Comments on: Guide to Employment Law in China – 2008 (Part I) http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/ China Business Success Stories on Chinese Business and Commerce Tue, 20 Apr 2010 06:30:18 +0000 http://wordpress.org/?v=abc hourly 1 By: Tania http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60990 Tania Wed, 29 Apr 2009 08:06:53 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60990 Hi Gregory, Your site is wonderful and too helpful.Can you please tell me if a employees resigns and is in his/her notice period,is that employee still entitled for Annual Holiday? Company have to approve the leave application under that situation? Regards Tania Hi Gregory,

Your site is wonderful and too helpful.Can you please tell me if a employees resigns and is in his/her notice period,is that employee still entitled for Annual Holiday? Company have to approve the leave application under that situation?

Regards
Tania

]]> By: Brenda http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60463 Brenda Wed, 04 Mar 2009 04:56:02 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60463 Is it true that non-Shenzhen ID holder is not entitled to unemployment assistance, despite that the company has paid for the social insurance? Is it true that non-Shenzhen ID holder is not entitled to unemployment assistance, despite that the company has paid for the social insurance?

]]> By: GABRIEL http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60108 GABRIEL Tue, 13 Jan 2009 15:54:32 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60108 Hi there, Can anyone please give the the correct contact address for the Shanghai Labour Department? Address in English and Chinese please? Even a map direction will also be of great help. What is the correct procedures for filing a Labour Dispute against a company? What will the costs be for doing this application? Any suggestions? Regards Hi there,

Can anyone please give the the correct contact address for the Shanghai Labour Department?

Address in English and Chinese please? Even a map direction will also be of great help.

What is the correct procedures for filing a Labour Dispute against a company? What will the costs be for doing this application?

Any suggestions?

Regards

]]> By: David http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60094 David Mon, 12 Jan 2009 07:08:01 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60094 4000 RMB is the threshold for individual income tax above which you should pay income tax. To avoid unnecessary attention your income should appear realistic..... 4000 RMB is the threshold for individual income tax above which you should pay income tax. To avoid unnecessary attention your income should appear realistic…..

]]> By: Tek http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60083 Tek Fri, 09 Jan 2009 18:10:43 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60083 Hi, Thanks for putting together this website. I wanted to know if the Chinese employer has to pay a minimum salary per month in order to employ a foreigner. For the past 3 years my employer has signed a contract with me for a base salary of 1500 RMB per month, plus commissions. for some reason the labor department accepted this 1500 RMB per month. But now recently the tax board called my employer and said why you hired a foreigner for so little money. 4000 RMB should be the minimum payment if hiring a foreigner? Do you know if this is true? Also does the employer have to pay the salary each month by direct deposit for the tax bureau to verify that I am paid? My boss just pay cash and have me sign a receipt. For me and the employer our agreement works fine, but the tax bureau doesn't. any help, would be greatly appreciated. Hi, Thanks for putting together this website. I wanted to know if the Chinese employer has to pay a minimum salary per month in order to employ a foreigner. For the past 3 years my employer has signed a contract with me for a base salary of 1500 RMB per month, plus commissions. for some reason the labor department accepted this 1500 RMB per month. But now recently the tax board called my employer and said why you hired a foreigner for so little money. 4000 RMB should be the minimum payment if hiring a foreigner? Do you know if this is true? Also does the employer have to pay the salary each month by direct deposit for the tax bureau to verify that I am paid? My boss just pay cash and have me sign a receipt. For me and the employer our agreement works fine, but the tax bureau doesn’t.

any help, would be greatly appreciated.

