The place to ask China-related questions!
Beijing Shanghai Guangzhou Shenzhen Chengdu Xi'an Hangzhou Qingdao Dalian Suzhou Nanjing More Cities>>

Categories

Close
Welcome to eChinacities Answers! Please or register if you wish to join conversations or ask questions relating to life in China. For help, click here.
X

Verify email

Your verification code has been sent to:

Didn`t receive your code? Resend code

By continuing you agree to eChinacities's Privacy Policy .

Sign up with Google Sign up with Facebook
Sign up with Email Already have an account? .
Posts: 166

Governor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

Q: Update: Lawsuit with employer, any advice?

I'm the guy who's venturing out into the abyss and suing my employer for the 100 reasons that they've violated the law.  This is a quick recap of helpful info if you too decide to be a martyr.

FACTS:

1.)  I unilaterally and legally terminated my contract because my employer didn't  provide China's Social Insurance (this is gov't issued insurance similar to Social Security in the USA.)

2.)  I got my FEC back by filing a police report. (You need the FEC to file for mediation).

3.)  I was able to recover my last month's wages, but the release letter is more complex (see below).

4.)  There was some scamming involved, mainly the hourly pay vs. flat salary pay and the uncounted/unpaid office hours (slavery).  So, we actually got an admittance from the company that they were wrong about the salary calculation method, and they offered to reimburse the arrears.  However, they were unwilling to include the legally mandated severance pay and the Social Insurance in arrears, and they wanted to subtract 1000 rmb per day that I called in sick.  We didn't give in.  So, now we are headed to mediation. 

 

Now...

 

Beware.

1.)  I am married to a Chinese woman.  So, my employer knows I have a right to stay in China indefinitely to fight this.

2.)  I am a tax accountant by trade and worked for the US government.  So, I kept excellent records of everything and I know how to talk to bureaucrats.

3.)  My wife needed to translate (evidence and visits) and has done an awesome job at articulating the important points.

4.) SAFEA (probably bribed) requires an additional "recommendation letter" issued by the employer in order to grant a new FEC with a new company. 

 

My recommendations:

1.) Don't sign a contract,  instead work illegally.

2.)  If you are legal and on your way out of China anyway, then why not stop by the local Social Insurance bureau and complain.  You can ask for the cash value of the arrears or demand that the company provides you with an account. 

 3.)  If you're legal and you want to terminate your contract, then do these things, Day 1, 10:00 am, go to labor bureau, file complaint about Social Ins, get 2 copies of complaint.  11:30 am go to local police station and file an "embezzlement" report about your FEC.  Get a copy and ask the police to have the company deliver the FEC to the police station.  When  the company arrives, give them 3 things at the same time, your 30 day resignation letter, police report, and labor bureau filing.

 

please give a thmbs u/d.

 

9 years 50 weeks ago in  General  - China

 
Answers (2)
Comments (3)
Posts: 879

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

You accountants are hardcore. Thumbs up.

Report Abuse
9 years 50 weeks ago
 
Posts: 19789

Emperor

0
0
You must be a registered user to vote!
You must be a registered user to vote!
0

1. Why lawsuit? Because School didn't include you in Social Security thingy?

You could get explanation and meditation provided by SAFEA!

2. Why 'filling of police report' to get back your FEC? Not necessary IMHO, because School will (did) say to Police: 'Ooooh, I forgot to give it back to FT! Here it is!'

You could get the same result by contacting SAFEA.

3. My last salary was (twice) retrieved with SAFEA's help.

4. For RP extension Recommendation letter is not necessary! Your new employer need 

- Release letter;

- Cancellation Certificate of FEC; 

It must be submitted to your new employer in 30 days after your last working day. 'SAFEA' bribed? I don't care! Last paragraph is Chinese Law! '30 days after your last working day'. If SAFEA asked for Recommendation letter, it is because of your working history (and 'negative' behaviour). SAFEA wants to know, if you're abusing alcohol, coming late or missing your classes, and so on.

