Labour rights protection of foreign employees in China

Ahl, Björn; Czoske, Pilar-Paz; Xu, Cui

doi:10.1080/10192557.2020.1786264

Cited by 2 publications

(6 citation statements)

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Section: Resultsmentioning

confidence: 99%

“…So far, no corresponding dispute was discussed in court and published. Some scholars argue that the LCL has a higher legal level than the Provisions of the Employment of Foreigners and should therefore prevail (Ahl et al. , 2020).…”

Section: Resultsmentioning

confidence: 99%

“…Since China has not ratified the 1949, 1975 of International Labour Organization (ILO) and the UN Convention in 1990 that require equal protection for migrant workers [6], the two conventions of the ILO have little impact on Chinese law. Although China is not a ratifying country, some scholars believe, it should follow the principle of national treatment according to such conventions in dismissal protection (Ahl et al, 2020). However, the legal basis for China to grant equal national treatment to foreign employees is mainly based on the World Trade Organization (WTO) General Agreement on Trade in Services (GATS) [7].…”

Section: Foreign Employees and The Realization Of Their Labor Rightsmentioning

confidence: 99%

“…As foreign employees usually work in management positions with high pay, this notice assumes that they have the ability to negotiate the conditions of their employment contracts, which makes the protection of the labor law redundant (Wu, 2013;Ahl et al, 2020). Another notice issued by the SLSSB in 2002 confirmed it by stipulating that the labor rights and obligations of foreign employees shall be determined by the employer's board of directors or management and written in the labor contract [11].…”

Section: Foreign Employees In Chinamentioning

confidence: 99%

“…While the relaxation of immigration controls has increased the convenience of employing foreigners in China, their labor protection has not been subject to a similar discussion in Chinese (Zhu and Price, 2013;Liu, 2014;Ding and Koslowski, 2017;Liu and Ahl, 2018;Ahl and Czoske, 2018) and international literature (Ahl et al, 2020). Literature involving relevant court practices is also limited (Wu, 2013;Wang, 2016;Ahl et al, 2020).…”

Section: Introductionmentioning

confidence: 99%

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Legal framework for the protection of foreign employees in China

Luo

2022

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PurposeThis study aims to examine the adequate application of rights and protections granted to employees under labor laws and regulations to foreign employees working in China.Design/methodology/approachThe authors analyzed applicable laws, regulations and related literature on the employment of foreigners in China and employed quantitative and qualitative methods to scrutinize the features of labor disputes involving foreign employees, to assess claims of inconsistencies. A group of judges and labor arbitrators were also interviewed.FindingsThe inconsistencies between Chinese immigration and labor laws, and between applicable laws and court enforcement, result in a considerable gap in employment protection for foreign employees. They have grown over the last two decades, in a changing legal environment of labor protection and labor market for foreigners.Research limitations/implicationsThis study focused on documented foreign employees' labor litigations from 2017 to 2020 in people's courts in China's five most economically developed regions. Future studies could cover a wider geographic territory and labor disputes of undocumented foreign employees to provide an even more comprehensive picture of the challenges and potential solutions.Practical implicationsThe inconsistency between immigration and labor law regarding employment protection for documented foreign employees requires legal clarification and regulation to ensure equal employment protection of both Chinese and foreign employees.Originality/valueThere are limited studies using empirical data from different regions in China to document and understand the gap between the statutory labor protections and the labor protection granted to foreign employees in law as well as in court practice.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Foreign Employees and The Realization Of Their Labor Rightsmentioning

confidence: 99%

Section: Foreign Employees In Chinamentioning

confidence: 99%