Can a foreigner who does not have an employment permit claim economic compensation from the employer?
2023-08-24
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Can a foreigner who does not have an employment permit claim economic compensation from the employer?
Generally not. According to article 5 of the Regulations on the Administration of Foreigners' Employment in China, "An employer employing a foreigner must apply for an employment permit for the foreigner, and may employ him only after obtaining approval and a Certificate of Permission for the Employment of Foreigners in the People's Republic of China (hereinafter referred to as the Permit Certificate)".
The foreigner provided labor activities in China, and although the company did not purchase social insurance for him, his claim for economic compensation in accordance with the law was not supported, as he had not applied for an employment permit and was employed in violation of the law.