Jobs in China can be overwhelming at times. Cultural and linguistic difficulties can be difficult to overcome, and labor laws and employer expectations often differ widely from those in other parts of the world. It is essential, therefore, that is well informed about labor laws and employee rights. Here's a short guide to their legal rights and responsibilities is shown as a foreign worker in China.
Source: Brooke Cagle proper documentation
The first point, and perhaps most importantly, without the proper documents, a foreign worker in China has legal rights. This may seem obvious, but we've all heard stories of expatriates being detained and deported from China after working in incomplete circumstances.
It is essential that you have your papers in order, which will normally be a work (Z) visa and a residence permit. As the process of obtaining a work visa is long and complicated, those who come to China for work for the first time, you must insist that emit a Z-visa before arrival. Anything else could see stuck here for months without legal power of work and / or pressured to work illegally.
In addition, if a dispute between you and your employer in the line, which will have no legal standing to file a complaint against them without the correct visa, even with a contract signed and sealed arises. Do not trust an employer as gospel when it comes to the documents you need. Do the research yourself and make sure you are on the right side of the law. After the contract
Many foreign workers in China are labor contracts as a superficial step to getting a job and getting paid. We all know that it is necessary and important, but how many of us carefully study and we are aware of our rights and responsibilities?
It is likely to pay attention to the big things like salary, housing allowance and health insurance, but a typical contract is anywhere from10 to 20 pages. It is an arduous reading work through that great legalese, including sections detailing improbable events or dark, but a rule or provision that seemed harmless when they were excited to be hired can take on a new meaning uncomfortable once you've started to work .
In China, only Chinese version of a contract is legally binding, so it's a good idea to have a bilingual person read both versions and see that match. All contracts in China the following clauses should include, but additional clauses probably be added by the employer:
(1) Term of the employment contract; (2) the work assignment; (3) protection and working conditions of work; (4) compensation of the work; (5) Work discipline; (6) Conditions for termination of the employment contract; (7) Liabilities for violation of the labor contract.
Once hired, which is expected to follow the letter and spirit of the contract. Most contracts contain a clause stating that failure to comply could result in action and / or disciplinary termination. It is your responsibility, therefore, to make sure they understand and follow the contract.
Please note, however, that your employer can not include anything in the contract that violates Chinese labor laws. Information on some of the labor laws frontline of China can be found here, while a full English language version is available here. Conflict Management
In case of dispute with your employer as a foreign worker in China, it is essential that you have properly documented the chain of events. Any important correspondence with your employer and colleagues should be emailed so there is proof of what was said and when. In the same way, if you resign or simply refusing to sign a new contract, this should always be in writing.
In most cases, employees and employers part amicably. However, there is always the possibility of a misunderstanding or an unscrupulous act by an employer. More reason to know her inside out contracts, respecting written, ideally mail, records of important communications, and any dispute or disagreement.
Your rights and responsibilities in the workplace is detailed in the contract and it is likely that a company handbook. But while his contract is legally binding, as mentioned above, it does not replace Chinese law. If your employer has violated Chinese labor laws in any way and can prove it, you will have a lot of leverage in internal disputes.
Obviously, you always have the right to a license, but be aware that contract detailing the circumstances and procedures for termination of employment. If you are going to give up, therefore, be sure to follow these rules to the letter, otherwise your employer may decide to withhold your final paycheck, keep your important documents, or cancel his visa before has been moved to a new employer.
Finally, some cleaning: I'm sure we all know someone who, in extreme circumstances, simply left their work in China without prior notice and returned home. Although I do not want to judge anyone who has done this, it does make things more difficult for us foreigners staying in China. In general, it can be a cause of greater restrictions on foreign workers, and needless to say it will probably say it would be impossible for you to return to China to work if you ever want. Protection against Discrimination
Many protections employment discrimination found in most other countries are also present in China, including the laws that protect workers who may face discrimination based on race, gender, ethnicity and religious beliefs. The effectiveness of these are implemented and applied, however, it is another matter.
In March 2019, after numerous recommendations, China also agreed to adopt anti-discrimination laws Protect LGBT people. While this is an encouraging step, at this time, there are very few cases of the new laws actually applied.
What's more, there are currently no labor laws that protect them from being discriminated against someone under age. It is increasingly common for employers, including schools, to put a strict limit on the age of foreign workers. While virtually everywhere in China will not issue work visas to foreigners over 60 years, I have seen some ads work instead of the state boldly that will not have anyone over 40. Obviously this is cause for demand in most Western countries, but as a foreign worker in China, there is absolutely nothing you can do to respect.
Finally, childless married women of childbearing age may find themselves struggling to find work in China. Employers assume no married woman without children in their late 20s to mid-30s is likely to become pregnant at any time, so a risky investment. While employers were last year banned ask about the status of the family, such probing questions are actually still commonplace. In extreme circumstances, job advertisements can ask explicitly only men or women with children, while some employers have reportedly even forced women to pregnancy tests performed as part of the hiring process. Under the new rules, all this is a violation of the right to work.
Familiarize yourself with the dense network of rules, regulations, laws and customs - some other obvious and important, obscure and seemingly meaningless - is the best way to ensure your stay goes smoothly. A life of quiet work in China requires, at the least in part, understand and act on their legal rights and responsibilities that a foreign worker in China.
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