Unpaid Salary in China: Foreign Employee's Guide to Recovery

Your employer hasn't paid your salary. As a foreigner in China, you might feel powerless, but Chinese labor law protects you too. Here's how to recover what you're owed.

Your Rights Under Chinese Law

Foreign employees have the same wage protection rights as Chinese employees:

• Salary must be paid monthly
• Payment cannot be delayed without valid reason
• Employer cannot withhold wages arbitrarily
• You can claim compensation for late payment

Step 1: Document Everything

Gather evidence before taking action:

• Employment contract
• Salary payment records (bank statements)
• Work permit and residence permit
• Communication about salary (emails, WeChat)
• Attendance records
• Any written promises about payment

Step 2: Communicate in Writing

Send formal written demand:

• State exact amount owed
• Reference contract terms
• Set deadline for payment
• Keep copy of all communications

Step 3: Labor Bureau Complaint

File complaint with local labor inspection bureau:

• Free to file
• Bureau can investigate and order payment
• Can impose penalties on employer
• Faster than arbitration for clear-cut cases

Step 4: Labor Arbitration

If informal methods fail, file for labor arbitration:

• Must file within 1 year of dispute arising
• Free for wage claims
• Decision usually within 45 days
• Binding unless appealed to court

What You Can Claim

• Unpaid wages
• Overtime pay
• Unpaid bonuses (if contractually guaranteed)
• Economic compensation (25-100% additional)
• Severance if you resign due to non-payment

Special Considerations for Foreigners

Work Permit Issues

If your employer hasn't paid and you want to leave:

• Your work permit is tied to employer
• Employer should cancel/transfer permit
• If they refuse, you may need legal help
• Don't overstay your visa while resolving dispute

Language Barriers

• Arbitration proceedings are in Chinese
• You can request interpreter
• Documents should be translated
• Consider hiring bilingual lawyer

If Employer Has No Money

Unfortunately common situation:

• Winning arbitration doesn't guarantee payment
• May need to apply for court enforcement
• Court can freeze employer's assets
• If company is insolvent, recovery is difficult

Prevention Tips

• Research employer before accepting job
• Get clear written contract
• Monitor payments monthly
• Act quickly if payment is late
• Keep copies of all documents