By continuing you agree to eChinacities's Privacy Policy .
Sign up with Google
Sign up with Facebook
Q: asking for compensation after long term working
is the chinese labor law verfiy compensation for foreigner after long tem working as teacher
i have working for nine years a college teacher my last year the college tald me they well not renew the contract
( for personal reasons ) so i leave without asking any compensation
, do i have the right to ask for compensation after nine years working time
49 weeks 3 days ago in Visa & Legalities - China
Yer English syntax doesn't sound like an ET's syntax ... 
I don't think, so ...
( If ) ... You were employed as a contractual worker with predetermined monthly salary and benefits, which all expire at the end of the contract.
I'd say, your best bet is to contact Chinese lawyer for more ...
This one comes to mind:
Everbright Law Firm
https://www.everbrightlaw.com/EN/10815.aspx
You can send a message to any lawyer listed on the R side of the screen with Q .. in English.
Dragon2022:
Generally, employers will keep rolling the contract over unless there is a problem (in my experience,12 years plus working in China) and If they had offered a new contract and you turned it down would they expect compensation?
icnif77:
As I understand Contractual law, once contract expires, that's it! ... and it doesn't matter how many times it was renewed, unless there is a stipulation in the contract as "... 'certain' compensation is due after so many years of working at the same employer ...".
I'd say, if such stipulation doesn't exist, party A (employee) isn't entitled for anything after the last contract ended.
Same as, if party A refused the new contract for this or that reason.
In my years of working in China (always with the different employer!), I have never seen such a benefit stipulation written in the contract.
Contracts are quite simple in the law terms. You are entitled to whatever is written in it and not a bit more ... or less.
Your last sentence " ... If they had offered a new contract and you turned it down would they expect compensation?"
You mean, employer would expect compensation?
Yes, certainly, but that must be written in the contract as " ... if party A won't renew the contract, party B (employer) is entitled for a (certain) compensation ...", something in those lines.
Yer English syntax doesn't sound like an ET's syntax ...
I don't think, so ...
( If ) ... You were employed as a contractual worker with predetermined monthly salary and benefits, which all expire at the end of the contract.
I'd say, your best bet is to contact Chinese lawyer for more ...
This one comes to mind:
Everbright Law Firm
https://www.everbrightlaw.com/EN/10815.aspx
You can send a message to any lawyer listed on the R side of the screen with Q .. in English.
Dragon2022:
Generally, employers will keep rolling the contract over unless there is a problem (in my experience,12 years plus working in China) and If they had offered a new contract and you turned it down would they expect compensation?
icnif77:
As I understand Contractual law, once contract expires, that's it! ... and it doesn't matter how many times it was renewed, unless there is a stipulation in the contract as "... 'certain' compensation is due after so many years of working at the same employer ...".
I'd say, if such stipulation doesn't exist, party A (employee) isn't entitled for anything after the last contract ended.
Same as, if party A refused the new contract for this or that reason.
In my years of working in China (always with the different employer!), I have never seen such a benefit stipulation written in the contract.
Contracts are quite simple in the law terms. You are entitled to whatever is written in it and not a bit more ... or less.
Your last sentence " ... If they had offered a new contract and you turned it down would they expect compensation?"
You mean, employer would expect compensation?
Yes, certainly, but that must be written in the contract as " ... if party A won't renew the contract, party B (employer) is entitled for a (certain) compensation ...", something in those lines.
In theory, if a school refuses to renew a contract for a long term worker and does not offer a valid reason, then that person is technically entitled to one month's salary for every year that they worked for the school.
In practice, however, good luck unless you have access to a good lawyer.
source: a good friend of mine is a Chinese lawyer who does contract disputes and such.
