The agreement has been changed.
Case: "My father signed an employment contract with a human resource management company last year to build a railway in a Central Asian country for two years. The original salary has been fixed, but before leaving, I changed my place of dispatch and went to Angola. I didn't sign a labor contract with the intermediary company because I was in a hurry. Although the dispatch place has changed, the salary and treatment are promised to remain unchanged. But after going, the salary given by the employer is different from that given by the human resources company. It was said that the basic salary was 7,000 yuan, even if you wait for work, but now the boss there says that you have to work to get paid, and the salary is different from what they said before. My dad thinks they have been cheated, and now he wants to go back to China, but the boss there said that he would have to pay the company 25 thousand to come back, or he could send it back after four months of illegal work. My father wants to see what will happen in four months, and he has been doing it for more than two months now. Recently, the boss reduced their wages, and my father doesn't want to work there anymore. How to deal with this problem? "
In fact, this situation is not uncommon in overseas labor dispatch. In China, it is said well, but it refuses to sign a labor contract to implement it. After working abroad, the workers find that it is quite different from the original promise. Because the overseas labor dispatch dispute is different from the domestic general labor dispute, it involves the diversification of the subject, the complexity and transnational nature of the dispute.
Contract is an important foundation.
First of all, there is a contradiction between the dispatched laborers and the overseas employers. If both parties have signed an employment contract, they can report it to the labor dispatch company or its local representative according to the employment contract signed with the employer, and ask them to negotiate with the employer according to the labor cooperation contract signed between the labor dispatch company and the employer, or participate in the negotiation to solve the problem. If an employment contract is not signed with an overseas employer, the expatriate workers still have the right to ask the labor dispatch company to assist in the negotiation. Secondly, disputes between expatriate laborers and labor dispatch companies should be settled through consultation according to the labor contracts signed by both parties. If negotiation fails, you can complain to the relevant industry associations. For example, china international contractors association is a national trade organization for enterprises engaged in foreign contracted projects and labor cooperation. Labor service personnel who go abroad can report in writing to the complaint center of overseas labor dispatch personnel in china international contractors association, or solve it through legal procedures after returning home. Thirdly, major issues that cannot be resolved according to the agreement can be reflected to the Chinese embassy (consul) for advice or help. In case of natural disasters, wars and other emergencies, overseas labor dispatch companies and China's embassies (consulates) abroad will generally take the initiative to provide assistance to overseas laborers and do their best to ensure their life safety. As long as the expatriates actively cooperate with the assistance of relevant parties and obey their rescue arrangements.
"Illegal workers" must return to China to defend their rights.
If the laborers who go abroad have not signed a labor contract with the labor dispatch company or gone through the formalities of going abroad according to the formal procedures, it will cause the phenomenon of "illegal employment". In the event of a dispute, how will migrant workers defend their rights?
In this regard, I think that if an expatriate enterprise does not have the qualification for expatriate labor services, but sends domestic laborers abroad, and a dispute arises and no labor contract is signed, migrant workers can apply to the labor arbitration committee where the expatriate enterprise is registered for arbitration and claim compensation on the grounds of the existence of factual labor relations. Expatriate enterprises have the qualification of overseas labor dispatch, but they have not signed a contract with migrant workers, nor have they gone through the formalities of going abroad formally. In case of disputes, migrant workers can negotiate with domestic and foreign dispatched enterprises, request assistance to recover from the foreign party, or they can recover from the expatriate enterprises. The parties and their close relatives can report the illegal acts of the expatriate enterprises to the relevant departments, and once the government departments intervene, it can promote the success of rights protection.
You can ask the trade union for help and don't violate foreign laws.
With the gradual strengthening of the role of trade unions, seeking the help of trade unions is also one of the ways to protect the rights of laborers going abroad, and even in some cases, the help of trade unions has played a decisive role. In particular, workers should be reminded that if they encounter disputes when working abroad, they should not take excessive actions such as besieging embassies and consulates or local government agencies, striking and marching, but should reflect their demands and solve problems in a legal and rational way. Any consequences caused by violation of local laws or contract provisions will not only harm the legitimate rights and interests of workers, but also bear corresponding civil and even criminal responsibilities for violating local laws.