Mediation in accordance with the law promotes harmony and resolves foreign disputes
On September 11, 2025, the Yiwu Labor and Personnel Dispute Arbitration Court successfully mediated a foreign-related labor dispute case, involving a Brazilian businessman Abdul, who did not sign a written labor contract with employee Wu due to insufficient understanding of Chinese labor laws and regulations. After the arbitrator patiently mediated in accordance with the law, the two parties finally reached a settlement, and the employer paid the corresponding wages and the difference between twice the wage difference of the unsigned labor contract, and the case was successfully resolved.
In this case, employee Wu filed a claim for payment of unpaid wages and double wages during the period when the labor contract was not signed because the employer did not sign a labor contract with him. After accepting the case, the arbitrator learned that Abdul, the person in charge of the employer, was from Brazil and had a different understanding of the Labor Contract Law of the People's Republic of China and other relevant provisions, and did not deliberately evade legal obligations. Based on facts and law, the arbitration court actively organizes communication and mediation between the two parties from the perspective of optimizing the business environment and promoting harmonious labor relations.
During the mediation process, the arbitrator explained in detail the relevant provisions of Chinese labor law on the conclusion of labor contracts, payment of wages and the responsibility of the employer, and helped Abdul understand his legal obligations. At the same time, he also explained to employee Wu the legal way to realize his rights and interests and the advantages of mediation efficiency. After several rounds of negotiations, Abdul agreed to pay Wu's salary and double the salary difference, and Wu also expressed understanding, and the two parties finally signed a mediation agreement.
Since the beginning of this year, the Municipal Human Resources and Social Security Bureau has actively built a working mechanism for the settlement of foreign-related labor disputes in the field of international trade in Yiwu, and the department has jointly issued the "Implementation Opinions on Building a New Mechanism for the Settlement of Foreign-related Labor Disputes in the Field of International Trade", and established a mediation mechanism for foreign-related labor disputes. The successful handling of foreign-related labor dispute cases not only effectively protects the legitimate rights and interests of workers, but also enhances the awareness and trust of foreign businessmen in China's labor legal system. In the next step, the labor arbitration department of the Municipal Human Resources and Social Security Bureau will rely on professional legal services and flexible dispute resolution methods to provide a strong guarantee for the city to create a fair and efficient international business environment.