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How effective are the labor contracts signed by foreigners without employment certificates?

Update time:2019/10/16 15:14:20 Browse times:810
Guo went abroad with his parents in his early years and acquired Italian nationality. In 2011, Guo returned to China and signed a labor contract with a company for the period from May 1, 2011 to April 30, 2012. Later, because the company defaulted on Guo's wages, Guo hoped to get his wages back through legal channels, but Guo did not obtain an employment permit for foreigners. Can Guo's request be supported by law?


Lawyer's answer: China's "Regulations on the administration of employment of foreigners in China" states that "employing units must apply for employment permits for the foreigners, and can only be employed after obtaining the" employment permit certificate of foreigners of the people's Republic of China " Guo did not obtain a foreign employment certificate, does not have the labor qualification. Therefore, the labor contract signed by the employer is invalid. Although the "labor contract" is invalid, its relationship with the unit can be dealt with according to the general civil legal relationship. The contract belongs to the true intention expression of both parties and is binding on both parties. Guo has provided labor, the unit shall pay its corresponding labor remuneration according to the contract.