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Foreigner Sued for Contract Breach for Personal Reasons

08/02/2024
in Blog
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On July 29, the Zhongshan District Court in Dalian, Liaoning Province, announced that it had recently accepted a labor dispute case involving a foreigner.

The case began when a school in Dalian signed a labor contract with a foreign teacher. Disagreements emerged during the execution of this contract, prompting the school to file a lawsuit against the teacher. As the foreign teacher was new to China, she was unable to present her defense in Chinese. Under Chinese law, foreigners without a domicile must obtain notarized certificates and authentication from the Chinese Embassy or Consulate in their home country to hire a lawyer, significantly increasing litigation costs and procedural challenges for foreigners.

After receiving the case file, presiding Judge Kou Zhixiang promptly reached out to both the school and the foreign teacher to understand the circumstances. The teacher, who was from South Africa, had come to China for the first time to work as an English teacher in Zhongshan District, Dalian, through an agency. She was unable to continue working due to her husband’s death and her two children’s illnesses, leading to the labor dispute with the school.

Given the clear facts of the case, Judge Kou Zhixiang sought to reduce litigation costs and resolve the dispute through mediation. Addressing the main points of contention, Kou provided case analysis and guidance to both parties to help them reach a proper resolution. Ultimately, the school withdrew the lawsuit, and the foreign teacher agreed to further negotiate with the school, leading to an amicable resolution of the case.

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