因个人问题引发的外国人合同纠纷

上海外事商务咨询中心 2024-08-22 12:51:38

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

7月29日,辽宁省大连市中山区人民法院宣布,该院近日受理了一起外籍劳务纠纷案件。

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.

该案件起源于大连一所学校与一名外籍教师签订了劳动合同。在合同执行过程中出现了争议,导致学校将外籍教师告上法庭。

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.

由于该外籍人士刚到中国,她完全无法用中文表达自己的辩护,根据中国相关法律,没有在中国有住所的外国人需要申请公证并由中国驻该国大使馆或领事馆认证,才能聘请律师,这无疑增加了外籍人士的诉讼成本和程序负担。

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.

收到案件材料后,主审法官寇志祥及时联系了学校和外籍工人了解情况。这名来自南非的外籍人士第一次来到中国,通过一家中介在大连市中山区找到了一份英语教师的工作。由于丈夫去世和两个孩子生病,她无法继续工作,导致了与学校的劳务纠纷。

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.

鉴于案件的明显事实,法官寇志祥旨在通过调解降低诉讼成本并实质性地解决争议。寇法官针对争议的关键点提供了案例分析和双方的答案,引导他们走向正确的解决方案。最终,原告撤回了诉讼,外国人同意与学校进一步协商,从而使案件得到了友好解决。

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