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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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 Posted:
Jan 01, 2008 - 01:42 PM |
 
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| Post subject: Impact of New Labour Laws on Expatriates? |
I understand the new (actually, it's not new, just "updated" and "refreshed") labour laws takes effect today. Does it impact expatriates at all, since we normally sign a contract that's more inclined towards our home country's labour laws? |
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Michael Chan www.senseimichael.com |
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DesertSpider
Post Boaster
Joined: Jan 19, 2007
Posts: 4725
Location: SHANGHAI, CHINA
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Jan 01, 2008 - 02:22 PM |
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If you design your contract(s) with the appropriate provisions in them to protect your interests you should be fine... I'm not a lawyer, but am in outsourcing / service provider and we are not having any problems. |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 01, 2008 - 02:28 PM |
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I'm thinking, how about those of us who sign the contracts according to Chinese labour laws? Complicated huh? |
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Michael Chan www.senseimichael.com |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 01, 2008 - 02:29 PM |
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Hmm...and how does this impact those of us who signed our contracts before 1 Jan 08? |
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Michael Chan www.senseimichael.com |
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Ikbal
Reacher
Joined: May 27, 2007
Posts: 201
Location: Shanghai
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Jan 01, 2008 - 02:44 PM |
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Ask HR in your company, they should inform you.
I think my company's HR is planning to make a so called "communication day" to tell us about the updates after January Holidays. I will check and get back to you. |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 01, 2008 - 02:47 PM |
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HR in my company? So far non-committal replies. Let's see how it goes. |
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Michael Chan www.senseimichael.com |
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leidelaohu
Board Lord
Joined: June 11, 2007
Posts: 5751
Status: Offline
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Jan 01, 2008 - 03:50 PM |
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| StMichael wrote: |
| I understand the new (actually, it's not new, just "updated" and "refreshed") labour laws takes effect today. Does it impact expatriates at all, since we normally sign a contract that's more inclined towards our home country's labour laws? |
Lessee, where are we ? Looky outside. Check a street sign or two. Does it say "42nd Avenue" or does it say "Nanjing Xi Lu" ? This ought to be a clue. What do you think would happen if Haier opened a factory in Illinois and required everyone to work 60 hours a week with no overtime pay ?
Gottit yet ? |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 01, 2008 - 04:42 PM |
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Hmm...maybe I'm somewhat dense, you mean it *will* impact us, with our "out of the world according to Chinese standards" pay? |
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Michael Chan www.senseimichael.com |
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leidelaohu
Board Lord
Joined: June 11, 2007
Posts: 5751
Status: Offline
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Jan 01, 2008 - 07:43 PM |
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| StMichael wrote: |
| Hmm...maybe I'm somewhat dense, you mean it *will* impact us, with our "out of the world according to Chinese standards" pay? |
Did you read it ? if those provisions apply to you then it will impact you. If not, then no change. Same principle as in the US, if I drive 85 mph then the law impacts me. If I drive at the speed limit then it doesn't. What does the amount of your salary matter ? |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 01, 2008 - 09:05 PM |
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It doesn't. 
Basically the law would impact us even if we sign the contract in our country of origin, as long as the company operates in China? Still waiting for more people to contribute... |
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Michael Chan www.senseimichael.com |
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leidelaohu
Board Lord
Joined: June 11, 2007
Posts: 5751
Status: Offline
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Jan 02, 2008 - 12:25 AM |
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| StMichael wrote: |
| Basically the law would impact us even if we sign the contract in our country of origin, as long as the company operates in China? |
If you lived in Milwaukee would you expect the laws of Wisconsin to apply to French people working there ? Even if they were working for Chanel ? |
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StMichael
Rocker
Joined: Feb 19, 2005
Posts: 783
Location: Qibao, Shanghai
Status: Offline
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Jan 02, 2008 - 12:45 AM |
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leidelaohu
Board Lord
Joined: June 11, 2007
Posts: 5751
Status: Offline
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Jan 02, 2008 - 12:51 AM |
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| StMichael wrote: |
| You have a point there. |
The prosecution rests ... however, we are in China so enforcement, now that's a different matter  |
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yu888
Board Deity
Joined: Jan 25, 2003
Posts: 19241
Location: ZhongShanParkArea SH
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Jan 02, 2008 - 05:41 PM |
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wow tiger is sounding a bit like underwater starting off the new year... taking the same online ettiquette class are ya?  |
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The right to free speech does not grant you freedom from the repercussions of what you say. This and more on my Blog...Random Thoughts about Living in Shanghai...and more |
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underh20
Board Legend
Joined: Sep 27, 2006
Posts: 12702
Location: Veggie-Free Zone
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Jan 02, 2008 - 06:26 PM |
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2008 is officially known as the year to stop being tolerant to idiots. Glad Tiger is following protocol. |
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"If I need to buy a TV, I'll definitely buy a Japanese TV. A Chinese TV might explode." -- Jackie Chan |
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leidelaohu
Board Lord
Joined: June 11, 2007
Posts: 5751
Status: Offline
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Jan 02, 2008 - 08:18 PM |
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| yu888 wrote: |
| wow tiger is sounding a bit like underwater starting off the new year... taking the same online ettiquette class are ya? |
Sorry ... but jeeze. We're talking supposedly educated people here, right ? The very same people who scream bloody murder about "illegal aliens" using our resources, taking our jobs, raping our white women, the whole litany of woe ? Welll, seems like it shouldn't be tooo difficult to figure out that when you live in a foreign country, the laws of that foreign country apply to you. Even us 'murricans 
Sorry, San Mishel, didn't mean to be mean but c'mon, let's get with the program a little ! |
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