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Hatcher
Joined: 20 Mar 2008
Posts: 602
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 Posted: Thu Jun 01, 2017 5:47 am Post subject: Another labor code question |
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Is the employer allowed to withhold any part of your salary? In Korea, I know the employer is not allowed to hold back any part, even small amounts, of your salary.
Is it the same in China? |
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jimpellow
Joined: 12 Oct 2007
Posts: 913
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| Posted: Fri Jun 02, 2017 1:26 am Post subject: |
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"The 19th Session of the 11th National People’s Congress last week revised the criminal code to provide that it is a crime for a company to intentionally withhold the wages of employees. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years."
As teachers with proper papers are now protected to the same extent as Chinese workers(in theory), it would seem this is a no-no. |
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theoriginalprankster
Joined: 19 Mar 2012
Posts: 895
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| Posted: Fri Jun 02, 2017 8:48 am Post subject: |
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| jimpellow wrote: |
| "The 19th Session of the 11th National People’s Congress last week revised the criminal code to provide that it is a crime for a company to intentionally withhold the wages of employees. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years." |
My company is withholding money from me - they're breaking the law, correct?
I'm going to their HR lady on Monday to let her know she/the company is in the wrong.
Please confirm this new law. |
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nimadecaomei
Joined: 22 Sep 2016
Posts: 605
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| Posted: Fri Jun 02, 2017 9:43 am Post subject: |
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It really depends on the situation. I was withheld pay in the US for two months after I left. They sorted it out eventually, could have gone to court I guess, but I got my money. (Left the job and was verbally told I would not get the months pay, corporate HR begged to differ).
The law is the law, but I doubt going that route is needed in the case of a hand full of cash. You could probably bring them up after a filing and make them pay, but you will probably lose more. After your lawyer's fees, filing fees, travel expenses, potential lost work...Not familiar with Chinese code, and do not know if you would be repaid for that if the case is favorable to you (or if you would have to pay in a case unfavorable).
I had a big breach and let down this year, not going to push it though. I should as a labor worker get a severance for each year worked, right? That would only cause a stink and I will just move on. Sadly, no good offers yet (nine years, well certified, and all I get is blanket emails. Even got a dear sir/madam). Maybe that severance pay would be good, might try it for fun, but I am not expecting it. |
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jimpellow
Joined: 12 Oct 2007
Posts: 913
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| Posted: Fri Jun 02, 2017 3:12 pm Post subject: |
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| theoriginalprankster wrote: |
| jimpellow wrote: |
| "The 19th Session of the 11th National People’s Congress last week revised the criminal code to provide that it is a crime for a company to intentionally withhold the wages of employees. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up to seven years." |
My company is withholding money from me - they're breaking the law, correct?
I'm going to their HR lady on Monday to let her know she/the company is in the wrong.
Please confirm this new law. |
Well, I cannot confirm it in the sense that I am a part-time online ESL teacher - business owner living in blissful Colombia, not a legal expert absorbing a massive daily amount of pollutants in some Chinese urban hellhole. 
I can google well, and have almost always found that the best sources are the Western lawyers and law firms who specialize in China. They are the experts - but even they are cautious about giving advice due to the localization of many laws, the fact that a large amount of the law is never is seen outside of government offices of Beijing, the constant changes etc.
I found the information about withholding on chinalawblog.com. You can find the post there, and likely others with a little googling.
I do know that it is true that the ESL teacher is legally now afforded the same labor protections as Chinese are. The protections are actually not bad.
The comment about the severance pay in the response was funny. A different blog post on that site talks about the severance pay benefit. First time I had heard of it, but that seems true too.
I highly doubt that most ESL schools in China are aware of the reality that ESL teachers now have actual rights beyond what is stated in the cookie cutter contract.
I personally don't think that it would have to come to retaining a lawyer. I think a print-out of the law, along with an honest threat to report them, will get one what he wants more times than not.
Mainland Chinese are a seemingly fierce lot. But the vast majority have little fortitude. Be in the right and keep pushing them and I found they almost always backed down. Of course, a lot of this does depend on how much fortitude the teacher carried himself with the school previous to the contract dispute. Spineless jellyfish are not likely to suddenly receive respect. |
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theoriginalprankster
Joined: 19 Mar 2012
Posts: 895
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| Posted: Fri Jun 02, 2017 9:43 pm Post subject: |
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| Quote: |
| a print-out of the law |
Please direct me to that. Thank you. |
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jimpellow
Joined: 12 Oct 2007
Posts: 913
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| Posted: Sat Jun 03, 2017 7:22 pm Post subject: |
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| theoriginalprankster wrote: |
| Quote: |
| a print-out of the law |
Please direct me to that. Thank you. |
I don't have the ability in Mandarin to do such. I think you would need to ask a Chinese ally. I rather doubt that China publishes its criminal laws in English. It would sort of be funny if they did, considering the low quality of similar endeavors.
I can't find any official English print-out of it. Most is related to legal articles and gripes about Rebecca Tang. |
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OhBudPowellWhereArtThou
Joined: 02 Jun 2015
Posts: 1168
Location: Since 2003
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| Posted: Sat Jun 03, 2017 8:33 pm Post subject: |
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| jimpellow wrote: |
I can google well, and have almost always found that the best sources are the Western lawyers and law firms who specialize in China.
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Citation and contacts, please. |
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jimpellow
Joined: 12 Oct 2007
Posts: 913
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| Posted: Sat Jun 03, 2017 11:52 pm Post subject: |
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| OhBudPowellWhereArtThou wrote: |
| jimpellow wrote: |
I can google well, and have almost always found that the best sources are the Western lawyers and law firms who specialize in China.
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Citation and contacts, please. |
The lawblog for the information was included in an above post. |
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