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Court unveils new rules

Property owners who usurp public facilities in communities can be sued while expatriates working in the city, no matter whether they have work permit, are entitled to take their employers to court in case any labor disputes arises.

Those are some of the new regulations announced yesterday by the Shanghai Higher People's Court, following "a sharp increase" in house property management and labor dispute cases.

With a rapid increase in houses property ownership, many property owners' committees are established to oversee property management and service. Until the new regulations, there's no provisions or regulations to follow when there arise disputes between the property owners and owners' committees, or between property owners and property management firms.

Up to yesterday, when a property owner illegally embezzled public greenland to build a personal flower house, all the owners' committee can do is plead with the property owner.

"Now, the higher court is empowering owners' committees with plain-tiff rights, allowing them to file law-suits against those violating public interests," according to Qi Qi, the court's vice director.

The new rules also require property management firms to shoulder duties, including supervising security guards and ensuring safe use of public facilities.

"An increasing number of property owners have taken property management companies to court for cases ranging form stolen cars, house burglary to being injured in the lift or corridor at night," said Sheng Yongqiang, chief of civil court at the higher court.

Labor cases are another hot issue. Officials said nearly one-third of some 6,000 appeals a year at intermediate courts are labor disputes.

The new rules focus on illegal employment of foreigners. Under existing provisions, expatriates must obtain work permit from the city labor department or hold a working visa if they want to have a job in the city.

Before the promulgating of the new regulations, the city's arbitration committee for labor disputes cannot accept a labor dispute case if it involves expatriates without working permit. Meanwhile, the courts only rule on labor cases when the two parties involved in the case object the arbitration verdict.

The courts will accept labor cases directly, and not wait to rule because of failed arbitration efforts.


Shanghai Daily news


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