More and more foreigners are coming to China to pursue their careers. Before or during thier employment,understanding the rights and obligtation set by the employment laws of China is important. Here below, Attorney_Jingzhan_Wang provides you some legal advice about getting employed or unemployed in China：
Question 1: What does a foreigner need to apply for when being employed in China?
Answer: generally speaking, work visa, work permit and residence permit are needed for foreingers for getting employed in China.
Question 2: what to do during negotiation and signing your employment contract?
Answer: keep in mind that you need to negotiate with the employer in aspect of roles, salary, time, location, and so on. After reaching an agreement, you should sign a written contract with the Employer and keep it. In case any dispute occurs therein, the original contract would become critically important. Beside, the negotiation records may be helpful in explaining the agreement between you and your boss.
Question 3: Does the employer or the employed foreigner needs to pay for social insurance in China?
Answer: Yes. As per the laws and regulations, companies or other organizations that employ a foreigner need to make sure that they make a registration of the social insurance for the foreigner employees. Usually, the social insurance includes: retirement insurance, work injuries insurance, medical insurance, unemployment insurance, and maternity insurance.
Question 4: How to terminate the employment contract when you want to quit?
Answer: the employee is allowed to quit the employment in the followong circumstances :
- mutual consent;
- the employee’s notification of termination 30 days ahead of time, or 3 days ahead of time during the probation.
- the employee’s quit due to that:
- Absence of working conditions and violating provisions of contract,
- No timely or sufficient payment,
- No social insurance,
- Employer’s regulations or disciplines to break laws and deducting employees’ benefits.
- The contract should be invalid because of breaking mandatory rules.
- Besides, if the employer, in the manner of violence, threatens or illegal detention, forces the employee to work, or to endanger the employee’s safety, the employee could leave without notification.
Question 5: what would be the legal remedy in case a dispute fails to be dissolved by negotiation?
Answer: The employee has the right to apply for an employment arbitration when there is any dispute, and, furthermore, the employee may appeal to the law court if he thinks the decision of arbitration is unjustifiable. Meanwhile, the employee or employer could trust a Chinese lawyer to act for and on behalf of him in a legal process.