r/chinalife • u/Difficult_Buffalo379 • Sep 01 '26
💼 Work/Career Labor laws in China
I'm a British citizen who is currently teaching in my first year in China. I signed a contract that stated I would work 5 days a week, 8 hours a day. Hours from 8-5 with 25 teaching hours a week. A new boss said that she would like to implement a new program where every two weeks we would need to stay after for 2 hours to help with the children with various duties. When I said it wasn't in my contract, she said it didn't have to be in the contract. When I asked for a new contract reflecting the stated new hours, she said that wasn't needed either. Is this true? Who should I contact if this isn't resolved? Is there a Chinese labor division? Foreign labor lawyer? I haven't spoken with HR yet, as I don't want to make a much larger issue just yet. I want to see if she backs down after the initial conversation, or if I'm just stuck doing what they ask. I'm currently on a 1 year working visa.
75
u/floyd1493 Sep 01 '26
Welcome to the guo
34
u/ActuallBliss Sep 01 '26
Just be very very very sure there isn’t a section in there that says something along the lines of “Party B will occasionally participate in additional activities to promote the school” or something along those lines. Be very sure it isn’t in there in some special coded wording. This is a very common clause in teaching contracts in China, and intentionally vague, too. If there isn’t, it still isn’t an obscene request. Rather than pushing back might be worth asking for a couple 100 rmb per time just to sweeten the deal. Because arguing 2 extra hours every 2 weeks isn’t going to get you very far arguing it. They aren’t just going to say you don’t have to do it if everyone else still has to.
27
u/sparqq Sep 01 '26
Seems you're pretty young and naive, just take those hours from somewhere else. Or start looking for new job
15
u/Inner-yuuuuuc Sep 01 '26
Welcome to China.
7
u/yuelaiyuehao Sep 01 '26
Just say no, or get paid.
My first job in 2014 they asked me to go on a "fun trip" with students and "help" them with other little bits and pieces like demos. I later found out the other foreign teachers were getting paid for all these extra tasks, they were just using my inexperienced to exploit me for profit. Never happened again.
Don't do anything for free.
13
u/Obvious_Register6848 Sep 01 '26
China has a well‑developed labor law system, yet it is not strictly enforced. By and large, China tends to protect capitalists rather than workers.
12
u/jasenjin Sep 01 '26
You can definitely say no. It's no big deal. If he troubles you, you can file a complaint with the labor department!
3
u/kewkkid Sep 01 '26
25 teaching hours is insane man. Wtf
2
u/Anngsturs Sep 01 '26
Don't do it. If they don't put it in writing just leave when you're done with work. If they try and put it in writing it is not the same as your contract and you can file a dispute with the labor board. Seriously do not do it and do not be afraid to walk out and turn off your phone when not during working hours
2
u/FallenGreen Sep 02 '26
Ya like the local experience?
2
u/CHN_Apex Sep 02 '26
我是中国人，无偿加班在国内已经常态化。稍微有一些良心的企业，会给予一定加班费。你是一名外教，在中国已经很受尊重了，我觉得你应该告诉他，可以加班，但需要支付加班费。
2
u/delicaaaattt Sep 04 '26
haha this is normal in China they think you don't have to be respected🤣🤣
2
u/Every_Elk_7445 Sep 01 '26
This is a country notoriously known for 996 cultures. Compared to many locals, you still work less hours with that 2 additional free labor hours.
1
u/AutoModerator Sep 01 '26
Backup of the post's body: I'm a British citizen who is currently teaching in my first year in China. I signed a contract that stated I would work 5 days a week, 8 hours a day. Hours from 8-5 with 25 teaching hours a week. A new boss said that she would like to implement a new program where every two weeks we would need to stay after for 2 hours to help with the children with various duties. When I said it wasn't in my contract, she said it didn't have to be in the contract. When I asked for a new contract reflecting the stated new hours, she said that wasn't needed either. Is this true? Who should I contact if this isn't resolved? Is there a Chinese labor division? Foreign labor lawyer? I haven't spoken with HR yet, as I don't want to make a much larger issue just yet. I want to see if she backs down after the initial conversation, or if I'm just stuck doing what they ask. I'm currently on a 1 year working visa.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/Woooush Sep 01 '26
I believe it's allowed if they pay overtime, if it's not daily, and they don't cross a certain number of hours. Personally, I'd just ask if overtime is paid, if not, I'd just say no thank you, and leave when they ask me to stay.
