Whether the Labor Contract between A Chinese Company and A Foreign Individual without Work Permit is Valid
Case interpretation by Judge Xiao Daming, Judge of Second Civil Division of Beijing Second Intermediate Court, translated by Sun Jin (Marlow), China attorney at law |
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Case Summary: May of 2005, JUHE company employed a German Conte through a job center. According to signed contract, Conte is employed by JUHE as assistant of general manager with the salary of 5000 rmb/ month, the contract period is from June 1st, 2005 to May 30th, 2008 and Conte shall observe the labor discipline of JUHE during the employment. In Feb of 2006, Conte smoked in non-smoking meeting room in working time and didn¡¯t extinguish when general manager warned. It violated the labor discipline of company. On Mar. 2nd, 2006, JUHE made the decision of expelling Conte, and the salary paid till January of 2006. On Apr. 1st, 2006, Conte appealed to labor dispute arbitration commissions, claiming for salary of February and the economic compensations of 10000rmb. The arbitration commissions confirmed the expelling which Conte violated labor discipline of JUHE, judged JUHE to pay the salary of February 5000rmb for Conte, and rejected the other claims. Conte disagreed to the arbitral award and brought the case to the people¡¯s court. JUHE employed the foreigner without Employment permit, and didn¡¯t apply the Foreigner's Work Permit with Conte subsequently. The court determined the labor contract between Conte and JUHE was invalid. JUHE shall pay the remuneration when Conte provided work. So the judgement is to order JUHE pay Conte for the salary of February, and reject the claim of economic compensation. Interpretation:
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