On January 31, 2013, the Supreme Court issues the Interpretations on Several Issues on the Application of Law in Hearing the Cases Involving Labor Disputes (IV)(“Interpretation IV”) . According to Article 14, “where a foreigner or stateless person enters into labor contract with employer without obtaining work permit or a resident of Hong Kong Special Administrative Region, Macau Special Administrative Region or Taiwan enters into labor contract without obtaining such permit, his/her labor relation with employer shall not be sustained by court. Where a foreigner with the Foreign Expert Certificate and the Work Permit for Foreign Experts in China establishes labor relation with employer, such relation may be sustained”.
The judge of the Supreme Court explains if foreigner, stateless person and the resident from Hong Kong, Macau and Taiwan do not have work permit or relevant certificate, they are not eligible employee and consequently the labor relationship cannot be established.
（This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.）