Now days, many foreign employees are working in China and accordingly, employment disputes araise from time to time.
If you have labor dispute with your employer / employee, how to deal with it? Here are some tips from a local lawyer in China.
First, you need to hold a valid work permit in China. It is illegal to work in China under L visa or F visa etc. For thoese illegally working in China, they are not entitled to claim rights under Chinese labor laws.
Second, if there is a labor dispute, there are a few options for the employer to settle it down;
1. Negotiation: the two parties may negotiate in an attempt to reach an agreement; Remember seeking legal advice before negotiation.
2. If the emplyer violates the labor law, the employee may go the labor administrative authority to lodge a complaint and requires the authority to take administrative action;
3. Either party may file an arbitration case with the local labor arbitration commission. The arbitration process may takes a few months. If you do not satisfy wit hte arbitration award, you may make appeal to the court.
For more information, please contact
gaohexin@163.com