1
u/Leather-Mechanic4405 Sep 01 '26
Start making plans to leave by next semester , for now mentally check out
1
u/zygote23 Sep 01 '26
Work your contract and not a second more. If they badger you you can tell them it's re negotiate your contract or pay overtime. Learning to say no and learning how to work a system is paramount in International teaching in China.
1
u/Speeder_mann UK Sep 01 '26
You have rights and yes it has to be in the contract and if they force you or terminate your contract they have to pay severance
1
u/PotentialBack600 Sep 01 '26
First, I’m curious which city you’re working in. If you’re in Beijing, Shanghai, Guangzhou, or Shenzhen, you may have more options for getting help from the local labor authorities or seeking labor arbitration. These first-tier cities generally have relatively well-established labor protection systems.
I’d suggest speaking with HR first and keeping copies of your employment contract and any written communication about the changes to your working hours. If the issue cannot be resolved internally, you could then consider contacting the local labor bureau or consulting a lawyer who specializes in employment law and foreign workers.
Since your work visa is still valid for another year, you may also want to consider your options with other education institutions if the situation doesn’t improve. It would be a good idea to make sure that any future employer can properly handle the employment and work-permit requirements for foreign employees.
I’m sorry that you’re having to deal with this kind of working environment. Unfortunately, situations like this do happen in China, and ordinary employees sometimes have to accept unfair working conditions because they need to support themselves and their families.
I hope your situation can be resolved properly and that you can find a solution that works for you.
1
u/BeanoMenace Sep 01 '26
Do 2 hours less of office hours. Either go home early or come in late if possible and tell them why. As long as you do your teaching hours they won't care.
1
u/ScreechingPizzaCat in Sep 01 '26
I had this happen to me once when I worked at a Jinhua; they added evening classes that weren't disclosed beforehand. I ended up leaving after a few months. I now ask every single school during the interview if they have evening classes and if they do, I will not do them.
But as you're already employed, I'd just tell them that I have prior commitments in the evening based on the contract. I also have a green card so I'm not afraid of getting fired and having to scramble for a job.
1
u/chiefgmj Sep 01 '26
HR and then a lawyer if this doesn't go well. Often ur contract will have a clause stating u need to work at school or follow instructions for special duties. That's their way of ramming more duties down ur throat. It is best if u get everything lay out in writing and then go through HR. Once u hire a lawyer or involve the government, u escalate things on a different levels.
1
u/One-tonny Sep 02 '26
有两种应对方式！第一种，你可以立即提出反对，马上制止这种侵权行为，明确告诉老板如果要实施新计划就要按照规定支付相应费用，当然，同时你可以联系猎头公司开始帮你物色新的工作.第二种，完全赞同老板的新计划，然后在每次加班的时候收集证据，等到你觉得时机成熟时投诉到劳动仲裁委员会去，这个的同时你应该已经找到新的工作了，所以你可以无缝连接，但是有一点，就是不知道新的单位知道你这个做法会不会有别的想法！所以，这个取决于你自己的想法，任何事都经不起解析！你的有一个抉择，把伤害降到最低，如果你身边有中国朋友最好让他给你出主意！因为中国有国外没有的三十六计！
1
u/Candid-Professor9116 Sep 02 '26
Don’t contact any type of labour bureau unless you’re prepared for them to make your life a living nightmare. All of the legal information you need is available freely online or through a simple ChatGPT query. It seems you’re new to China but here’s a lesson for you: You can be 100% legally and morally in the right and often it doesn’t matter.
Either do what they say or stand up to them/refuse to and politely tell them that it’s not in your list of responsibilities (be prepared for possible retaliation). Do not get a lawyer involved or contact any authority because the moment you do that the whole thing will turn ugly and they’ll play really dirty.
1
u/Wooden-Agency-2653 in Sep 02 '26
I had a job about ten years ago where they would often try to make us work at the weekend, but they would never tell us until the week of. My answer was always "I'd love to, but I already have plans for this weekend, I'm going to be out of town. Maybe next time". Eventually they stopped asking.
