Is an employment contract between an employer and a foreigner without a work permit valid?

Is an employment contract between an employer and a foreigner without a work permit valid? No. It is not valid! Where a foreigner signs an employment contract with an employer in China without obtaining a Work Permit for Foreigners, the two parties cannot be deemed to have an employment relationship, and any disputes between the two parties shall be handled in accordance with the employment relationship. Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Labor Dispute Cases (4) states that if a foreigner or a stateless person fails to obtain an employment document in accordance with the law to enter into a labor contract with an employer in China, and the people's court does not support the request of the parties concerned to confirm the existence of a labor relationship with the employer. Where a foreigner who has obtained an Alien Work Permit establishes a labour relationship with an employer in China, this may be recognized as a labour relationship.