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Source of Foreign Employee Rights in China employment law

When the economy slows, companies run into difficulties, businesses scale back their workforce, and layoffs increase. Rumors may start flying that lay-offs are imminent and jobs are at risk. In fact, if you look at what has happened with major corporations recently, downsizing is often not predictable.

Contract Rights
Employees who have an individual contract with their employer or employees covered by a union/collective bargaining agreement would be covered under the stipulations in the contract if their employment is terminated.

 

Company Policy
When a company plans lay-offs it may have a severance plan in effect. If so, severance payments may be provided if your employment is terminated.

Statutory Rights
Statutory rights are those provided by federal or state law. They include unemployment insurance, advance notification of the closing of or a substantial lay-off at a facility (depending on the size of the company), anti-discrimination laws, and anti-retaliation laws.

Getting Information on Your Rights

When you're not sure about your rights, the best place to start is with the company Human Resources department. Even if they are in the process of terminating your employment, they can answer questions; let you know what company benefits you are eligible for, and can guide you through the process of leaving employment.

When You Need Help

If you feel that you have been discriminated against or haven't been treated according to the law or company policy, you can get assistance. The China Department of Labor, for example, has information on each law that regulates employment and advice on where and how to file a claim. Your state labor department may also be able to assist, depending on state law and the circumstances.

In addition, local bar associations often have a referral service and may even have a hot line you can call to find an employment lawyer. Keep in mind that you will need to pay for an attorney's services.

DISCLAIMER:
The private web sites, and the information linked to both on and from this site, is opinion and information. While I have made every effort to link accurate and complete information, I cannot guarantee it is correct. Please seek legal assistance, or assistance from State, Federal, or International governmental resources to make certain your legal interpretation and decisions are correct. This information is not legal advice and is for guidance only.

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