Shanghai's Labor and Social Security Bureau has warned
expatriates to make sure they have a work permit before taking a
job in the city, otherwise they will have no way to protect their
labor rights.
The Shanghai Daily reported the bureau's advice after a
German musician found he was not entitled to their help when the
club he worked for unilaterally terminated his employment.
Rolf Becker signed a contract with Club Shanghai, a restaurant
on the fourth floor of the Shanghai Concert Hall, on December 16 to
work as musical director for its large orchestra.
Becker said the club managers promised to apply for a work
permit for him but said it would take about one month to get
materials ready and have the permit finally granted.
"My husband soon prepared all the personal materials, such as
the visa and medical certificates," said his wife, Amira Becker.
"But they just didn't do their part."
Last month, Becker asked to take a day off to see the dentist
about a toothache. He said he notified his manager about it at 5
PM, three hours before he was to begin work.
A few days later, however, his boss dismissed him, saying he had
left work without formally applying for a leave of absence. He was
told his contract would be terminated two days later on January
19.
"We can't understand such a sudden contract termination with
such unacceptable reasons," Becker's wife said. "Even if my husband
was fired for a proper reason, the club should give him one month's
notice and pay him a month's salary as severance."
Joyce Yu, an assistant manager at Club Shanghai, insisted that
it was Becker who first violated the contract by repeatedly leaving
work early. Therefore the club doesn't have any responsibility to
pay compensation, she said.
Yu said the permit application was delayed because the top boss
was out of town, so the club couldn't get the required materials
ready.
The German couple turned to the local labor arbitration
department for help but were rejected.
Zhang Yuan, a bureau official, said that only expats with a
government-granted work permit are covered by the city's labor
regulations.
(Shanghai Daily February 8, 2005)