More and more foreigners are coming to China to pursue their careers. It is important for them to know the rights and obligtation prescribed by the employment laws of China, throughout their employment. Here below, Attorney Jingzhan.Wang gives you some legal advice about employment in China：
Question 1: What does a foreigner need when being employed in China?
Answer: According to the regulations, work visa, work permit and residence permit are needed for foreingers to be legally working in China.
Question 2: what’s important when negotiating or signing your employment contract?
Answer: keep in mind that you need to negotiate with the employer in aspect of your position, salary, on-duty time, working place, and every details that you think is important to you. On mutual consents, a written contract with the Employer would be concluded and don’t forget to keep an original copy of the contract. In case any dispute occurs therefrom, the original contract would become one of the most important proofs. Beside, any record of the negotiation may be helpful to interpret the agreement between you and your boss.
Question 3: Does the employer or the employee need to pay for social insurance in China?
Answer: As per the laws and regulations, companies or other organizations that employ a foreigner need to register social insurance for the foreigner employees. Usually, the social insurance includes: retirement insurance, work injuries insurance, medical insurance, unemployment insurance, and maternity insurance.If the foreigners pay the social insurance continuously for more than 15 years, and retires in China, he/she has the right to enjoy the treatment of retirement in China. When a foreigner worker leaves China, they’re allowed to take out his/her personal contribution of the social insurance.
Question 4: How to terminate the employment contract when you want to quit from your job?
Answer: As per the labor laws of China, the employee has the right to quit in the followong circumstances :
- mutual negotiation and consent;
- the employee to give the employer a notification of resignation 30 days ahead of time, or 3 days ahead of time if it’s during the probation.
- the employee could cancel the contract in the following circumstances:
- Absence of working protection and working conditions,violating contractual provisions,
- No timely or sufficient payment,
- No social insurance,
- Employer’s regulations or disciplines break laws and undermine employees’ benefits.
- The contract is invalid because of breaking mandatory rules.
- Besides, if an employer, in ways of violence, threatens or illegal detention, forces an employee to work, or to endanger an employee’s safety, the employee is allowed to leave without prior notification.
Question 5: Is there a serverance pay for termination of contract?
Answer: when the employment expires, the employer should pay a compensation to the employee based on the number of working years,except that the employer is willing to renew the contract in the same conditions whereas the employee refuse to renew it.As per the interpretation by Tianjin higher court, the employer is responsible to renew the contract when it expires; If the employee continue to work without renewal of contract, the employer may be responsible to compensate as per the laws.
Question 6: what would be the legal remedy in case that an employment dispute fails to be dissolved by negotiation?
Answer: An employee has the right to apply for an employment arbitration when a dispute rises, and, furthermore, the employee may appeal to a jurisditional law court if he thinks the decision of arbitration is unjustifiable. Meanwhile, the employee or employer has the right to trust a Chinese lawyer to represent him in a legal process.