Job Discussion Forums

[jmoxley]

It's my understanding of the Chinese labor laws that a company may be required to pay "economic compensation" to an employee who was either fired w/o just cause or resigned due to the company's breach of contract.

And I'm pretty sure that legally-employed foreign employees are entitled to this same protection.

Now I know that actually getting this money is no cakewalk, and often near to impossible, but I still want to understand the terms as they might aid in conciliatory negotiations.

My Chinese is so poor that I can't access the laws myself, but it would be so helpful if someone here could share the particulars about economic compensation in English (i.e. *** how it's calculated ***, how eligibility is determined, what government office to talk to about getting it, what documents are needed, the process, etc...).

[buravirgil]

[jmoxley]

Is my subject too well-composed, is my honest personal narrative too well-written? I'm the one feeling patronized

I think you've misunderstood me. I apologize for my (unknowing) part in that. But please don't write off my request! I really do need some information about how the law works. I'm an American FT working in Jiangsu Province and the FEB suggested legal arbitration if direct negotiation doesn't work. I want to be prepared.

Is this not the correct forum to pose these questions?

[toteach]

I read about a good lawyer in Suzhou in this magazine: http://www.kunshanexpat.com/archive/1809-kc31
Good luck!

Edited to link your other post... http://forums.eslcafe.com/job/viewtopic.php?t=109702

[jmoxley]

Thanks for the article! Suzhou isn't far.

[Unchained English]

Why would you ask a judge to force an abusive spouse to continue a relationship with you?

If things don't work out, you don't want them, they don't want you, what is so wrong with finding a new school?

Wrongly fired? We are talking English teaching.

If you want a "Days of our Lives" relationship with your owner, then you should find out what you did wrong (according to their books).

Wanting Chinese laws to fight this? Really? What is the masochistic obsession here? You want to be Japanese and invade China?

Forget it. If you need to leave a job, leave the job. Find a new one. It's the Mister Rodger's in the neighborhood simple thing to do.

[asiannationmc]

[Poker Face]

[jmoxley]

In case anyone else on the forum's actually interested, here's the best English-language resource I found for investigating China's labor laws.

http://www.lehmanlaw.com/resource-centre/laws-and-regulations/labor.html

[litterascriptor]

[Banner41]