4.
Q:
The employer said they will hold my passport or work permit for management purposes, is it ok?
A:
No, it’s not OK at all, either the passport or the work permit is your personal identity card, no one is entitled to keep them.
Article 9
of the
《Labor Contract Law of the PRC》
has made it very clear: “
Where an employee is hired, the employer may not detain the identity card or other certificates thereof, nor may it require a guaranty or collect property from the worker under any other reason
.”
5.
Q:
How can I make sure my employer has paid individual income tax for me properly?
A:
According to related tax laws, employers are the withholding agents for individual income tax of their employees. It means that the employers shall deduct the individual income tax in line with the law before they pay salary (after tax) to the employees. The good thing is, each taxpayer can check their tax record at the local tax bureau. You may take your original passport and pay a visit to the tax bureau in the district where your employer is located in and have your tax record printed out.
6.
Q:
I find that many of the provisions in my employment contract are not in line with the labor laws, and the employer said the signed contract is binding. What can I do?
A:
Generally speaking, a signed contract is binding, but this necessitates that its provisions are legal. So, if the provisions in your employment contract are illegal or not in line with related laws, the provisions or even the employment contract is not valid, thus is not binding at all.
However, despite the fact that the provisions in the labor laws are very detailed, still there are some options for both of the party. So, our suggestion is: read through the employment contract before you sign it and make sure you understand each provision and make sure each of them is in line with the applicable labor laws.