No Legal Cognizance Of Foreign Labor Relations Without Certificates

< p > in recent years, with the deepening of China's "a href=" //www.sjfzxm.com/news/index_q.asp "opening up to the outside world" and the development of economy and society, more and more foreigners are coming to China for employment. According to the relevant regulations, foreigners should first obtain employment permits according to law when they want to work in China.

The people's Court of Taicang, Jiangsu Province announced on the 13 day that the court had concluded such a dispute that the foreign nationals demanded confirmation of labor relations, and the court dismissed its claim in accordance with the law because the alien did not obtain employment permit in accordance with the law.

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< p > TOM is a US nationality. In March 1, 2013, A company engaged in sales work in China. The two sides signed a labor contract for the period from March 1, 2013 to September 30, 2013, and agreed on working hours, work contents and labor remuneration. However, TOM has not obtained employment certificates in accordance with the law.

After A denied that there was a labor relationship with TOM, there was a dispute between the two sides, and TOM complained to the court to confirm that there was a labor relationship between A and the company.

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< p > the court held that in accordance with the fourteenth provision of the Supreme People's Court on the interpretation of several issues concerning the application of < a href= "//www.sjfzxm.com/news/index_q.asp > > < /a > (four), foreigners and stateless persons have not obtained employment certificates according to law, namely, signing labor contracts with employers in China, and the residents of the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan area have not obtained employment certificates according to law, that is, signing labor contracts with the mainland employing units.

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< p > the people's court shall not support the request of the parties to confirm the existence of labor relations with the employer.

In this case, TOM is a US nationality. Although it signed a "a href=" //www.sjfzxm.com/news/index_q.asp "labor contract < /a > with A company, and agreed on working hours, work contents and labor remuneration, it failed to obtain employment certificates in accordance with the law.

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< p > the judge said that according to the eighth clause and first paragraph of the regulations on the administration of foreigners in China, foreigners who are employed in China should enter the country through professional visas and obtain the employment permit of foreigners and foreigners' residence certificates after entering the country, so that they can obtain employment in China.

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< p > that is to say, when foreigners are lawfully employed in China, they must have the employment permit for foreigners in People's Republic of China, People's Republic of China residence permit for foreigners and professional visas. Therefore, foreigners who have not obtained corresponding employment certificates can not establish lawful labor relations with employers.

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