]]> By: david lodge http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60060 david lodge Tue, 06 Jan 2009 14:29:22 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60060 hi gabriel...send me an email to david@foreverbright.cn and i will send you my standard contract (in chinese and english) for my foreign employees. sounds like you are being stiffed...if u want to tall to me please call me i'll offer whatever help i can...i hate to hear of foreigners cheating foreigners here in china hi gabriel…send me an email to david@foreverbright.cn and i will send you my standard contract (in chinese and english) for my foreign employees. sounds like you are being stiffed…if u want to tall to me please call me i’ll offer whatever help i can…i hate to hear of foreigners cheating foreigners here in china

]]> By: david lodge http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60059 david lodge Tue, 06 Jan 2009 14:24:22 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60059 to david (i'm the david that posted 31 december...yes no automatic open ended contract for lao wei according to my lawyer in sz to david (i’m the david that posted 31 december…yes no automatic open ended contract for lao wei according to my lawyer in sz

]]> By: GABRIEL http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60046 GABRIEL Mon, 05 Jan 2009 06:45:06 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60046 David, Thanks for the response regarding my problems. I think mine is a little bit too complicated to write here. So I will stick to the very important stuff. The Chinese contract you are referring to might have been used for the Visa purposes as you said. But I have NEVER HAD ANY OTHER CONTRACT THAN THIS CHINESE VERSION. This is the whole point why I am so upset about. When I signed this Chinese contract I was a little bit scared to do so because it was all in Chinese. I then asked her what this is for. She informed me that I do not have to worry about it at all and that I can sign it because this is just a formality for getting the visa done.I was quite scared to sign, but she said that I do not have to worry about it and that they will fix my English contract very soon. On numerous occasions I have enquired about my English contract from her and she said that I do not have to worry about it at all. They will fix it very soon. I do not know what my exact duties is with regards to this Chinese contract because I cannot read the Chinese writing. They have never explained to me either what this Chinese writing in the contract is all about. That is why I asked for my English contract so that I can see what is expected of me during the period that I am employed there. In this English contract it also should have stated my duties, my working hours, rest days, holidays, salary, sick leave, overtime pay, etc... UNTIL TODAY I HAVE NOT SEEN ANYTHING IN ENGLISH WITH REGARDS TO MY EMPLOYMENT CONTRACT WITH THIS COMPANY. So, to sum it up very simply, I DO NOT HAVE ANY ENGLISH CONTRACT FOR THAT MATTER. Regarding the foreign involvement I can tell you that they are related to each other. A Foreigner married to a Chinese woman. That kind of involvement. So there is absolutely no chance for me to get help there either. It is sad though that this foreigner is coming from the same country as me. I thought that he would have treated me better. But I was wrong big time. I feel that I am being treated very unfairly here and that I need some protection from the Laws of the People's Republic of China. I am legally here and therefor I should obey all rules and regulations at all times. Can you post a sample Employment contract that you have with your foreign employees? Would like to see what is written in there. I will take this labour related matter further to the local disputes arbitration committee in Shanghai then. Regards David,

Thanks for the response regarding my problems. I think mine is a little bit too complicated to write here. So I will stick to the very important stuff.

The Chinese contract you are referring to might have been used for the Visa purposes as you said. But I have NEVER HAD ANY OTHER CONTRACT THAN THIS CHINESE VERSION. This is the whole point why I am so upset about. When I signed this Chinese contract I was a little bit scared to do so because it was all in Chinese. I then asked her what this is for. She informed me that I do not have to worry about it at all and that I can sign it because this is just a formality for getting the visa done.I was quite scared to sign, but she said that I do not have to worry about it and that they will fix my English contract very soon. On numerous occasions I have enquired about my English contract from her and she said that I do not have to worry about it at all. They will fix it very soon. I do not know what my exact duties is with regards to this Chinese contract because I cannot read the Chinese writing. They have never explained to me either what this Chinese writing in the contract is all about. That is why I asked for my English contract so that I can see what is expected of me during the period that I am employed there. In this English contract it also should have stated my duties, my working hours, rest days, holidays, salary, sick leave, overtime pay, etc… UNTIL TODAY I HAVE NOT SEEN ANYTHING IN ENGLISH WITH REGARDS TO MY EMPLOYMENT CONTRACT WITH THIS COMPANY. So, to sum it up very simply, I DO NOT HAVE ANY ENGLISH CONTRACT FOR THAT MATTER.

