:D
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This is a confusing post if the law is on your side (which would be chinese law), then chinese law cant "have you". If your in china outside of a few treaties, Chinese law is what applies.
Im also confused about your "western" lawyer, are they licensed to practice in the Peoples (inferior, intermediary, superior) courts of China?
The tribunals are a scam, the most important reason is that the tribunals decisions are not enforceable, you cant take the decision to a bank and get money from the employers account. You cant garnish/put a lien/repossess property with a tribunal decision. The worst you can do is turn it over to a law firm and have them harass the employer to pay up, most of those letters and phone calls just get ignored. The only other thing to do is go to an actual court and you could do that before the tribunal.
So the real reason for the tribunals is to give you the illusion of dispute resolution when what your doing is spending time and money in convoluted process that your very unlikely to win. The business have relationships with the people that work for and with the tribunal and those relationships arent going to be jeopardized for someone they arent going to benefit from. So you have to hire a lawyer to navigate the process, which then when you lose you have to pay more to actually go to court. The whole purpose is just to wear you down.
Im also confused about your "western" lawyer, are they licensed to practice in the Peoples (inferior, intermediary, superior) courts of China?
The tribunals are a scam, the most important reason is that the tribunals decisions are not enforceable, you cant take the decision to a bank and get money from the employers account. You cant garnish/put a lien/repossess property with a tribunal decision. The worst you can do is turn it over to a law firm and have them harass the employer to pay up, most of those letters and phone calls just get ignored. The only other thing to do is go to an actual court and you could do that before the tribunal.
So the real reason for the tribunals is to give you the illusion of dispute resolution when what your doing is spending time and money in convoluted process that your very unlikely to win. The business have relationships with the people that work for and with the tribunal and those relationships arent going to be jeopardized for someone they arent going to benefit from. So you have to hire a lawyer to navigate the process, which then when you lose you have to pay more to actually go to court. The whole purpose is just to wear you down.