The number of local labor disputes involving foreign employees
jumped by 50 percent during the first half of this year compared
with the same period last year, with most disagreement involving
the sudden termination of a work contract, labor officials of
Shanghai said yesterday.
The Shanghai Labor and Social Security Bureau received a record
13,759 labor disputes in the first half of this year, 40 times the
figure from 1987 when the country resumed its labor arbitration
system.
About 60 of the cases were filed by foreigners who signed work
contracts with local employers. The bureau only received 40 cases
from foreigners in the first half of last year.
"Although foreigner-related disputes accounted for only a small
fraction of the total 10,000-something cases throughout the city,
the jump is still considerable concerning the increased
percentage," said Sui Wei, vice director of the bureau's
arbitration division.
Most of the foreigner-related cases focused on wages or
severance from employers who suddenly terminated work contracts
after falling into economic difficulties, officials said.
One such case was filed by a French man who has been working for
a local firm for more than 10 years. His employer suddenly
terminated his contract earlier this year in the face of business
failure.
The company promised to pay six-month salary as severance pay.
But the French man said he was also entitled to a year-end bonus
for last year, compensation for the sudden termination, and payment
for not taking work with a competing company, as his contract
required. He was asking for an additional 980,000 yuan
(US$122,500).
The case ended after arbitrators supported part of the
employee's request. The company was ordered to pay him 550,000
yuan.
Sui said that as foreign employees' labor rights and obligations
are based on their work contracts, foreigners should make sure that
they have a valid work permit and sign a formal contract.
(Shanghai Daily July 26, 2006)