social insurance Archives - Bridge IP Law Commentary

Solutions to Labor Dispute on the Employment of Foreigners in China

Posted on October 23, 2012 by yytbest

A subscriber of our website raised a question to us: what to do when countered a labor dispute for foreigners in China, who shall also be protected by local laws? To this question, you may find your answer in today’s post.

I. Are Chinese laws and regulations applying to labor disputes of foreigners?

The main existing laws regulating the employment of foreigners in China is RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA (Rules) issued by police, labor and other two departments. According to Article 26 of the Rules:

How to Respond Employees’ Compensation Claim for Office Relocation in China？

Posted on October 19, 2012 by yytbest

By You Yunting

A subscriber of our website asked that what the company shall reply when the employee hand in his/her resignation for the inconvenience occurred from relocation of the office and as for the employee’s claim of compensation.

We reply as follows: Obviously, it could come to the employee’s consideration that the relocation of the office is the statutory situation of “A major change in the objective circumstances relied upon at the time of conclusion of the employment contract renders it unperformable”, and it is also resulted by the employer, and for this reason, they would claim an extra one month salary and compensation.

The Latest Development and Analysis on the Social Security Program Covering Foreign Workers in China

Posted on November 4, 2011 by You Yunting

Highlight: The new Measures concerning foreigners’ participation in the local social insurance in China has come into effect recently. In this essay, we would like to introduce you the detailed regulations of the new document.

As provided in the Article 97 of the Social Insurance Law, P.R.C, which has come into effect from 2011.7.1, all foreign workers with a valid work permit could be covered by the social security program. However, according to the reply from the hotline of the Shanghai Municipal Human Resources and Social Security Bureau, the participation in the program is on worker’s own choice as agreed in their labor contracts instead of being mandatory.