Services | Employment & labor

Employment and labor law for foreign nationals in China

Contracts, dismissals, unpaid wages and labor arbitration — the remedies for foreign employees under PRC law.

Employment and labor disputes for foreign nationals working in China

Foreign nationals employed in China work under Chinese labor law for their employment relationship in the mainland. When that relationship goes wrong — unpaid wages, dismissal, contract disputes with a school, employer or agency — the remedies are Chinese ones: negotiation, labor arbitration, and where necessary the courts.

Employment contracts

Review and explanation of Chinese-language employment contracts, bilingual contracts and side agreements, before you sign or after a dispute has arisen.

Dismissal and termination

Whether a dismissal was lawful, what notice and severance apply, and claims for unlawful termination of the employment relationship.

Unpaid wages and benefits

Salary arrears, unpaid allowances, social-insurance contributions, year-end payments and commission disputes.

Labor arbitration and litigation

Preparation and representation in labor arbitration — the mandatory first stage for most employment disputes in China — and in court proceedings that follow.

Points that matter in foreigner employment cases

Employment of foreign nationals in China requires a work permit and a residence permit linked to the employer. Those administrative requirements shape the employment relationship in ways that domestic cases are not affected by, and they are frequently entangled with the civil dispute itself.

  • The validity of the work permit affects which parts of the employment relationship the arbitrator or court will protect — this is assessed case by case
  • Contract terms drafted around the permit position (salary, housing, flights, notice) are often where the real dispute lies
  • Labor arbitration generally must precede a court claim; time limits are short and run from the date you knew or should have known of the infringement
  • Evidence that wins these cases is usually documentary: the contract, payslips, bank transfers, WeChat or e-mail correspondence and the dismissal notice
Check the time limit before anything else

The limitation period for labor arbitration is short — ordinarily one year from when the party knew or should have known that its right was infringed. If your dismissal or last unpaid wage was months ago, tell me the dates first.

What I do not handle

  • Work-permit, Z-visa or residence-permit applications, renewals or transfers — those are administrative processes handled by the employer and the competent authorities
  • Immigration or nationality advice, or advice on the law of your home country
  • Criminal matters arising in the workplace
Where permit and dispute overlap

A permit question is often embedded in a wage or dismissal dispute. I handle the civil claim; for the administrative side I tell you plainly which authority or adviser deals with it.

Preparing a first enquiry

  • Your employment contract and any appendix, together with the work-permit notice if available
  • Payslips or bank statements showing salary payments, and the record of any stoppage
  • The written dismissal notice, non-renewal notice or chat record with the employer
  • Key dates: start of employment, last full month of pay, and the date of any termination decision

Ask about wages, dismissal or an employment contract

Written English or Chinese is fine. Please lead with the dates — they decide what is still possible.