Unfair Dismissal: A Foreign Teacher's Fight for Justice!
The worst situation for any worker is when they have to deal with a sleazy boss. Unfortunately, this foreign teacher named Ray (alias) encountered such a boss while working in China. Working in Foshan, he claimed that his kindergarten terminated his employment under the pretext of an economic downturn, but did not provide a penny of compensation.
Ray's Story
Ray had been working at a private kindergarten in Foshan for two years when the school suddenly informed him that his contract would not be renewed due to "economic difficulties." No severance pay was offered, and the school attempted to cancel his work permit immediately, which would have forced him to leave China within days.
Rather than accepting this situation, Ray decided to fight back. With the help of VBCS and a local labor attorney, he filed a complaint with the local labor arbitration committee.
Know Your Rights
Foreign workers in China have legal protections under Chinese labor law. Key rights include:
Severance Pay: If your employer terminates your contract without cause, you are generally entitled to severance pay calculated based on your years of service.
Notice Period: Employers must provide adequate notice before termination, or pay in lieu of notice.
Work Permit Cancellation: Your employer cannot cancel your work permit without following proper procedures, and you have the right to remain in China while pursuing legal remedies.
The Outcome
After several months of arbitration, Ray was awarded compensation equivalent to three months' salary. The school was also required to follow proper procedures for the work permit cancellation, giving Ray time to find a new position.
Lessons Learned
This case illustrates the importance of understanding your legal rights before you need them. VBCS recommends that all teachers working in China familiarize themselves with basic Chinese labor law and keep copies of all employment documents.