Legal Translation can be very important for working overseas, or dealing with a visa or foreign insurance… But sometimes it’s easy to get lost with all the different types of translations. No need to worry! Here are the details.
HI-COM is an accredited expert in this field! Here are the details. In difficult times such as these with the spread of COVID-2019, legal translation can help with validating your work papers. It’s important to understand your insurance policy, and clarify the terms of your labor contract.
It is important to fully understand the meaning of legal documents and not just resort to guesswork. How to interpret all those new policies remains a challenge!
Translation of legal documents is one of the most complex, and requires the highest level of accuracy. A deep knowledge of legal systems, terminology, languages and cultural differences is necessary.
For all legal tips, HI-COM is here to help you! We can assure you that having a real professional translation can help you understand every words of your contracts.
I) Labor Contracts and Laws in the current context:
Will an employee will be paid if they cannot go to work due to the epidemic? That’s one of the question that you can ask yourself!
On 8 February 2020, the Ministry of Human Resources and Social Security of Jiangsu Province elaborated upon the application of relevant laws and policies, to answer this type of question!
Do employers have to pay wages to employees who are pneumonia patients, suspected patients, close contacts during their isolated treatment ?
- A company must treat employees who are pneumonia patients, suspected patients, close contacts during their isolated or medical treatment as having provided regular work and must therefore pay the employees’ agreed remuneration for that period.
Can a company in China terminate the labor contract with its employees, if they are Novel Coronavirus Pneumonia (NCP) patients, suspected patients, close contacts during their isolation treatment or during medical observation?
- A company may not terminate a labor contract with these employees. During this period, the expiration of the labor contract shall be extended to the expiration of the medical period, the expiration of the medical observation period, the expiration of the period of isolation or the end of the emergency measures taken by the government.
When you have bilingual employers, what do you need in terms of documents?
II) Certified translation in labor law:
Living abroad means having certain documents translated, such as your labor contract, insurance, and visa.
The translations must also be certified by a recognized translation agency which is where HI-COM can assist you.
What is a certified translation, and when do you need it in this context? A certified translation is one which fulfills the requirements in the country in question, enabling it to be used in formal procedures, with the translator accepting responsibility for its accuracy.
1. Chinese work permit
When applying for a work permit, there are several documents that need to be provided to the Chinese authorities, many of which need to be translated. Some examples of documents that need to be translated are,
- letters of recommendation from former employers,
- curriculum vitae,
- grade cards
- criminal record notes
2. Employee Handbook
When working overseas, all the documents that concern your work, such as a labor contract or Employee Handbook aren’t always translated into your mother tongue.
Such a situation is not particularly beneficial as it means they are not aware of the rules and regulations to follow especially in China, where they may vary a great deal from those in Western countries.
Therefore it is a necessity for every employer to know that their employees can understand and follow the employee Handbook, especially in situations like this.
Every China employer should have a set of rules and regulations setting out the duties and obligations of the employer and the employee.
To begin with, you may find yourself in a situation where your employee handbook is available only in Chinese. If you can’t read or understand Chinese characters, you expose yourself to unknown legal risks. Labor rules and regulations in China may be very different from what you are familiar with, so not knowing your rights and what you can or cannot do represents a legal risk.
Then, if you decide to translate your employee handbook in a language you can fully understand then you can’t be confronted with any kind of critical situation in the workplace. On the other hand, if your company has its employee handbook in English or French, but you are still working in China, it’s important to have it translated into Chinese, in the event you need it for legal reasons.
Having the Chinese version will allow your lawyers to adapt the content to the local environment as the laws also vary from one province to another. Having the Chinese version will also allow you to reduce the time needed for resolving your case.
It is the Chinese language rules and regulations that the courts will be referring to in order to determine whether or not you acted properly, and it is for this reason that the document should be written clearly and concisely (in Chinese) and for this purpose.
HI-COM is a professional translation company that can help you translate all types of important documentation in labour that cover all areas, including vacation days, rest and working time, employee evaluations, and maternity leave.
Certified translation in daily life:
There are plenty of situations where you might encounter in your daily life that might require legal translation of documents. Some of these examples are listed below.
