must obtain an employment permit and a work visa before they can legally work in the country. Employers are required to provide foreign workers with a written employment contract that specifies their job responsibilities, salary, working hours,
and other terms and conditions. However, some employers may not fully comply with these requirements, which can lead to disputes between foreign workers and their employers.
In addition, foreign workers may face challenges in obtaining social insurance benefits, as the system is complex and varies by region. Some employers may also fail to provide adequate protection for foreign workers' labor rights, leading to issues such as unpaid wages, excessive working hours, and unsafe working conditions.
To address these challenges, it is important for both foreign workers and employers to understand their respective rights and obligations under Chinese law. Foreign workers should ensure that they have obtained the necessary permits and documentation, and that they are aware of their rights and protections under labor laws. Employers, meanwhile, should take steps to comply with all relevant regulations and provide a safe and fair working environment for their foreign employees. By working together, both parties can help to ensure that the employment of foreigners in China is conducted in a legal and ethical manner.
Q&A:
Do foreign employees need to obtain a resignation certificate when leaving a Chinese company? What should foreign employees do if the company does not cooperate?
When foreign employees leave a Chinese company, the company is required to provide them with a certificate of termination. "In the process of canceling the Foreigner's Work Permit, canceling the Residence Permit, and applying for a new work visa, the certificate of termination is a necessary document to be provided."
According to Article 25 of the "Regulations on the Administration of Employment of Foreigners in China," if a labor dispute arises between an employer and a foreign employee, it should be handled in accordance with the "Labor Law of the People's Republic of China" and the "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes." If a company fails to issue a certificate of termination, foreign employees can file a complaint with the labor administrative department (labor inspection) or apply for arbitration with the labor arbitration department based on their passport, work permit, and related evidence to protect their legitimate rights and interests.
It is important for companies to provide foreign employees with a certificate of termination when they leave their job, as this document is necessary for them to complete the process of canceling their work permit and residence permit and applying for a new work visa. Failure to provide this document can cause difficulties for foreign employees and may lead to disputes between them and their former employer.
If a company refuses to issue a certificate of termination, foreign employees have several options for seeking redress. They can file a complaint with the labor administrative department or apply for arbitration with the labor arbitration department. It is important for foreign employees to be aware of their legal rights and protections under Chinese law and to take appropriate action to protect themselves if their rights are violated. By working together, employers and foreign employees can ensure that the employment of foreigners in China is conducted in a fair and lawful manner.
Source: GICexpat
