China`s economy has been great developed since China joined the the WTO, which attracted a lot of foreigners to work in this country. But if the foreigners do not have work permits, are there any labor relations between the employers & employees?
My friend is an American, and he was hired by a western restaurant in the March of 2013, the monthly salary was 10,000 RMB. But in July,2013, he was fired because the restaurant came across management problems and owed him 2-month salary.
So the question is : “ Is he protected by China`s 《Labor Contract Law》?”
According to the Administration rules of employment of foreigners in China:
In our country, foreigners and citizens of Hong Kong , Macau, Taiwan apply to the administration policy of work licenses, only who obtain work permits can be protected by Chinese laws as legal labourers.
According to related law, foreigners without work permits are not legal labourers, so there may not be legal labor relations between the employers & the employees.
So, the most important point is whether your friend had obtained 《 Foreigner Work Permit 》 or not . If not, he couldn`t be protected by China`s Labor Laws.
At the same time, the employers should apply for the employment permission if they intend to employ foreigners, and may do so after obtaining employment license for foreigners.
The labor relations could be legal only when both of the employers and employees obtain related licenses!
↓↓↓ How to make work permit? Click the link below:
How To Apply For Work Permit?
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