What are the labour laws applicable to the employment of foreign workers in China?
In China, labour laws applicable to the employment of foreign workers are governed by the foreign-related labor laws, which include the Employment Promotion Law, the Labor Contract Law, and the Labor Dispute Mediation and Arbitration Law. The Employment Promotion Law of 2007 outlines the minimum requirements for all employers to abide by when hiring foreign workers. These requirements include paying wages and benefits in full, providing a safe and healthy work environment, and respecting the rights of employees. This law also ensures that foreign workers receive the same protections and benefits as domestic workers, such as the right to collective bargaining. The Labor Contract Law of 2008 states that employers must sign a labor contract with foreign workers. This contract must be in line with local labor law and must outline the terms of employment, including the types of jobs the foreign worker is permitted to perform, the duration of the contract, and the wages and benefits the foreign worker is entitled to receive. The Labor Dispute Mediation and Arbitration Law of 2007 outlines the procedure for handling labor disputes between employers and foreign workers. This law states that if a dispute arises, the parties must first attempt to reach a resolution through mediation. If mediation fails, then the dispute must be submitted to arbitration. By following these laws, employers in China can ensure that they are complying with the regulations for hiring foreign workers and providing them with rights and protections to ensure a safe and productive working environment.
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