Pensions for foreigners? (2020)

Why does everyone keep saying we don’t get pensions??

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Single ARC holders don’t get pensions as far as I know which should be rectified. APRC holders are supposed to but so many companies refuse to pay into the scheme even though they are legally required to.

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I never had an APRC for any of my qualifying work years.
I didn’t even have a JFRC for 2/3 of them, and it didn’t matter.
There was some question with some early employers, but again, it didn’t matter as long as I was legally employed, like any regular local.

If one can’t qualify because they weren’t even legally employed, well, that would be the same in any country, no?

Private international schools are exempt from paying a pension at all. They are exempt from the labor act. It’s messed up but true. They follow the private schools act. Schools like TAS don’t have to pay it either but choose to.
I have my APRC and and married to a Taiwanese.

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I think I’m confusing things with Laobao. I thought laobao was mandatory to be paid in by all companies if one is on an APRC? Private international schools get an out?
Other than them though everyone else needs to pay in, such as a private buxiban?

They do. The law says they have the option. My old school told me the only way I’d get it was if I signed a new contract which lowered my pay by the deduction amount. Ridiculous.

Correct

Thanks for that, learned something new.

That may well be the case, but that’s clearly your choice. The same would be true for a local person who filled your position.
If I were in Canada and did all my work under the table, it would be fallacious of me to go online and say I was being discriminated against because I couldn’t collect pogey.
Your earlier post of:

Is pretty misleading, since you very clearly can get a pension.
Especially in the spirit of this thread, one aim of which is to highlight actual discriminatory policies, of which there are plenty.
Just saying.

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I disagree. A large number of schools do the same thing and it’s legal. With my qualifications, the vast majority of jobs do the same thing

False. Several local people I worked with get the full pension. The law allows them to withhold from all foreigners regardless of residence status.

I have never worked under the table

Not misleading at all. For a job in my field, I am not able to get a pension. To receive it, I would need to accept a cram school job at a significantly lower pay and different job altogether.

What’s also not misleading is that there private school act allows for this to happen.

This is actual discrimination FYI

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No it isn’t.
FYI

That’s very troubling, is that an exemption for private schools only ? There’s an actual ‘private schools act’?

Have you encountered that ? I’ve not encountered a problem with laobao payments and I’ve had quite a lot of jobs with local companies over the years.

It may be something specific to the educational industry .

Do employers have to pay laobao if under a certain amount of hours ? I remember some were careful not to let my hours go over 16 hours because of mandatory jian bao.

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Yes it is.
Even if it is legal (which is not assured ), it’s still full on discrimination.

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Yes, me and other coworkers have been to several government agencies. It seems private schools lobbied to get their own legislation which means they aren’t bound by the labor laws regarding ARC or APRC holders. The labor board has confirmed this.

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It was more that they had no idea that they were required to pay into it. I think they see so few APRCs since most people leave after a year or two.
My biggest problem of late is companies that state the company policy is that you must be a citizen to get hired, HR says no APRCs (non buxi related)

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the pension became mandatory for foreign spouses recently, then APRC holders very recently. I don’t remember I heard that it became mandatory for non spouse ARC holders.

Half of my qualifying years were as a non-spouse work-based ARC holder.

emplpyers can add non spouse foreigners, but it is not mandatory. For citizens, foreign spouses, and APRC holders, pension is mandatory.

So if you are entitled to the pension at the end of your career and the company refuses to pay, what then? Going to court? How are the chances there? Has anyone done this?

Just asking for a friend…

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Legal aspects in Chinese

The date is 5 yrs ago, so there can be some differences.

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