A South African teacher worked at a training center on a business (M) visa without a work permit. When the center withheld two months of pay, the court held that no labor relationship existed due to illegal employment, but still ordered the center to pay the agreed remuneration as labor service fees.

The plaintiff taught English at a private training center in Hangzhou for 8 months at an agreed monthly rate of ¥18,000, while holding only an M visa. The center never applied for a work permit despite repeated promises. After the center failed to pay for June and July 2023, the plaintiff sued. The center argued that since the employment was illegal, it owed nothing.

The court held that because the plaintiff lacked a work permit, a labor relationship under the Labor Contract Law could not be established, so claims for severance and social insurance were rejected. However, the plaintiff had actually provided services, so the center was ordered to pay the outstanding ¥36,000 as labor service remuneration under the Civil Code. The court also noted both parties faced potential administrative penalties for illegal employment.

一名南非籍教师持商务（M）签证在培训机构任教，未办理工作许可。机构拖欠两个月报酬，法院认定因非法就业不成立劳动关系，但仍判令机构按约定支付劳务报酬。