Labour Rights Protection of Foreign Employees in China

Asia Pacific Law Review (Forthcoming)

27 Pages Posted: 10 Jan 2020

See all articles by Björn Ahl

Björn Ahl

Institute of East Asian Studies, University of Cologne

Pilar Czoske

University of Cologne; Institute of East Asian Studies

Cui Xu

University of Cologne

Date Written: December 20, 2019

Abstract

This study discovered considerable differences of levels of protection provided by Chinese courts to foreign nationals in labour disputes. In general, courts in Beijing and Guangzhou extended significantly better legal protection to foreign employees than courts in Shanghai. Both groups, foreign employees with and without a valid work permit, do not receive the same level of labour rights protection as Chinese nationals. The legislative framework that governs employment relations between local employers and foreign employees is still based on the assumption that foreign employees do not need comprehensive statutory protections of labour rights. International law that aims at protecting migrant workers acknowledges the equal treatment of nationals and non-nationals with regard of the protection against unjustified dismissal as a minimum standard. The Chinese legislator should consider bringing the current legislation in conformity with international standards.

Keywords: Foreign employees, Chinese labour law, dismissal

Suggested Citation

Ahl, Björn and Czoske, Pilar-Paz and Xu, Cui, Labour Rights Protection of Foreign Employees in China (December 20, 2019). Asia Pacific Law Review (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3507529

Björn Ahl (Contact Author)

Institute of East Asian Studies, University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany
+492214705421 (Phone)

Pilar-Paz Czoske

University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany

Institute of East Asian Studies ( email )

Dürener Straße 56–60
K

Cui Xu

University of Cologne ( email )

Albertus Magnus Platz
Cologne, GA NRW 50923
Germany

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