The situation: A foreign employee wants to claim their rights through the Chinese labour arbitration system after failing to reach a friendly settlement.
Applicable law: Labor Dispute Mediation and Arbitration Law (2008): arbitration is a mandatory prerequisite before going to court in most disputes. An arbitration application must be submitted within one year of becoming aware of the violation. The committee rules within 45 days (extendable by 15 days). Attendance: the employee (or their representative) and the employer. The decision is binding on both parties except in exceptional cases that can be challenged in court.
Typical outcome: Submitting the application form with the employment contract, payslips and evidence of the violation to the Arbitration Committee in the municipality where the work takes place.
👷 Labour disputes · Awareness case
Labour Arbitration Process in China — Step-by-Step Procedure From Start to Finish · Yalla China
🤝 Governing law: 劳动争议调解仲裁法 / Labor Dispute Mediation and Arbitration Law 2008
A foreigner has a labour dispute with their employer in China and wants to go to arbitration. How does the process start and how long does a ruling take?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: Keep every document relating to the employment relationship. Labour arbitration is free in China and does not require a lawyer for simple hearings, though professional advice is recommended.
🕒 Updated: 16 March 2026