CHINA EMPLOYMENT LAW

Protect and enforce your rights as an expat employee in China

Expat Legal represents clients in a wide range of employment-related matters and disputes, with the most common being unlawful termination, withholding of work release documentation, wage disputes (including excessive probationary periods), and withholding of bonuses and/or benefits.

 

Swift action is the bedrock of our practice. We take charge of your matter within a day or two of being contacted and begin work to resolve it by negotiation as quickly as possible (typically within a week). If necessary, we can represent you before a Chinese labor arbitration board or in Chinese court.

 

OUR APPROACH

Foreign citizens are often at a distinct disadvantage when dealing with their Chinese employer. When your legal status in China depends on your work permit, an employer can exert a tremendous amount of pressure over his expat employees. This is not only unfair, but absolutely unlawful.

Expat employment contracts often contain onerous clauses not found in domestic Chinese labor agreements. This is because employers often feel they are accepting a special burden to hire an expat - after all, doing so requires a lot of extra paperwork! But this is no excuse for mistreating your workforce.

So long as you are legally employed in China and your work permit is tied to your present employer, you are protected by the Labor Contract Law of the People's Republic of China.

 

Many, but certainly not all, employers know their expat employment contracts are in violation of Chinese law. For this reason, the majority of labor disputes can be solved by negotiation - employers know they will lose if the case goes to labor arbitration.

 

Our approach puts forceful negotiation front and center- we make the law clear and demand that the employer fulfill his legal obligations to our client. 

FLORA HUANG

Expat Group Leader, Partner

Flora and her team have a great deal of experience handling labor disputes over a wide variety of industries.

When contacting us be sure to include a detailed description of your situation and a scan of your labor contract. Each situation is unique.

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Have questions? Email Flora for quick, free answers at florahuang@kaimaolegal.com

Alternatively, you can call her directly on +86.181.2115.5305