Legal cases involving foreign workers on the rise
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Rewriting the rules
In fact, a debate has long existed over the necessity of a labor contract distinguishing foreigners from local workers, given that foreign workers' benefits and welfare terms are usually much better than those of local workers. In Andrew's case, according to China's Labor Law, he is legally entitled to a compensation of two months' salary for every year he worked with his company, which comes to about 1 million yuan ($154,022) if he works for five years.
However, another provision in the law states that the monthly salary for compensation to an employee should not exceed three times the local average monthly wage. In the case of Shanghai, Andrew can only be compensated 100,000 yuan ($15,402), just one-tenth of what he's supposed to get.
"This is unfair. The court doesn't take into account that foreigners are paid very differently from Chinese workers," Wang Tao, Andrew's defense lawyer, told the Global Times on Wednesday.
Andrew has appealed to a Shanghai intermediate court, demanding his labor contract be reinstated, as he feels it would be better than compensation that falls far below his expectations.
In fact, Shanghai labor authorities issued two notices in 1998 and 2002 allowing foreign employees and employers to set certain terms regarding their rights and responsibilities through contracts, including liability for breach of contract and conditions for the cancellation of the working relationship.
However, most foreigners are unaware of these regulations.
"Foreign employees, having grown up in a different legal environment, know little about China's Labor Law, let along the regional regulations," Wang Huayu said.
"I think it's necessary to make a special regulation on Labor Law for foreign employees in China," he argued, adding that foreigners working in China should also study its Labor Law and regulations.
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