Foreign Employee Wrongful Termination Case · 外籍员工违法解雇案
Shanghai Labor Arbitration Commission / 上海市劳动仲裁委员会 · 2023-09-15
A British national employed by a Shanghai tech company was terminated without cause after 3 years of service. The arbitration commission awarded severance pay of 6 months' salary plus compensation for illegal termination.
The claimant, a British national, had been employed as a software engineer at a Shanghai-based technology company since January 2020. On August 1, 2023, the company issued a termination notice citing "business restructuring" without providing any prior notice or severance package. The claimant had a valid work permit and residence permit at the time of termination.
The arbitration commission ruled that the termination was unlawful as the employer failed to provide a legitimate reason and did not follow proper procedures. The company was ordered to pay: (1) severance pay of 6 months' salary (¥180,000); (2) additional compensation equal to double the severance pay for illegal termination (¥360,000); (3) unpaid wages for the notice period (¥30,000).
一名在上海科技公司工作了3年的英国籍员工被无故解雇。仲裁委员会裁定公司支付6个月工资的经济补偿金及违法解除劳动合同的赔偿金。
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Visa Types for Foreigners
Article 12 · 外国人签证类型
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Foreign Employee Wrongful Termination Case
外籍员工违法解雇案
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Written Employment Contract Requirement
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