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China – New law will not protect labor rights of foreigners working without a work permit

Courts will not protect welfare or other labor rights of foreigners working without a work permit, even workers under contract, if a draft law is passed.

Foreigners without a work permit or an expert certificate — a license issued by the government to some foreign workers with proven talent and expertise in their field — could lose the cover of the “labor relationship” with the employer in the courts, even if they are under contract.

The “labor relationship”, a legal term, covers labor rights including social insurance, healthcare and compensation for work injury.

The draft, which the Supreme People’s Court submitted to judges, professionals and the general public for feedback in the past month, has split opinion on whether stricter enforcement of the work-permit requirement will actually protect foreign workers from negligent employers trying to cut corners.

China Daily’s request for a more detailed explanation was declined by the top court, since “the stipulation has not been passed and may undergo changes”, it said…

via ‘New law’ focuses on work permits |Policy and Regulation |chinadaily.com.cn.

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