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alwkeel
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Begginer
Asked: 2025-05-08T21:47:43+08:00 In:

What should I do if my employer violates the employment contract or labor laws?

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What should I do if my employer violates the employment contract or labor laws?
employment contract
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    1. ROSE HAND
      Begginer
      If your employer violates the employment contract or labor laws in China, here’s a structured approach to protect your rights based on current legal provisions and best practices:

      1. Collect Evidence

      Gather documentation to support your claim:
      • Employment records: Keep employment contracts, pay stubs, and bank statements to prove unpaid wages or benefits.
      • Work documentation: Maintain attendance logs, emails, and chat records (e.g., WeChat) to evidence unpaid overtime or illegal termination.
      • Official communications: Retain termination letters, disciplinary notices, or other notices reflecting unfair treatment.

      2. Engage in Employer Negotiations

      • Formal discussion: Request a meeting with HR or management to address the issue. When disputing unpaid wages, reference Article 85 of the Labor Contract Law, which requires timely payment.
      • Written resolution: If an agreement is reached, document the terms in a signed settlement agreement to ensure enforceability.

      3. Lodge a Complaint with Labor Authorities

      • Labor inspection filing: Submit a complaint to the local Human Resources and Social Security Bureau for issues like unpaid wages or illegal deductions. Authorities can compel employers to correct violations within a specified period.
      • Expedited processing: Severe violations (e.g., unnotified mass layoffs) may trigger priority investigations by government agencies.

      4. Initiate Labor Arbitration

      Process:

      1. Application submission: File an arbitration request with the Labor Arbitration Committee in the employer’s registered location or where work was performed.
      1. Required materials: Include a written request, supporting evidence (contracts, pay records), and identification documents.
      1. Hearings attendance: Present your case at hearings; employers are legally obligated to provide evidence for disputed claims (e.g., termination justification).

      Potential Outcomes:

      • Financial compensation: For illegal termination, claim double severance pay (calculated as one month’s salary per year of service).
      • Job reinstatement: Request restoration to your position if the termination is ruled unlawful.

      5. Pursue Litigation (Post-Arbitration)

      • Filing timeline: If dissatisfied with the arbitration result, initiate a court lawsuit within 15 days of receiving the decision.
      • Key claims:
        • Unpaid wages: Seek up to 100% additional damages for proven wage arrears.
        • Overtime compensation: Claim 1.5–3 times the normal wage rate, depending on overtime type (regular, rest day, or public holiday).

      6. Access Legal Support

      • Free assistance: Contact local legal aid centers or labor unions for guidance on procedures and documentation.
      • Professional representation: Engage a lawyer for complex cases (e.g., employer insolvency) to safeguard claims against company assets.

      Critical Legal Protections

      • Wrongful termination: Employers must follow Articles 39–41 of the Labor Contract Law for dismissals. Violations entitle you to double severance pay.
      • Wage/overtime disputes: Use arbitration or litigation to claim owed payments, including potential additional penalties.

      Important Notes

      • Timeframe: The combined arbitration and litigation process typically takes 3–12 months.
      • Statute of limitations: Act within 1 year of becoming aware of the dispute to preserve legal rights.
      • Urgent measures: For cases involving employer flight or asset dissipation, request property freezing through arbitration or court to secure claims.
      Following these steps systematically helps enforce your rights under Chinese labor law. Maintain complete evidence records and consult legal resources for case-specific guidance.