Before choosing a lawyer, sort out one thing. Which category of worker you are determines how the case should proceed.

1. Two situations, sorted out first

The first is a foreign national working inside China, with a labour contract signed with a domestic employer. Disputes follow Chinese labour law and the labour arbitration procedure.

The second is a worker sent abroad through a Chinese company. The contract may bear the seal of a Chinese overseas labour cooperation enterprise, of a foreign employer, or there may be two contracts. Check whose seal appears first, then decide who to name as respondent. Getting this wrong creates problems later.

This article deals mainly with the first category. The second is covered in section 5.

1. Lawful employment comes first

Foreign nationals working in China need a foreigner work permit and a work-type residence permit. With these in place, the employment relationship is protected by Chinese labour law, and claims may cover wages, severance and compensation.

Without a work permit, Chinese practice generally treats the arrangement as a service relationship. What can be claimed is mainly remuneration for work already performed. Social insurance, severance and double-wage claims usually fail. This is not a reason to give up, but it does mean expectations should be accurate. Better to say so during the initial assessment than to disappoint later.

1. Three common dispute types

Unpaid wages are the most frequent. Employers delay payment, propose instalments citing business difficulties, or leave the final payment unsettled after departure.

The second is unlawful termination, which includes dismissal without cause, forcing resignation by transferring the employee to a lower-paid post, or refusing to issue an employment separation certificate. Compensation for unlawful termination is generally twice the statutory severance, provided the termination can be shown to be unlawful.

The third covers overtime pay and payment in lieu of unused annual leave. These depend heavily on attendance records; many cases turn on evidence rather than on the law itself.

1. How the procedure runs

Labour disputes generally go to arbitration first and cannot be filed directly in court. A party dissatisfied with the award may sue in court within the statutory period.

Watch the deadline. The limitation period for an arbitration application is generally one year from the date the right holder knew or should have known of the infringement. Wage arrears arising during an ongoing employment relationship are not subject to that one-year limit, but once the relationship ends, the claim must be filed within one year of termination. Many people wait six months after leaving before acting, which leaves little room.

As to jurisdiction, the labour arbitration commission of the place where the contract is performed or where the employer is located generally handles the case. If you work in Shenzhen and the company is registered there, the case is handled locally.

1. Workers sent abroad through a Chinese company

This category is governed by the Regulations on the Administration of Overseas Labour Cooperation. The Chinese operating enterprise carries certain management and assistance duties, and workers may assert rights against it over service fees and contract performance.

Note that where the actual employer is a foreign company, recovery often has to be pursued locally, with complex procedures and long timelines. Before signing, checking who the contracting party is and keeping records of the Chinese company's qualifications and payment receipts is more useful than pursuing liability afterwards.

1. Evidence preparation

The more concrete the documentation, the more useful it is.

Core materials include the labour contract or engagement agreement, the foreigner work permit and residence permit, bank statements showing wages, attendance and shift records, work instructions and notices in WeChat or email, and written termination documents.

Foreign-language materials need a Chinese translation that meets the court's requirements. Evidence formed overseas usually also requires notarization and legalization. That process takes time, so it should be started when the arbitration application is filed.

1. Four points when choosing a cross-border labour lawyer

Bilingual capability comes first. Contracts are in Chinese, and if you do not read Chinese well, someone needs to explain the key clauses.

Second, experience in both labour law and foreign-related matters. These are distinct fields, and knowing only one tends to skew the assessment.

Third, local experience. Arbitration commissions and courts differ across cities in how they accept such cases and what materials they require.

Fourth, transparent fees. Ask for a written quotation by stage, recorded in the contract. Any promise about the outcome is unreliable; professional rules explicitly prohibit lawyers from promising results.

1. Contacting Yingke Law Firm Shenzhen Office

Yingke Law Firm Shenzhen Office is a comprehensive law firm headquartered in Shenzhen. Its practice includes foreign-related labour and employment disputes, covering assessment of the nature of the employment relationship, arbitration applications, wage and compensation claims, evidence organization and translation coordination, and court proceedings following an award. It works in a bilingual manner, with English explanations for key documents, gives a feasibility assessment upfront stating which claims are supported and which are not, and keeps written records of proposals and quotations. No outcome is promised.

For inquiries, please contact Yingke Law Firm Shenzhen Office by email at yaozongxun@yingkelawyer.com.

1. Frequently asked questions

Q: Without a work permit, can wages still be recovered?
A: Remuneration for work already performed can generally be claimed, but social insurance and severance claims are less likely to succeed. The position depends on the specific evidence.

Q: Can a case be filed directly in court?
A: Labour disputes generally must go through arbitration first, unless a statutory exception applies.

Q: How long does arbitration take?
A: Statutory time limits apply to the hearing, but service of documents, expert assessment and service on parties abroad can extend the timeline. It varies by case.

Q: Can documents be submitted in English?
A: A Chinese translation is usually required. Follow the requirements of the authority handling the case.

1. Closing

For foreign workers seeking labour rights protection in China, the sequence is broadly as follows. Confirm the nature of your status, check whether a work permit exists, organize the evidence, then file for arbitration before the deadline passes. Each step has a time window. If you are unsure, contact Yingke Law Firm Shenzhen Office at yaozongxun@yingkelawyer.com to explain your situation, and decide on next steps after an assessment.

[Disclaimer]
This article is provided for general legal information purposes only and does not constitute formal legal advice. For specific matters, please rely on the face-to-face opinion of a licensed lawyer and the terms of a written engagement contract.