Regarding the foreign involvement I can tell you that they are related to each other. A Foreigner married to a Chinese woman. That kind of involvement. So there is absolutely no chance for me to get help there either. It is sad though that this foreigner is coming from the same country as me. I thought that he would have treated me better. But I was wrong big time.

I feel that I am being treated very unfairly here and that I need some protection from the Laws of the People’s Republic of China. I am legally here and therefor I should obey all rules and regulations at all times.

Can you post a sample Employment contract that you have with your foreign employees? Would like to see what is written in there.

I will take this labour related matter further to the local disputes arbitration committee in Shanghai then.

Regards

]]> By: David http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60040 David Sun, 04 Jan 2009 01:09:21 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60040 Regarding the post above from david. I would just like to clarify my understanding. Does this mean that the Labour Law is of no protection for a foreigner and the conditions of contract terms do not apply? (ie max of 2 fixed term contracts then Open Ended contract?) Regarding the post above from david. I would just like to clarify my understanding. Does this mean that the Labour Law is of no protection for a foreigner and the conditions of contract terms do not apply? (ie max of 2 fixed term contracts then Open Ended contract?)

]]> By: david http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/comment-page-1/#comment-60028 david Wed, 31 Dec 2008 22:30:47 +0000 http://www.chinasuccessstories.com/2008/04/16/chinese-labour-law/#comment-60028 Gabriel, employment contracts for foreigners are different to those for locals and are only required to be submitted to the local government bureau in chinese...if you were worried when you signed it then you would have been best to get a friend to translate it for you...but thats water under the bridge now. frankly their only purpose is to allow the lao wei to get a visa. your contract should have a validity period...and if they are not renewing your contract then i suspect that you are out of luck, if they are terminating your contract before its expiry then you may have a case for compensation but it isnt going to be much. once the employer ends their contract with you then they are required to advise the local psb and you would be asked to return the alien work permit ...but it sounds like they never gave that to you in the first place which is very strange. your visa and your work permit are not related, you can stay here till that expires. if the foreign "involvement" (not sure what that means...invested?) part are western (EU USA) then get them to help...if they are asian forget it. regarding your earlier thread about weekends then i'm afraid a foregners labour contract does not stipulate the working hours or days or overtime payments. my view is that foreigners are her to do a job and if that means working weekends then thats what we do..we dont get paid by the hour for being here in china, if we want to get paid by the hour we can go back home. i write this as a foreign (EU) factory owner here in china with other foreigners (and of course chinese) working for me so this is practical advice...it may not be what the labour law says but it's what happens down on the street. if you are or want to be in southern china then i have a vacancy for a foerigner in my factory at the moment..contact me david@foreverbright.cn. and i promise i would not shaft you on your contract! Gabriel, employment contracts for foreigners are different to those for locals and are only required to be submitted to the local government bureau in chinese…if you were worried when you signed it then you would have been best to get a friend to translate it for you…but thats water under the bridge now. frankly their only purpose is to allow the lao wei to get a visa. your contract should have a validity period…and if they are not renewing your contract then i suspect that you are out of luck, if they are terminating your contract before its expiry then you may have a case for compensation but it isnt going to be much. once the employer ends their contract with you then they are required to advise the local psb and you would be asked to return the alien work permit …but it sounds like they never gave that to you in the first place which is very strange.
your visa and your work permit are not related, you can stay here till that expires. if the foreign “involvement” (not sure what that means…invested?) part are western (EU USA) then get them to help…if they are asian forget it. regarding your earlier thread about weekends then i’m afraid a foregners labour contract does not stipulate the working hours or days or overtime payments. my view is that foreigners are her to do a job and if that means working weekends then thats what we do..we dont get paid by the hour for being here in china, if we want to get paid by the hour we can go back home. i write this as a foreign (EU) factory owner here in china with other foreigners (and of course chinese) working for me so this is practical advice…it may not be what the labour law says but it’s what happens down on the street. if you are or want to be in southern china then i have a vacancy for a foerigner in my factory at the moment..contact me david@foreverbright.cn. and i promise i would not shaft you on your contract!

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