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Is the labor contract law applicable to foreigners?

Updated: 2019-06-28

At present, Chinese laws haven't stipulated in explicit terms whether or not Chinese labor law is applicable to foreigners working in China. But article 43 of the Law on the application of foreign-related civil relations stipulates that labor contracts shall apply to the law of the place where the employee works. If it is difficult to determine the place where the employee works, the law of the principal place of business of the employing unit shall apply.

Article 2 of the Labor Contract Law stipulates that if an employer within the territory of China establishes, carries out, alters, removes or ends a labor contract with an employee, the relevant law may be applied. If a foreigner holding an employment certificate is employed wholly within the territory of China and establishes labor relations with domestic employers,  the labor contract law shall be fully applicable.