Can a foreign employee claim to have signed an open-ended labor contract with a company?
2023-08-26
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Can a foreign employee claim to have signed an open-ended labor contract with a company?
Depends on the region. In practice, some courts, such as Shanghai, Sichuan and Hainan courts, based on the "Regulations on the Administration of Foreigners' Employment in China", the term of foreigners' labor contracts shall not exceed five years as a mandatory norm, and found that the terms of the agreement between the two sides of the open-ended term is invalid. At the same time, some courts, such as the Beijing and Nanjing courts, in accordance with Article 14 of the Labor Contract Law of the People's Republic of China, found that the employer and the worker had entered into an open-ended labor contract.
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