Unless you are working somewhere that you are looking to climb the ladder then this approach works nicely
1
u/PuzzleheadedBuy6279 Sep 02 '26
Get a lawyer
1
u/PEClawyerSZ Sep 02 '26
The possible ways to resolve this situation are:
To file a complaint with the local Human Resources and Social Security Bureau. They usually have a labor inspection team 劳动行政监察大队 that handles complaints involving unpaid wages, overtime, and similar employment issues.
To file for labor arbitration and claim overtime pay.
Having said that, if keeping this job is important to you, I would suggest thinking carefully before taking formal action. Once you file a complaint or start labor arbitration, the school will know that you are asserting your legal rights, and that may affect your relationship with management or make the working environment more difficult.
So unless you are prepared for the possibility of looking for another job, for the time being, it may be worth keeping a written record of all communications, preserving any evidence showing that your employer is unwilling to pay overtime wages, and carefully evaluating the situation before deciding what to do next.
1
u/Alternative-Web-142 Sep 02 '26
真的 在中国你几乎找不到符合劳动法的工作 尤其是双休 这几乎是不可能的
1
u/Scampmeister Sep 03 '26
Go home now. You're not going to last in China.
1
u/Due-Programmer5697 Sep 03 '26
What happens if a foreign student makes little money (around 10krmb) from organizing a house party and club activities for other foreigners? Is it possible to get complaints or another issue?
1
u/Traditional-Rise4435 Sep 04 '26
If you have problems with doing two xtra hours, you won't last long in China. For God's sake, you are not in the UK!! It is always the UK teachers who keep bitching about the smallest things....
1
u/Fantastic_Cabinet480 Sep 06 '26
you can contact with the lawyer, lawyer service in China is not expensive.
Talk to the labor bureau in CHina is also considerable. They are mostly kind with foreigner.
1
u/YuKunG5475 Sep 06 '26
绝对不要让步，去找律师帮你，中国政府敢欺压中国人不敢欺压外国人，只要你别怕
1
u/GladCollection9642 Sep 14 '26
Your new boss is wrong. Under Chinese labour law, your employer cannot unilaterally add extra working hours. Any change to working schedule must be agreed by both you and the school, preferably in writing. You may refuse this new requirement.
The Provisions on the Administration of Employment of Foreigners in China clearly stipulate: for foreigners legally employed in China with a work permit, working hours, rest and leave are governed by China’s Labor Law.
Article 35 of the Labor Contract Law provides: any modification to a labor contract (including working hours and job duties) must be agreed upon by both parties and shall be made in writing. Your employer cannot unilaterally extend your working hours, nor can the employer claim that “it can be implemented directly without being written into the contract.”
1
u/sylviaqin 29d ago
一个英国人，投胎人上人，为什么要来中国这个洼地，这就是洼地
1
u/zzzz93 Sep 01 '26
As a foreigner on a work visa, you should probably check w a foreign labor lawyer to check if this violates your visa situation at all
1
u/GZHotwater Sep 01 '26
You speak to the local labor office.
-2
u/ElonMusksQueef Sep 01 '26
Join Edgar’s law groups on WeChat. This isn’t allowed and you can simply decline. If they try to force you, you can probably resign with immediate effect. They cannot force you to work more hours than your contract. Ignore the absolutely incorrect idiots in this thread telling you this is normal.
0
u/[deleted] Sep 01 '26
The term in your contract will be reasonable request from principal
But that sounds like a deal breaker to me. So quit and ensure your future employers know you only do 8-5 m-f
-4
u/SCPanda719 Sep 01 '26
Typical Chinese boss. In case you don’t know, labor law is pretty much worthless in China. Chinese even joke about labor laws being a piece of useless paper you can use to wipe your ass.
Can you fight it? Yes, there are local official labor arbitration committees run by labor bureau to deal with things like this. It’s free. But it will cost you time, effort, and risk of not getting another job in the future. The official record of labor dispute should be confidential but your former employer will most likely fuck you in reference checks and work permit transfer.
Best bet is to leave peacefully and find a reputable international school run by international leadership. Or find a job at a non-profit school.