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How to settle down a employment / labor dispute in China

Time:2017-07-08 21:01:56Source:Click:

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