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English>>China Politics

'New law' focuses on work permits

By Zhao Yinan (China Daily)

08:07, August 13, 2012

Draft legislation under review targets negligent employers

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.

Liu Deheng, deputy chief of the labor dispute tribunal at Beijing’s Chaoyang district court, said the draft is meant to standardize judicial rulings regarding foreigners who come to China without a work visa but find work.

A work visa, under China’s laws, is a premise to apply for a work permit.

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