Moon Living Abroad in Beijing by Shannon Aitken

Author:Shannon Aitken
Language: eng
Format: epub
Publisher: Avalon Travel
Published: 2013-07-23T16:00:00+00:00

Labor Laws

In some Beijing workplaces it can feel like labor laws don’t exist. Workers can be expected to slave away until 8pm or 9pm every night and come in on weekends without an ounce of compensation or time in lieu, freelancers do work that they never get paid for, and people lose their jobs overnight. Often, staff quietly accept it or quietly leave. I’ve never personally heard of someone suing their company for unfair dismissal. The truth is, however, that in many cases an employee could well win if they took their employer to court.

Dan Harris of the China Law Blog says, “Employers in China have to follow a whole host of rules. Just because they often violate those rules does not mean they are not required to follow them. It also does not mean they will get away with violating those rules if sued. I’m not telling anyone to sue, but I am saying that it is our experience that the employee in China who actually stands up for his or her rights in China (at least as against foreign companies, which is all that we ever represent) usually prevails.”

The fundamental requirements of China’s labor laws stipulate fair and equal treatment of employees regardless of race or sex, that children under the age of 16 can not be employed, and that workers have the right to organize. The laws and regulations also establish standards for working hours and conditions, leave, and minimum wages.

For foreigners in Beijing, there are also five basic rules: You must be 18 years or older and in good health; you must have the professional skills and job experience required for the work of your intended job; you must have a clear criminal record; you must have a clearly defined employer; and you must have a valid passport or other relevant international travel document.

Technically, when you are here to work for a given company, it’s illegal for you to be doing work on the side. Cash-in-hand jobs are, however, exceedingly common. It’s just not recommended that you start getting regular sizable donations into your bank account.

Many local people don’t even know their own labor laws, and it’s highly recommended that you clue yourself in on your rights. If your own company doesn’t give you a copy of the labor laws, you can access free online information from the many law firms specializing in this area, such as Wang & Wang and Broad & Bright Law Firm, as well as sites such as www.chinalawandpractice.com (subscription fee), www.chinalawblog.com, and the official government site, www.ebeijing.gov.cn (click on Working in Beijing).

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