Legal Issues as an Expat Teacher in China: Your Top Ten FAQs Answered

Greetings, expat educators in China or thinking about moving to China! Working in this vibrant country can be incredibly fulfilling, but it's not without its share of complexities, especially when it comes to understanding Chinese labor laws and regulations. To make your journey smoother, Zensult Recruitment & Consulting is here to address the top ten frequently asked questions that often concern expat teachers. Let's dive right in:

1. Can an employer terminate an employee's contract for being late to work?

A: Great question! In China, employers can indeed terminate a labor contract under specific conditions, as outlined in Article 39 of the "Labor Contract Law." These conditions include probationary period issues, serious violations of employer rules, negligence leading to significant harm, having concurrent jobs that affect performance, or engaging in criminal activities. If termination happens without valid reasons, it's considered illegal, and the employer may need to provide severance pay.

2. What are the regulations regarding severance payment?

A: When it comes to severance pay, the rules are straightforward. Chinese labor law requires employers to provide either a 30-day notice or one month's salary in lieu of notice when terminating a labor contract. In cases of illegal termination by the employer, they must pay two months' salary for each year worked. However, if your monthly salary exceeds three times the local average salary, you might receive only three times the local average instead of your actual salary.

3. How can employees request severance payment if they are illegally terminated?

A: You have options! If you believe you were illegally terminated, start by negotiating with your employer. If that doesn't work, file a complaint with the local labor bureau or labor supervision authority. Often, this resolves issues quickly. If not, consider labor arbitration—the initial step for resolving labor disputes legally. If either party is dissatisfied with the arbitration result, a lawsuit is an option, with the second-instance court usually serving as the final instance.

4. Can foreigners win labor dispute cases in China?

A: Absolutely! Labor laws in China protect all employees, including expats working here legally. Language barriers can be challenging, but the court fee for labor disputes is typically just 10 RMB. With the right assistance, winning a case is entirely possible.

5. Can employees terminate their employment contract without penalty?

A: Yes, you can! Under Article 37 of the "Labor Contract Law of the PRC," employees can legally terminate their contract by giving a 30-day written notice without penalties. During the probation period, you can do so with a three-day notice. Generally, employers can't ask you to pay penalties unless explicitly stated in the contract, such as for breaching a non-compete agreement.

6. Can an employer refuse to provide a release letter when an employee resigns?

A: No, they cannot. Article 50 of the "Labor Contract Law of the PRC" mandates that employers must issue a certification for the discharge or termination of the employment contract within 15 days. Failure to provide this certification may result in penalties for the employer. They must also assist in canceling work permits, allowing you to apply for new ones promptly.

?7. Can foreign employees participate in the social security plan in China?

A: Absolutely! As long as you're working legally in China, you're required to participate in the social security plan. Both employers and employees must contribute, as per Article 72 of the "Labor Law of the PRC." Employers should register foreign employees for social insurance within 30 days of employment.

8. Can an employer hold an employee's passport or work permit?

A: No, it's against the law for an employer to hold your passport or work permit. Article 9 of the "Labor Contract Law of the PRC" expressly prohibits employers from detaining your identity cards or certificates under any pretext.

9. How can employees ensure proper payment of individual income tax?

A: Rest assured, employers are responsible for withholding and deducting individual income tax according to relevant tax laws. You can check your tax records at the local tax bureau by presenting your original passport. Visiting the tax bureau in your employer's district allows you to obtain printed records of your tax payments.

?10. What can employees do if their employment contract provisions are not in line with labor laws?

A: Always read your employment contract carefully! If you find provisions that are illegal or not in line with labor laws, remember that they're not valid or binding, as per Chinese labor law. Make sure to understand and comply with applicable labor laws before signing.

For more personalized assistance with employment and recruitment services in China, please don't hesitate to reach out to :

Zensult Business Consulting - China

?Address: 2203, Shali Building, Xingqiao Street, Baoan, Shajing,

Shenzhen, Guangdong, China

Phone/Whatsapp/Wechat: (China +86) 15524759253

Email: [email protected]

Website: www.zensult.net

In conclusion, as you continue your journey as an expat teacher in China, understanding your rights and responsibilities is key to a smooth and legally sound experience. While these FAQs provide a general overview, we encourage you to consult with a legal professional or labor expert for the most accurate and up-to-date information on labor laws and regulations in China. By doing so, you'll navigate the complexities of the Chinese labor system with confidence and peace of mind. Happy teaching!

From:

Anton Norris - Co Founder & Marketing Director

Steven van Staden - Co Founder & Recruitment Manager