Foreigner Sued for Contract Breach for Personal Reasons, Then。。。

Source: OT-Team(G),大连市中山区人民法院

  On July 29, the Zhongshan District Court in Dalian, Liaoning Province, announced that it had recently accepted a foreign labor dispute case.

  The case originated when a school in Dalian signed a labor contract with a foreign teacher. Disputes arose during the contract's execution, leading the school to sue the foreign teacher in court. 

  As the foreigner was new to China, she was completely unable to express her defence in Chinese, and according to the relevant Chinese laws, foreigners without a domicile are required to apply for notarised certificates and authentication by the Chinese Embassy or Consulate in the country to hire a lawyer, which undoubtedly increased the litigation costs and procedural burdens for the foreigners.

  Upon receiving the case file, presiding judge Kou Zhixiang promptly contacted both the school and the foreign worker to understand the situation. The foreigner, from South Africa, had arrived in China for the first time and found a job as an English teacher in Zhongshan District, Dalian, through an agency. She was unable to continue working due to the death of her husband and the illness of her two children, leading to the labor dispute with the school.

  Given the clear facts of the case, Judge Kou Zhixiang aimed to reduce litigation costs and substantively resolve the dispute through mediation. Addressing the key points of contention, Kou provided case analysis and answers to both parties, guiding them toward a proper resolution. Eventually, the plaintiff withdrew the lawsuit, and the foreigner agreed to further negotiate with the school, resulting in an amicable resolution of the case.