Questions and answers on Labor Law

Q: The case scope of labor disputes?

A: According to the Article 2 of Law of the People's Republic of China on Mediation and Arbitration of Labour Disputes, this law applies to the following labor disputes arising between employing units and laborers within the territory of the People’s Republic of China:

(1) disputes arising from the confirmation of labor relations;

(2) disputes arising from the conclusion, performance, alteration, cancellation and termination of labor contracts;

(3) disputes arising from expulsion, dismissal and resignation, leaving work;

(4) disputes arising from working hours, the period of rest and vocation, social insurance, welfare, training and labor protection;

(5) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or damages, etc.; and

(6) other labor disputes prescribed by laws or regulations.

Q: If a foreigner fails to obtain an Employment Permit and is employed in China, can he or she be protected by China's Labor Law?

A: According to Article 14 of Judicial Interpretation IV of Labor Contract Law: When a foreigner or a stateless person fails to obtain an Employment Permit in accordance with the law and signs a labor contract with an employing unit in China, or a resident of Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan does not obtain an Employment Permit in accordance with the law and signs a labor contract with an employing unit in the Mainland, if the party requests for the confirmation of the existence of labor relations with the employing unit, the People's Court shall not support it. The foreigner, holding a Foreign Expert Certificate and obtaining a Work Permit for Foreign Expert in China, establishes an employment relationship with an employing unit within the territory of China, which may be confirmed as labor relations.