Shanghai Expat Labor Lawyer
Do you need a labor Lawyer that speaks english in ShanghaI?
Many people believe that China doesn’t care about labor laws or labor rights. However, this is not the case. The situation is complicated by the long list of provincial laws and other supplementary regulations.
Shanghai expat labor lawyer
Shanghai China’s labor contracts are an integral part of the recruitment process. China’s Labor Contract law is the basis of the labor relationship between an employee and employer in China. It covers a wide range of topics and seeks to protect employees. It is now illegal for companies to hire full- or part-time employees (local or international) without a valid labor contract.
We have been asked many questions over the years as we handled labor disputes cases for foreign clients. We have listed below the top ten questions we are frequently asked and provided a short answer. Chinese law permits foreign workers and employers to enter into agreements that differ from the ones stipulated in law. The following content will only be applicable in cases where there has not been a special agreement between the parties.
Questions about labor contract to my Shanghai Lawyer
1. Do I need to sign a labor agreement? What happens if there’s no labor contract?
A labor contract should be signed in writing.
The results of a labor relationship that has not been signed will be different depending on the party refusing to sign it.
The employer should immediately terminate any labor relationship if the employee refuses to sign the labor contract.
The employer must sign the labor contract if the employee is not available. In this case, the employer will pay twice the employee’s labor remuneration starting in the second month. It shall also be considered that the parties have entered into an unsigned labor contract with no termination date or fixed term. This applies to the first year of the labor relationship.
2. What are some of the most common methods that I can use in resolving a labor dispute?
We recommend that employees negotiate with their employers. This is to not only solve the problem but also to gather more evidence such as video and audio recordings of the negotiation process. You can also hire lawyers to help you in these negotiations. This includes providing legal advice to employees and sending a letter to employers.
An alternative low-cost way to report illegal employer behavior is to contact the Labor Inspection Board. This is only possible if the employer’s illegal conduct cannot be denied. The Labor Inspection Commission is a government agency that will investigate and could impose penalties.
Labor arbitration is required if labor disputes are not resolved by negotiation or reporting. China’s labor law requires that parties to labor disputes first receive labor arbitration awards before they can file a case in court.
3. What circumstances should an employer consider when compensating the worker for ending a labor contract? What circumstances should damages be paid for a termination of a labor contract?
If the terms of the labor contract expire and the employer doesn’t offer better terms than the original labor remuneration or the employee voluntarily leaves the company, the employer must pay the employee labor compensation.
If the employer terminates an employee unilaterally and without a legitimate reason such as fault of the employer or expiration of the contract term, the termination will be considered illegal and the employee shall receive double the labor compensation as damages.
4. How do you calculate damages and compensation?
According to law, the method for calculating labor compensation is the average monthly remuneration of an employee in the 12 months prior to the termination of the labor agreement.
It is important to note that the fraction of actual working years less than half a calendar year is 0.5 years and half a calendar year is 1 year. Three years and seven months should equal four years. Divide the total remuneration, which includes wages and benefits, by twelve to get the average monthly remuneration. The average monthly remuneration that the employee received from their employer during the 12 months prior to the employee leaving the job.
The amount of damages is double the amount of labor compensation.
5. What rights do I have if my labor contract is terminated illegally?
Normal circumstances allow you to request the restoration labor relations if (1) the employer is still there and (2) your prior position or similar position with the employer are still valid.
You can also ask your employer for damages, which is twice the amount of labor compensation, in lieu of asking for the restoration of labor relations. You can also sue your employer for wages, benefits and allowances not paid in full.
I’m licensed to practice law. One of the first reactions expats might have when they need legal help, is to see if a foreign lawyer can be of help. They can, but to a limited extent, because to be a practicing lawyer who can go to court, you need to have a special certification in China that only Chinese lawyers can get.
P. Perfect Chinese: When you are in a legal bind, the last thing you want are problems arising from a language barrier. Think about it, if you need help with a criminal case, or with an really important corporate law issue, do you want language to cause misunderstanding or mistakes. You won’t have that problem with me.
Years in Business
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