Last article “how to use labor contract terms and conditions to tackle china labor laws”
If you too rely on China standardise labor contract to protect your factory you are too naive. Do you think Communist Party will protect your factory or the Chinese? But you could attach an appended document behind labor contract on additional terms and conditions require by your company management. But there is a trick, you could do it legally or illegally depends on your move.
Legally means your appended document was stamped together with labor contract by the local labor authority, either stamp onto every page or 1 stamp onto every page (骑缝章). Another method is your factory rules and regulations (厂规) was put on records under local labor authority with their stamp on it, hence you could place it onto your factory notice board that your factory rules and regulations are enforced and acknowledged by the local labor law! This could pressurise your workers and easy for your management to control them.
Illegally means after labor contract was stamped by the local authority you could use your company stamp chop onto the appended document together with the labor contract, either stamp onto every page or 1 stamp onto every page (骑缝章). This method only use it in verbal explanation to the workers that your appended document was filled in together with labor contract, often use in small company whereby less people awareness before your trick is exposed!
Your appended document could be reviewed by your company lawyer or legal advisor but remember eventough you are right but without the help on connection and relationship (“china-connection-and-relationship”) is not easy for you to succeed. Another reminder always authorise your department head to sign on behalf of your labor contract to workers because this would give them responsibility to respect, follow and carry out your company rules and regulations with the protection on local labor authority in written form only, why? Because in China there is no such thing as employer bully employee but only employee bully employer, trust me!
Copyright protected by Digiprove © 2010 Cyrus Chang
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