With the trend of talent mobility, it has become common for enterprises to hire foreign employees. However, the compliance requirements are higher. The 4th and 5th articles of the "Interpretation II" clearly define the labor relations of foreigners and the litigation status of foreign institutions, setting clear boundaries for enterprises.

Foreigners who have obtained permanent residency status

Obtaining permanent residence status means obtaining the "Foreigner's Permanent Residence Certificate" of China. According to the "Measures for Foreigners to Enjoy Certain Treatments in China", foreign nationals holding the "Foreigner's Permanent Residence Certificate" of China, except for political rights and certain rights and obligations that are not allowed to be enjoyed by law and regulations, generally enjoy the same rights as Chinese citizens and undertake the same obligations.

Therefore, foreigners holding the "Permanent Residence Permit for Foreigners" who are employed within the territory of China can request confirmation of their labor relationship in accordance with relevant laws and regulations.

Foreigners who have obtained work permits and are legally staying and residing in China

Obtaining a work permit means obtaining the "Foreigner Employment Permit". According to Article 5 of the "Regulations on the Management of Foreigners' Employment in China", employers must apply for an employment permit for each foreigner they hire. After obtaining approval and obtaining the "Foreigner Employment Permit Certificate", foreigners employed in China must obtain the "Foreigner Employment Permit" and the "Foreigner Residence Permit" before they can work within the territory of China.

Furthermore, to facilitate the employment of foreigners, the relevant departments have issued a notice. Starting from April 1, 2017, a unified system for granting work permits to foreigners coming to China will be implemented nationwide. The "Notice of Foreigner's Work Permit" and the "Foreigner's Work Permit" will be issued. Foreigners coming to work in China can handle relevant visa and residence procedures by presenting these documents. Foreigners holding both of these "certificates" and going through the relevant visa and residence procedures can request to confirm their labor relationship.

Foreigners who have completed the relevant procedures in accordance with national regulations

Apart from the above two types of regular situations, there are also some special types of foreigners. After following the relevant subsequent procedures as stipulated by Chinese regulations, they can also request to confirm their labor relationship. For example, foreigners who meet the corresponding conditions as stipulated in Articles 9 and 10 of the "Regulations on the Management of Foreigners' Employment in China".

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