By Lucy Lu, Ding Wu King & Wood Mallesons’ Commercial & Regulatory Group
The Rules for the Administration of Employment of Foreigners in China, promulgated by former Labor Ministry, Public Security Ministry and Ministry of Foreign Affairs, is an old provision since 1996 without any revision. Recently with the internationalization of the employment market in China, there are more and more foreign labor disputes in new style. From the judgment of legitimate employment by focusing on working permit, to the application of severance payment to foreigners, and the judicial view of discretion clause on termination criteria of foreigners, all these typical issues require a conclusion from judicial practice.
This article picks Mr. Zhou v. Company A (case no. (2015) Hu Er Zhong Min San (Min) Zhong Zi No. 7)from Shanghai 2nd Intermediate Court as a lead to analyze the above issues based on practical experience and researches into other cases.
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