 

4. - School in Dalian wasn't happy, I resigned before the end of the Contract (because of School's Contract violation), and SAFEA made them write Release letter in Chinese. When I asked, what letter says, Chinese friend told me 'just regular stuff, and School isn't happy I resigned'. My new School in Xinjiang successfully extended RP and get new FEC.

 

IMO, you won't be successful in Court against Chinese, because 'if you hold FEC, Foreign Expert Bureau is there for meditation. You're aiming at the 'Contract violation fine', 10000 - 20000 Rmb, however I would never 'guess' my School (depended on Gov. grants) could even pay 10% of the fine', so law suit is 'wasting of time'. By US Court customs, not by Chinese, where you'll always be 'laowai'!!

My present School was very happy with my work, and Principal promised last Nov., School wants to extend our Contract in May, 2014. We had little misunderstanding with Feb. salary. I was teaching only 10 days, and received 1/2 salary. I demanded full salary for February. School didn't want to bow, and I asked SAFEA for 'advice'.

After one SAFEA's call, Principal told me in her office, SChool will pay all wages, but they won't extend our Contract. School is on Gov. grants, so I don't blame them directly of not keeping up the promise.

icnif77:

You're heading in front of the Chinese judge, same as you would be in US. But China is much different. 

In USA you could call office hours 'slavery', and in China you take me to Court for 'slavery', I'll reply to the judge:

'Yes sir, we asked him for some office hours, because we wanted he improves his English teaching.'

Chinese Principal can get off your 'slavery' accusation with this simple excuse. 

9 years 50 weeks ago
Report Abuse

WCG:

icnif77,  Thank you, there's a lot more to the story.  For example, I've been to SAFEA 5 times.  SAFEA in Chengdu doesn't enforce or do anything.  Hence why I think they've been bribed.  The labor bureau is extremely helpful.  They actually enforce things.  SAFEA has told me to "Work it out with your employer."  The labor bureau has the authority and the duty to actually make your employer do it.  It's actually written in the law too.

9 years 50 weeks ago
Report Abuse

icnif77:

Yes, if you call SAFEA, it's obvious you cannot sort it out with your employer. I'm talking out of my experience. I didn't read Chinese Law books. 

I called SAFEA 3rd time in 5 years. I got confirmed last week, my financial demands will be full filed!

SAFEA did also guide School about their obligations for applying for 30 days L before end of the Contract.

Write 'SAFEA' in search bar above, and call them again. Phone numbers there are Main office SAFEA numbers. Local agent will return call, as soon as you introduce yourself.

Don't start complaining as soon officer will call you back. Ask him/her for 'advice and help'! My record at Schools is stellar! I don't violate Contract, ever! SAFEA will call School, and ask for your behaviour at School. If School has too many complains, SAFEA might let you deal with School by yourself. I'm just guessing! I dealt with SAFEA in Hangzhou, Dalian and Urumqi. My experience with SAFEA is good. Good luck!

9 years 50 weeks ago
Report Abuse
Report Abuse
9 years 50 weeks ago
 
Know the answer ?
Please or register to post answer.

Report Abuse

Security Code: * Enter the text diplayed in the box below
Image CAPTCHA
Enter the characters shown in the image.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <br> <p> <u>
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Textual smileys will be replaced with graphical ones.

More information about formatting options

Forward Question

Answer of the DayMORE >>
A:  "... through ..."?  Only "through" comes to mind is "S
A: "... through ..."?  Only "through" comes to mind is "Shenzhen agent can connect you with an employer, who's authorized to hire waigouren ... and can sponsor Z visa." It's not like every 10th person you meet in Shenzhen's hood can sponsor work visa ...  The only way to change from student to labourer visa is just a regular way by: 1. Finding an employer, who'll apply for an Invitation letter; 2. Exit China and apply for Z visa in your home country's Chinese embassy; 3. Enter China in 30-days after Z visa was stamped into your travelling instrument ...As I am aware, you won't be able to switch to Working permit by remaining in China....,so make ready for a return to your home .... -- icnif77