Foreigner Hit on Way to Work—Denied Insurance Due to This…

Source: OT-Team(G)，重庆市渝北区司法局

  On February 28, the Justice Bureau of Yubei District, Chongqing, published a legal case concerning how the court determined work-related injury claims for a foreign national involved in a traffic accident while commuting to work.

A foreign national, identified as Mr. A, signed an employment contract with an English training center. The contract specified his role as an education and course consultation advisor. The National Foreign Experts Bureau issued a notice of work permit approval, allowing Mr. A to work at the English training center for three months. The notice also instructed that a visa be obtained based on the approval, after which Mr. A would need to apply for a formal work permit at the relevant local authority.

On March 28, following the arrangement of the English training center, Mr. A traveled to a local elementary school to assist with English drama rehearsals. On the way, the electric scooter he was riding collided with a car, resulting in injuries. The police determined that Mr. A bore no responsibility for the accident.

On April 4, the local Human Resources and Social Security Bureau (HRSSB) issued a work permit to Mr. A.

On April 20, Mr. A was granted a work-related residence permit.

On December 13, Mr. A applied for a work injury determination with the local HRSSB. The bureau accepted the application on the same day.

On December 19, the HRSSB issued a notice to the English training center, requesting it to submit relevant evidence within a specified period.

On December 21, the English training center contested the employment relationship with Mr. A, asserting that no formal labor relationship had been established. The HRSSB subsequently issued a notification terminating the work injury determination process. Dissatisfied with this decision, Mr. A filed a lawsuit, seeking to revoke the termination notice and requesting the HRSSB to reassess his work injury status.

After judicial review, the court ruled that Mr. A's application did not meet the legal requirements for work injury determination and dismissed his claim.

Although Mr. A had signed an employment contract with the English training center, he had not yet obtained a work permit or a residence permit at the time of the traffic accident. As a result, he did not meet the legal requirements for participating in social insurance and was not legally authorized to work or enroll in social insurance in China.

Article 4 of the Interim Measures for the Participation of Foreigners Working in China in Social Insurance, employers hiring foreign nationals must complete social insurance registration within 30 days of obtaining the required work permit.

Institutions responsible for processing work permits for foreigners are required to promptly share relevant employment information with local social insurance agencies. These agencies must regularly verify the work permit status of foreign employees to ensure compliance with social insurance regulations.

The court's ruling underscores that employment rights, including work injury claims, are contingent upon legally recognized employment status, which requires obtaining the necessary permits before commencing work.