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Prohibition on the seizure of personal documents and belongings from foreigners by Chinese employers: law, fine, punishment

In accordance with Article 9 of the Law of the People's Republic of China "On Employment Contracts" dated January 1, 2008:

 

"Employers shall not confiscate workers' identification cards and other certificates, nor shall they require workers to provide guarantees or recover property from workers in a different name when hiring workers."

 

Punishment for employers for the above actions is provided for in Article 84 of the Law of the People's Republic of China "On Employment Contracts" dated January 1, 2008:

 

“Employers who violate the provisions of this law by withholding employee identification cards and other documents must be ordered by the Labor Affairs Department to return to the employee all seized items within the prescribed time limit and will be punished in accordance with relevant laws and regulations.

 

If an employer violates the provisions of this law and collects property from an employee, the Labor Administration Department shall order the employer to return everything seized to the employee within the prescribed period and impose a fine of not less than 500 yuan, but not more than 2,000 yuan per person; in case of damage, it is subject to compensation.

 If the worker terminates the employment contract in accordance with the law and the employer seizes the worker's papers or other items, he shall be punished in accordance with the provisions of the preceding paragraph."

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