Icon wrote:I think I saw somewhere that someone stated that as per Labor Laws, as foreigners, our work contracts must be in both Chinese and whatever common language of the foreign employee -English I guess. Can't find the key quote, though. Does anyone know if this is true?
For a contract to be valid in terms of the relationship between the two parties, all that's needed is for the two parties to understand their obligations towards each other, whether agreed orally or in writing. If there's a misunderstanding, of course it can get messy. Violating administrative requirements does not automatically invalidate civil obligations.
Employment Service Act 就業服務法
Art. 46 Par. 3:
The employer when employing a foreign worker to engage in work as referred to in subparagraphs 8 to 10 of paragraph 1 of this article [basically "blue collar"], shall execute a labor contract in writing
with the employed foreign worker and with fixed duration only; in case where it is not so fixed, the duration of his/her employment shall be deemed as the same with the duration of employment permit thereof. The foregoing in this paragraph shall equally apply in the case of extension of such labor contract.
Regulations on the Permission and Administration of the Employment of Foreign Workers 雇主聘僱外國人許可及管理辦法
Every written labor contract for a fixed term entered into and executed by and between an employer and a foreign worker in accordance with Paragraph 3 of Article 46 of The Act shall be made in Chinese serving as the origined [sic] and shall also be translated, as a duplicate, into the native language of the foreign worker’s national country.
When paying the wage/salary to type B foreign worker(s) [referring to 46.1.8 to 46.1.11 (not 10) of the ESA] in accordance with the labor contract(s), the employer shall issue and deliver to the type B foreign worker(s) and keep a copy themselves the table of wage/salary indicating both in Chinese and in the native language of the type B foreign worker(s)’s national country
stating the wage/salary actually received, the items accountable for the wage/salary, the total amount of the wage/salary, the payment method of wage/salary, the items of expenses incurred and the corresponding amount thereto about National Health Insurance premium, Labor Insurance premium, Income Tax withhold or boarding fees, worker bonus, detained amount of money under the detain order from court or administrative agents, or other items or amount directly deducted from wage according to laws. Of which copies should be kept by the foreign worker(s) for five years. [etc....]
Notice how the regulations assume that every country has one language.