Work-Permit Holder — Employment Relationship Recognized · 持工作许可·劳动关系获认定
Nanjing Jianye District People's Court / 南京市建邺区人民法院 · 2025-11-06
Under Interpretation II's 'positive list', a foreigner holding a valid work permit and residing legally in China was recognized as being in an employment relationship, gaining Labor-Law protections including overtime and severance rules.
The employer argued no labor relationship existed with the foreign worker; the worker showed a valid work permit, residence permit and completed employment procedures.
The court applied the positive-list test, recognized an employment relationship, and applied Labor-Law protections to the dispute.
依《司法解释(二)》『正面清单』,持有效工作许可、在华合法居留的外国人被认定存在劳动关系,从而享有加班、经济补偿等劳动法保护。
🚨
Emergency Legal Help · 紧急法律求助
Detained · passport lost · violence · accident 拘留/护照丢失/暴力/事故
›
🧳
Moving to China soon? · 即将来华?
Pre-arrival legal checklist & first 30 days
›
What happened? · 发生了什么?
Start from your situation, not from legal categories · 从您的处境出发,而不是从法律分类出发
💰
My salary has not been paid
工资被拖欠
📄
I was fired / asked to resign
被辞退 / 被要求辞职
🛂
Visa / residence permit problem
签证 / 居留许可问题
🏠
Landlord won't return my deposit
房东不退押金
👮
Police contacted / detained me
被警方联系 / 拘留
🚦
I had a traffic accident
发生交通事故
🤕
I was injured at work
发生工伤
✍️
I need a contract reviewed
需要审查合同
Continue Reading · 最近浏览
✈️
Visa Types for Foreigners
Article 12 · 外国人签证类型
›
📋
Foreign Employee Wrongful Termination Case
外籍员工违法解雇案
›
💼
Written Employment Contract Requirement
Article 10 · 书面劳动合同要求
›
Browse the Law Library See All ›
✈️
Immigration & Visa
出入境与签证
Recent Cases See All ›
CONTRACT
2026-06-24
Foreign Crew Wages Recovered — Ship Arrested and Released in 9 Days
外籍船东欠薪·扣船9天促成和解案
A Liberian ship-management company, owed US$656,400 in crew-management fees by a Marshall Islands shipowner, applied to a Chinese maritime court to arrest the ship when it called at Quanzhou port. The court arrested the 70,000-ton foreign vessel within 24 hours and brokered a US$762,800 settlement in just 9 days; the crew's pay was covered and the ship was released before a typhoon arrived.
Xiamen Maritime Court / 厦门海事法院
Read ›
CONTRACT
2026-06-24
Carrier May Not Invoke Foreign Sanctions to Refuse Cargo
承运人不得以外国制裁为由拒运案
A Hong Kong shipper booked electronics worth about ¥4.99 million from Shanghai to Panama. The Singapore carrier refused to issue the bill of lading, citing the shipper's inclusion on a foreign sanctions list, and later shipped the cargo back. Applying China's Anti-Foreign Sanctions Law, the court held this was a fundamental breach and awarded the shipper full damages plus interest.
Shanghai Maritime Court / 上海海事法院
Read ›
Talk to a Lawyer · 咨询律师
Free consultation — how to ask · 免费咨询 · 咨询路径
›