Conditions for applying the order of payment to a people’s court when disputes arising from labor relations with employing units

According to Chinese law, foreigners in China can apply to a People’s Court for the order of payment when foreigners in China have disputes with employing units within the territory of China, but must meet the following conditions:

(1) The object the foreigners in China request employing units to pay must be money and negotiable securities such as bills of exchange, promissory notes, checks as well as stocks, bonds, treasury bills, transferrable certificates of deposit;

(2) The money or negotiable securities being requested to pay is due and the amount is certain, and the request has stated the facts and evidence which is based on;

(3) There is no other payment obligation between the foreigners in China and the employing units, and it means that there is no other debt dispute between them;

(4) The order of payment must be able to be delivered to the employing units.

After the people’s court issued the order of payment to the employing unit, if the employing unit does not protest it, the people’s court may compulsorily enforce the order of payment. If the employing unit thinks that there is an error in the order of payment, it can submit a written objection to the people’s court within fifteen days from the receipt of the order of payment, and the court will rule to put an end to the supervising and urging procedure, and the order of payment shall become invalid. At this time, foreigners in China may file a lawsuit.