Is an employment contract between an enterprise and a foreigner who has not obtained a work permit valid?
2023-08-24
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Is an employment contract between an enterprise and a foreigner who has not obtained a work permit valid?
Invalid! If a foreigner signs a labor contract with an employer in China without applying for an Alien Work Permit, the two parties cannot be considered to have a labor relationship, and any dispute between the two parties shall be handled in accordance with the labor relationship.
Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (4), foreigners and stateless persons who have not obtained an employment document in accordance with the law to enter into a labor contract with the employer in China, as well as residents of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan who have not obtained an employment document in accordance with the law to enter into a labor contract with the employer in the mainland, the parties The people's courts shall not support a request to confirm the existence of a labor relationship with the employer.
Where a foreigner who has obtained an Alien Work Permit establishes an employment relationship with an employer in China, this may be recognized as a labour relationship.