Provisions on foreigners in China applying for arbitration for labor disputes with their employing units within the territory of China

According to the Law on Labor Dispute Mediation and Arbitration, if foreigners in China apply for arbitration, he shall apply within one year from the date he knows or should know that his rights are infringed. The one year limitation period for arbitration here shall be interrupted, as foreigners in China claim their rights against their employing units or request to the relevant authorities for remedy, or the employing units agree to fulfill their obligations. The limitation period for arbitration shall be calculated anew from the time of interruption. Where due to force majeure or other justified reasons, foreigners in China are unable to apply for arbitration within the one year limitation period for arbitration, the limitation period for arbitration shall be suspended, and the limitation period for arbitration shall continue to calculate from the date when the reasons for suspension are eliminated. During the duration of labor relations, where a dispute arising from default in payment of labor remuneration by employing units, the application for arbitration shall not be restricted to the one year limitation period for arbitration. To apply for arbitration, foreigners in China shall submit a written application and submit copies of application according to the number of the respondents.

According to Chinese law, where foreigners in China apply for labor dispute arbitration, the arbitration tribunal will apply the Arbitration Law and the Law on Labor Dispute Mediation and Arbitration.