Hefei Expat - China
Living Here => Legal => Ask the Lawyer => Topic started by: Aussie Mike on August 30, 2014, 05:37:17 pm
-
One of the more important questions I guess would be
What avenues does a foreigner have when Chinese employers are creating problems such as continual late payments and not providing what is stated in contracts?
These issues have caused untold grief for many foreigners and leaves them with such negative impressions of China.
These operators reflect a poor image on those who are genuine.
-
when a employer fails to pay labor compensation in full and on time; the employee can do as follows:
1) the Employee may, in accordance with the law, apply to the local People’s Court for an order to pay; and the People’s Court shall issue such order in accordance with the law.
2)the employee can make a complaint to the labor administration authority,the authority shall order it to pay the labor compensation.
3)the Employee may terminate his employment contract .At the time ,the employee shall be paid severance pay.
-
Are there any mediating groups around?
Most foreigners prefer to resolve issues amicably.
I understand that the government discussed starting an advisory group to mediate between employers and foreigners.
They were to standardise processes, establish induction sessions for foreigners and employers and generally establish common knowledge on cultural difference and how to help each other.
I recall that they were also going to start recruiting teachers themselves to employ at the schools.
I assume that was government schools but may have included some private schools.
It's the sort of thing that really is needed for both local and foreign cultures.
I wonder if anything came of that.
-
There are different mediating groups in China,such as labor union, labor arbitration commission,people's mediating commission,even the bureau of human resource and social benefits and ect. But if you bring a suit to the court, the judge can also solve your issue through mediation.Of
course if you need any help about mediation,I can help you .
-
Will judges accept bribes? If so, is there a price list somewhere for the law?
-
Don't be cynical.
Foreigners should be open to using mediation and legal system to resolve employment disputes, whatever your level of employment.
The general perception is that such avenues are ineffective and biased against the employee. This is a very outdated perception, perhaps based on the system as it once was some time ago. The legal system for minor civil disputes is reliable. If you have the hard evidence that your employer is doing wrong, you're almost guaranteed a favorable outcome.
Employers who are exploitative rely on the fact that the foreigner is clueless, without support, and easy to intimidate. That's why it's very important that foreigners have easy access to local legal services in English. We should get behind this idea.
-
As far as I am concerned,the judge will never accept the bribes. The cost of court mainly depends on what kind of cases they are and how much amount of momey the dispute involved. In recent years the legitimate rights and interests of employee have been much improved. If your legal rights are violated in employment ,of course ,no matter where you from and whom you are , please feel free to file a lawsuit to court . It's no doubt that judge will give you a justice dicision.