¥800K in Wages Withheld : Foreign CEO Fights Shanghai Firm

Source: OT-Team(G),上海市第一中级人民法院;上海杨浦

  On March 7, the Shanghai No.1 Intermediate People's Court ruled in favor of a Spanish executive who sued his former employer for 800,000 RMB in unpaid wages.

Pablo Fernandez first came to China in 2009, and among all the cities he had lived in, Shanghai became his longest stay and second home. In 2015, he moved to the city to start a new chapter in his career.

Over the next nine years, Fernandez co-founded a company and served as its General Manager and CEO for six years. To help the business through financial difficulties, he agreed to delay part of his salary. However, in 2020, disagreements between the company's founders and investors led to operational struggles. Things took a turn for the worse in early 2023 when the company abruptly terminated his contract and withheld over 800,000 RMB in wages. Despite repeatedly reaching out to the new management via email, he received no effective response. Left with no other options, Fernandez decided to take legal action.

Facing a legal battle in a foreign country can be daunting, but the Shanghai No.1 Intermediate People's Court ruled fairly on the case. Judge Sun Shaojun from the court's civil division explained, "The employer in this case is a foreign-invested enterprise, and the employee is a Spanish national working in China. The main dispute is whether the employee's claim for unpaid wages is justified." The court, upholding the principle of equal protection for both foreign businesses and expatriates working in China, carefully reviewed the case and ruled in Fernandez's favor, ensuring his legal rights were protected.





















No comments:

Post a Comment