The Legitimate Rights And Interests Of Foreign Workers Should Also Be Protected.

In August 2015, 1 Malaysia workers came to the labor and social security supervision agency and complained that they had worked in A machinery manufacturing company since March 2015. The company owed him 3 months' salary from May 2015 to July.

After asking patiently, the complainant holds a foreign passport and a foreigner's employment permit. Because of difficulties in language communication and other difficulties, he finds labor security supervision agencies after several setbacks, hoping to safeguard his legitimate rights and interests.

At the same time, the complainant provided copies of labor contracts and employment permits for foreigners.

The labor and social security supervision agency accepted the complaint from the Malaysia native worker in accordance with law, and filed a case against the A machinery manufacturing company in accordance with the procedures.

It is understood that the machinery manufacturing company is a Sino foreign joint venture.

In the course of the investigation, Lu Mou, the head of the personnel department of the machinery manufacturing company, admitted that the complainant did work in the company, but insisted that his foreign shareholders were sent to the company to work. The corresponding obligations should be borne by the foreign shareholders, and the wages should be paid by the foreign shareholders.

A comprehensive analysis of labor management information obtained by the inspector and materials provided by the complainant revealed that the company signed a labor contract with the complainant and handled the employment permit and residence permit for the complainant.

The name of the unit on a foreigner's employment certificate is the same as the name of the unit in the labor contract, that is, the machinery manufacturing company. The validity period of the employment permit for foreigners is in line with the term of the labor contract and is within the validity period.

At the same time, the inspector also found that the complainant worked as an engineer in the company, usually accepted the daily management of the company's attendance, and the company had paid the wages of the complainants in March 2015 and April according to the labor contract.

Therefore, the Ombudsman introduced to the head of the personnel department Lu Mou propaganda.

After China's employment management regulations and other relevant policies and regulations, it seriously pointed out that the company signed a labor contract with the complainant, and handled the employment certificate for the complainant. The complainant worked in the company, accepted the company's management and served the company, and the company should assume the responsibility of applying the job.

In the end, Lu had to admit that although the complainant was a member of the foreign shareholder's introduction to the company's work, there was no employment relationship between the complainant himself and the foreign shareholders. It was indeed the mechanical manufacturing company's recruitment, signing of the labor contract and the employment permit for foreigners. Only because of the conflict with the foreign shareholders recently, the company's head was unwilling to pay the complainant's wages, and hoped that it would be a bargaining chip for the negotiations. When the inspector visited the company, the head of the company would not be willing to pay the complainant's wages.

On the basis of the investigation and forensics, the labor security supervision organization opened the order correction notice to the machinery manufacturing company and ordered the company to reissue the complainants' wages during the period from May 2015 to July in the deadline.

In the service of "

At the time of the notice, the inspector interviewed the head of the company, Qi, and did a patient and meticulous publicity work again, and informed the corresponding interests.

Finally, the machinery manufacturing company reissued all the wages of the complainant within the prescribed time limit.

Case analysis: under normal circumstances, foreigners are permitted to apply for employment in China. When employing units to recruit or use foreigners, the employers should apply for employment permits in respect of their minimum wages, working hours, etc. in accordance with relevant regulations of China. They may also agree with foreigners in matters related to labor contracts.

However, employers can not be "capricious" in employment management, and can not say that wages will not be paid in the case of machinery manufacturing companies in this case. This does not conform to the principles and spirits of a modern enterprise management.

For foreigners who are lawfully employed in China, if their basic rights and interests such as minimum wage and working hours are infringed, they have the right to

If an arbitration institution applies for arbitration, it may also make a complaint to the labor and social security supervision agency. The relevant institutions shall safeguard their legitimate rights and interests according to law on the basis of court hearing, investigation and evidence collection.

Here, it is also necessary to remind employers and foreigners who are employed in the territory of China that, except for several categories of personnel who are exempt from the employment permit of foreigners, such as foreigners holding foreign experts' certificates, if foreigners do not work in accordance with the regulations and work permit documents in China, they are illegal employment.

According to the law of exit and Entry Administration of the People's Republic of China, for the illegal employment of foreigners, the public security organs shall impose a fine of ten thousand yuan per person illegally and the total amount not exceeding one hundred thousand yuan. If the illegal gains are obtained, the illegal gains shall be confiscated. The illegal employment of foreigners shall be fined by the public security organs below five thousand yuan or twenty thousand yuan, and the cases where the circumstances are serious shall be detained for more than five days, fifteen days or less, and shall be fined not less than five thousand yuan and twenty thousand yuan.

Therefore, for illegal employment, employers and foreigners should assume corresponding responsibilities, hoping that employers will recruit foreigners in accordance with the law.