3. Certified translation for a foreign bank loan application
As a part of a mortgage application in some countries, it’s necessary to provide multiple bank statements and payslips. However, people working in China will be required to have these documents translated. Payslips, account statements and Chinese tax records, are all required in order to obtain a bank loan. These documents must also be translated and certified by a certified translation agency.
4. Chinese Business license/Foreign Business license certified translation
When a company registered in China seeks to advertise abroad, it’s necessary to have the commercial and foreign licenses translated. For example, if you have a call for tender from a European institution, it is necessary to have the commercial license translated into the relevant European language or English. A sworn translation is required. If you need to translate your foreign business license to Chinese, a certified translation is required.
5. Registration at International Schools
Often families want their children to be immersed in an international environment, in order to learn fluent English and prepare them for their expatriate lives. One solution is to enroll the child at an international school. Here are the necessary documents needed to translate into English: proof of affiliation between parents and children, previous recommendations in mathematics, English, etc., certificate of any previous schooling (if applicable), and certificates of previous vaccinations.
6. Mixed Marriage certificate certified translation
Documentation for Franco-Chinese marriage:
The application is equivalent to civil marriage in many western countries but it is entirely administrative and there is no ceremony. It normally takes just under an hour, sometimes as little as 15 minutes.
Firstly, you should obtain the forms and complete them before attending the Civil Affairs Bureau. In some cities, there will be a special section for ‘international marriages’, which involves submitting an application with the following:
• Both: Single Status Certificate Original (for foreign citizen – issued by consulate/embassy). If applicable, finalized divorce papers or the death certificate of the ex-spouse if widowed (translated, if issued in foreign languages)
• Both: Birth certificate (for foreign citizen the birth certificate shall be translated and translation shall be notarized by the notary of the country where the document was issued)
• Both: Three official style photos of the couple together – generally, the civil affairs office provides this service.
• Both: The fee • Chinese person: Household registration book (hukou)
• Foreigner: Passport After the wedding, the marriage certificate will be translated, notarized (by Chinese notary), and legalized by the Chinese Legalization Authority). The final paper will be submitted to the Consulate/Embassy of the foreign citizen’s country for internal legalization in that country.
*As from late 2019, two foreign citizens are not permitted to get legally married in China by the Chinese authorities (with the exception of getting married in one of the consulates/embassies which varies per country).
Other family related documents that might require certified translation:
- Divorce certificate
- Prenuptial agreement
- Adoption related documents
7. Registration at a Chinese (or other foreign) University
In order to register at a Chinese university, you will need to provide some documents translated from French/English into Chinese. Certified translation is required in this case.
There is often mention of a degree in partnership with foreign universities, which can facilitate procedures. However, even within the framework of a partnership, the direct classical application is common and you may be asked to provide the translation of transcripts and diplomas in a digital format as well as the application file.
8. Driving license in China
Unlike other countries, China doesn’t recognize international driver’s licenses so if you are brave enough to want to drive in China, you will need to get a Chinese driver’s license.
For this, you will need a certified copy of your overseas driver’s license to form part of your application and will also need to pass a theory driving exam. Please find the process for obtaining a Chinese (Shanghai) license below:
9. 1000 Internships visa (China-France visa program)
This type of visa is issued to a limited number of young French students, allowing them to complete an internship in China.
With this visa, it is only possible to obtain a work permit + category C resident permit. The duration of the internship ranges from 3 to 6 months, whilst only students enrolled at a French higher education institution can apply.
France considers an intern as a trainee, whilst China considers an intern as a short-term employee – therefore, the pay is mandatory. This visa allows student travel to and from China, which makes the procedure almost as complex as that of a work visa.
First step: Send the documents toa company located in China, in order for them to translate into Chinese. The two most essential documents in need of translation is the criminal record and the internship agreement.
Next step (similar to the work visa): Registration by the company at the Labor Bureau, the visa application in France and then definitive registration after the medical tests in China, as well as the application for the Resident Permit.
HI-COM is a multilingual translation agency dedicated to providing professional translation services to businesses around the world. Contact us for your free consultation today!
If you’d like more information, feel free to get in touch as we’d be delighted to hear from you!