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Q: I have a right to cancel my contract if my employer doesn't provide Social Insurance?
Yes you do. Many expats are too afraid to challenge their boss because of the fear of retaliation. But the truth is there are a lot of scams in China and one of the biggest scams is taking advantage of foreigners by their employer. If you are one of these expats, then two simple things...
1) Your boss does not have any right to keep any of your documents, including your FEC. This is important because you need the FEC in order to file for mediation in case there is a salary dispute. If your boss has your FEC, then it's actually a good thing because you can file a report at the local police bureau and ask them to call your boss to return it immediately. This provides you with a platform to complain to other bureaus.
2) You can terminate your contract at any time if your employer does NOT enroll you in China's Social Insurance. Not regular insurance, but Social Insurance. A lot of employers don't enroll you, so a lot of contracts are able to be terminated without "breaking" the contract. Just find your local Social insurance bureau in charge of your company's district and file a complaint. You will need your passport, copy of your contract and FEC.
View my blog for the laws.
Hope these help.
Great stuff! Another bullet to keep, just in case. Thanks lots!
Indeed it's a matter of being well informed and most of it have courage. Hopefully this information you've provided with will help others from being scammed. Thanks.
what is social insurance and what does it cover and where is the social bureau located.
WCG:
Your boss signs up for it. You need to ask your boss to sign you up. If he doesn't, then you need to do a little research to find the local social insurance bureau in charge of your employers district. That's the hardest part.
Your FEC is proof that you have the legal right to work in China. Most bureaus will not talk to you unless you have it. I couldn't file for mediation until I recovered it from my employer. Your employer knows this and is one big reason why they (your boss) wants to hold on to it. The first 2 questions I ask in an interview are, 1) Do you hold onto my FEC? If yes, goodbye! 2) Do you provide social insurance? If no, then I know immediately that I can walk away at anytime without "breaking" the contract.
All this assumes that the government is going to adhere to their own laws to begin with. This is a country that guarantees religious freedom, freedom of the press, etc... ON PAPER. In practice, it's much different.
WCG:
They enforce this law. They jumped all over my complaint like a pack of hungry wolves. I think they get a percentage of what they recover. Much like the IRS law in the USA for exposing tax evasion.
Thank you. How can we find out if the school signed us up for the State Insurance. Is there an agency we can contact?
WCG:
The social insurance bureau issues you a blue insurance card with your name on it. If your employer does not give you this card, then they are lying to you about signing up. It takes no more than 3 weeks from start to finish to receive your card and your employer is required to enroll you within 30 days of hiring you. They are actually suppose to mention it in the actual contract you sign in order for your contract to be considered VALID.
Smoking inside buildings is also illegal, and all vehicles need to stop at red lights. See how well those laws are working.
WCG:
They enforce this law. I was shocked how fast things happened when I complained. 24 hours later and my employer was frantically calling me.
Mateusz:
They enforced this law that one time, you mean.
Rule of law in China isn't really a thing. Just because it worked out for you, doesn't mean it will work for everyone. It's illegal to use someone's image for advertising purposes without their permission, and it's happened to me twice, and the lawyer I contacted told me it wasn't worth pursuing, since I wouldn't win... even though he admitted that the law was on my side... not that it would really help.
It's nice to know there is a law to protect workers, but don't give false hopes that it'll always work in all situations.
