THESE are Essentials,All You Need to Know When Working in China!

With the visa policy eases and the borders open up, more and more foreigners are coming to China to live and work.

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But what are the Essential things you need to know when you’re working in China ?

Here we will go over some typical cases of labor disputes among foreigners.

Most importantly, according to the Regulations on the Administration of Employment of Foreigners in China, disputes between foreigners and employers can be resolved through labor laws and labor dispute mediation and arbitration laws.  

However, except for provisions on ensuring that foreign workers in China are paid no less than the local minimum wage standard, and that working hours, rest and vacation, labor safety and health, and social insurance are implemented in accordance with relevant national regulations, other labor rights and obligations have not been specified. 

This has led to practical difficulties such as foreign workers lacking employment permits or other documents, resulting in unclear labor relations with employers, or even falling into the category of "Abnormal Labor." 

There are also questions about whether other labor rights and obligations  can be subject to the provisions of labor contract laws and regulations.

What things are required from the Employers ?

Employers are required to provide foreign workers with a written employment contract that specifies their job responsibilities, salary, working hours, and other terms and conditions.

However, some employers may not fully comply with these requirements, which can lead to disputes between foreign workers and their employers.

In addition, foreign workers may face challenges in obtaining social insurance benefits, as the system is complex and varies by region.

How to solve these ?

Some employers may also fail to provide adequate protection for foreign workers' labor rights, leading to issues such as unpaid wages, excessive working hours, and unsafe working conditions.

To address these challenges, foreign workers should ensure that they have obtained the necessary permits and documentation,

and that they are aware of their rights and protections under labor laws.

Employers, meanwhile, should take steps to comply with all relevant regulations and provide a safe and fair working environment for their foreign employees. By working together, both parties can help to ensure that the employment of foreigners in China is conducted in a legal and ethical manner.

Do foreign employees need to obtain a resignation certificate when leaving a Chinese company? 

When foreign employees leave a Chinese company, the company is required to provide them with a certificate of termination. "In the process of canceling the Foreigner's Work Permit, canceling the Residence Permit, and applying for a new work visa, the certificate of termination is a necessary document to be provided."

What should foreign employees do if the company 

does not cooperate with ?

-- There’re several choices

If a company fails to issue a certificate of termination, foreign employees can

file a complaint with the labor administrative department (labor inspection);

or apply for arbitration with the labor arbitration department based on their passport, work permit.

By working together, employers and foreign employees can ensure that the employment of foreigners in China is conducted in a fair and lawful manner.

For more visa issues or updated policies, plz contact us ! 

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