Foreigner worked in Shenzhen China, these you should know (One)- 大数跨境

Foreigner worked in Shenzhen China, these you should know (One)

David的跨境日记

2025-10-22

导读：Legal Tips for Foreign Workers in China

What Should a Foreigner Do If Dismissed by a Chinese Company?

Firstly, you should know that Foreign employees in China have similar labor rights to Chinese workers, and they can take legal actions if dismissed unfairly or unlawfully.

1. Confirm That Your Employment Relationship Is Legal and Valid before anything else.

Confirm that:

a. You have a written labor contract with the company;

b. You are working with a valid work visa and a Foreigner’s Work Permit.

⚠️ Note: If you do not have a legal work visa and permit, your labor relationship may be considered invalid under Chinese law.

2. Is the Dismissal Legal?

Chinese Labor Contract Law strictly limits the conditions under which an employer can terminate an employee.

✅ Legal Termination (with conditions):

a. Failing to meet job requirements during the probation period;

b. Serious violation of company rules;

c. Gross negligence or causing significant damage to the employer;

d. Criminal conviction;

e. Company downsizing or restructuring (with 30-day notice or payment in lieu).

❌ Illegal Termination includes:

a. Dismissal without just cause;

b. Termination of pregnant women or those on maternity leave;

c. Termination during medical treatment for illness or injury;

No 30-day written notice or no severance payment.

3. What You Can Claim

a. Severance pay (if termination is lawful but employer initiated it);

b. Double compensation (if termination is unlawful);

c. Unpaid wages;

d. Unused annual leave (converted to money);

e. Social insurance contributions (if not properly paid);

f. Legal assistance for residency issues after job loss.

4. Important Tips

a. Keep all employment-related documents and evidence: labor contract, pay slips, performance reviews, etc.

b. Ask whether the company is properly paying social insurance on your behalf.

c. You can hire a lawyer who speaks both Chinese and English to help with arbitration or court；【Vital】

d. Avoid working without a proper work permit—this weakens your legal standing.

For more insights into Chinese laws, follow us!

We are professional lawyers specializing in labor law, and feel free to send us a message with your concerns!

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