Job Discussion Forums

[kungfuman]

I've worked at the same school for 6 years. They didn't renew my contract for no stated reason.

I notified HR that according to Chinese Labor Law I am entitled to receive one month's salary for every year that I have worked there.

They gave me no response.

Finally they told me to talk to my immediate boss. He gave me several answers to: I am not covered by Chinese Labor Law, to the school will not pay me, to he doesn't know anything about Chinese Labor Law , to the school will give me something but not one month per year I have been there.

I consulted two labor lawyers in the city that I am in. Both said I am covered and will represent me.

Anyone ever receive compensation for their employer for this?

[Alien abductee]

I'd wager that a fair number of FTs aren't even aware of half the things in their own contract let alone know anything about Chinese labor law. It'll be interesting to see your followup here and find out what happens in the end. Good luck.

BTW, do you have a link to the Chinese labor law clause?

[The bear]

[kungfuman]

I hired a lawyer - who after reviewing all my docs etc verified that the Chinese labor law does indeed cover my situation

[kungfuman]

HR thinks I am bluffing and won't talk to me now. They think I am just bassing to them. BUT, I hired a lawyer who will sue them or take them to the labor board etc.

[The bear]

[kungfuman]

[LarssonCrew]

Did they pay up everything they owed?

This is something so endemic in China. People not doing what they're suppose to with regard foreigners. For instance, many people are on eggshells worried that they will not get their final payment, or that the final payment will be minus huge 'electricity' bills.

I guess say 3 months gratuity is better in your hand than a 'promised' 6 months.

[getbehindthemule]

Well done kungfuman!
Please post full details of events, if you get time, as I'm sure many of us could end up in a similar situation.

[OhBudPowellWhereArtThou]

When I read the OP's plight, I thought, "Good luck with that one". I am so glad that it turned out to his advantage. In the west, ignorance of the law is no excuse. In China, ignorance of most things regarding the welfare of the FT seems to be de rigeur. I seems to be fashionable to stiff the FT.

Though it has happened to me only once, most public universities give the FT such short notice of non-renewal that there's no time to fight back. If it were possible for more FTs to fight back, the abuses would become less common. The school that treated me the worst tangled with the wrong people after I left. The FTs raised such a stink after being stiffed for promised summer pay that the school could not hire FTs afterward.

Thanks, Kungfuman for standing up on your hind legs and barking. You've done everyone a favor.

[kungfuman]

It went like this.

I talked to the HR department and told them I was entitled to severance pay. The HR director pretty much ignored me. When I asked the clerk for an answer she told me to speak to the FAO. They never told him of my request so when I saw him in the hall one day and mentioned what I wanted he was blindsided.

He gave me these answers - 1- I was not entitled to severance pay because the Chinese Labor Law doesn't cover foreigners. 2- The school would give me something but not the full amount. 3- He then admitted he knew nothing about Chinese Labor Law.

I went back to the HR Director and told her if they didn't want to acknowledge my request I would hire a lawyer and file a suit. I mentioned that several times and whenever I mentioned lawsuit she flinched and looked down. At that point I knew they would settle.

A friend recommenced a labor lawyer. Met with her, she reviewed every year's contract. Finally she told me I met the conditions for Article 39.

She told me this - she could work out a settlement or we can take them to court. See said no problem in winning HOWEVER it would take time and money. I need to pay her more for court. I said settle is okay.

She did just that.

So far, everything is working out.

[RiverMystic]

Gotta say, Kungfuman, I am amazed at the outcome. I have family working in Chinese courts. The following equation typically applies.

Rule of law = guanxi x cash.

Maybe Xi's anti-corruption thing has got 'em scared.

[Markness]

Kungfuman,

I have been in one of those situations and the only thing I can recommend is going straight to the dragon's head and getting an answer. My go-to play is saying "well, I don't know what to do so I guess I'll call the cops". This WILL get them moving, they don't want the police coming to their business as it will make them lose face.

This tactic works very well against snakes that make up a majority of bosses that exist here. Btw, you could find a Chinese person to take you to the labor board in your city and apply for a case. You'll get through eventually but it will take a while.

Foreigners ARE protected by the labor law here, anyone who says otherwise is a lying snake or a village idiot (please call them that when they say something like that to you).

Lawyer route (the one you're taking) is the fastest but most expensive way. However, if you work it out and you're coming out on top and a snake gets an arrow to its small/slimy head then you're doing the world a favor and I highly recommend it.

If you are having problems and want some free advice you can ask me and I can ask my neighbor that is a lawyer that I met while walking my dog, ha ha. Small world this place is, but I am happy you are fighting those weasels as I often do and 99 percent of the people are too spineless to fight over their nonsense or are scared.

I often hear people say "pick your battles wisely", but that often doesn't work here. Anytime I have been overpaid I told my boss, and what do I get from it? Random deductions, he said she said nonsense. Don't respect those that will never respect you. A good chunk of the bosses here that run businesses would run their own parents over for 1 yuan.


Short version: If they don't pay then make sure you're in an area where there are students and tell the boss you're going to call the cops because you don't know what else to do. Cops forced to come, business loses face (they will avoid this at all costs or else they'll shut down for a little while) or they pay you immediately.

[theoriginalprankster]

I finished up with my Shanghai company last month on the 14th. Mutual cancellation of contract.

However the head office got wind of this beforehand, and didn't pay my May salary. I raised a stink and let them know that intentionally withholding my salary is criminally illegal, and can involve jail time.

They said their policy is to pay 2-3 months after the last working day for the last two working months. I told them that was absolute nonsense.

They acquiesced, and agreed to pay me end-June for May and June. Come end-June I got my June salary, but not my May salary. I upped the ante, and told them the money was mine and they were intentionally withholding it. Next step - Labour Bureau, PSB, police and lawyer. Got paid yesterday.

Slimebags were employing delay tactics in the hope I'd give up and/or leave China. Neither of which happened.

Now - onward to a new province and job (so happy to be out of SH - totally the wrong city for me). Doing a 10 day summer camp for 10k, then off to SEA for 3 weeks, before heading back to the beachside school.

I'd mention the company but I don't think it'll do much good. So many scuzzy companies/institutions/schools/training centres out there.

[OhBudPowellWhereArtThou]