Posted by
petemac
18 yrs ago
Simple question, does the new employment law apply to us foreigners (Im Brit) if employed by a Chinese company.
Specifically, I signed a contract that states x amount of hours for x amount of pay, and now I have arrived they are virtually forcing me to work many, many more hours with no extra pay or time off in lieu.
The employment law states that overtime must be paid, and that the part of my contract which says that the company can request me to work extra hours for no extra pay or time off, is invalid as it breaches employees rights.
I raised this with my boss who told me that this doesn't apply to expats, I'm very aggrieved with the whole situation and wonder whether anyone has any knowledge.
Many thanks.
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The new labor law does apply to expats who are hired in-country. If you work for a multinational company and were given a "secondment" in China, much of the labor law does not apply.
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gdbill, thanks for your reply.
Actually I am working for a Chinese company but I was recruited from UK, it states in my contract that my "point of hire is London". I am not on a secondment, purely employed by the Chinese company on a contract to work in Beijing.
Are you able to enlighten me any more, or point me in the right direction, on whether the labour law applies to me as it would a Chinese?
Many thanks.
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^ Difficult to say, but I think you would be covered. I can only state with certainty that those with multinational corporation here on a secondment are not fully covered by the new (or even old) labor law.
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