Are you a foreigner working in China?
If so, do you know the relationship between you and your employer? Many readers would give me an answer quickly and almost spontaneously, “yes, of couse, the employment relationship.” Bingo. but do you know if the classification of employment relationship in China? They are respectively the “pinyong”(聘用）, “lao dong”（劳动）and “hetong”（合同）.
Usually, a foreigner would not be in “pinyong” relationship with the employer. It is becuase only those work in public institution can sign “pinyong” contracts with the employer, such as hospital, university and some governmental agencies. Some foreigners in colleges or university just argued here，”I am working in a school, and am I not in pinyong relationship with the school?” Definitely not. Just remember that only those with Chinese nationality can form “pinyong” relationship with their employers. And “pinyong” is a very special labor relationship. The treatment to people who in “pinyong” is pretty similiar to that to governmental official. It is kind of lifelong tenure.
For most foreigners working in China, only two labor relationship will be involved, “laodong” and “hetong”. “Lao dong”(劳动) can be literally translated into “labor”. However, “Laodong” is a smaller conception than the “labor”. Ususally, according to Rules on the Administration of the Employment of Foreigners in China, those holding Foreigner Employment Card are in “laodong” relationship with employers. In event of any dispute between a foreigner with such a card and the employer, the dispute shall be governed by Labour Law of the People’s Republic of China and and Labor Contract Law. Therefore, the arbitration is a must step and if one party want to challenge the award, he coulf sue in the court with jurisdiction.
The last one is “hetong” relationship. “He tong” is Contract（合同）. But here it specificly refers to the standard contract issued by the State Administration of Foreign Experts Affairs, which is especially made for the expert foreingers holding Foreign Expert Card and working in universities and research institute or other cultural and educational organizations. In case the foreign experts are in the disputes with such schools or organizations, they also have to go through arbitration process firstly under Measures for the Administration of Foreign Cultural and Educational Experts Employment Contract. But when the tribunal or the court hear the case, the governing substantial law is not Labor Law or Labor Contract Law. All the compensatiion will be based on the contract itself, that is to say, Contract Law governs.
All in all, before you challenge, it is essential to know which kind of labor relationship you are with your boss! It just affects the amount of money you would get.