Updated! The Labor Contract will Be Automatically Extended if。。。

Updated! The Labor Contract will Be Automatically Extended if...

The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II) has been announced recently and will come into force on September 1, 2025.

If you are a foreign employee working in China, the following provisions may be closely related to you and will be of great help in safeguarding your rights:

* Where a foreigner establishes an employment relationship with an employer within the territory of the People's Republic of China, and under any of the following circumstances, if the foreigner claims to confirm the existence of a labor relationship with the employer, the court shall support such claim in accordance with the law:

 (1) Having obtained permanent residence qualification;

 (2) Having obtained a work permit and legally staying or residing in China;

 (3) Having gone through relevant formalities in accordance with the relevant provisions of the state.

* If an employer and an employee agree or the employee promises to the employer that there is no need to pay social insurance premiums, the court shall determine that such agreement or promise is invalid. If the employer fails to pay social insurance premiums in accordance with the law, and the employee requests to terminate the labor contract and the employer to pay economic compensation in accordance with the provisions of Item (3) of Article 38 of the Labor Contract Law, the people's court shall support such request in accordance with the law.

* When the term of a labor contract expires, if there are circumstances as specified in Article 42 of the Labor Contract Law under which the employer may not terminate the labor contract, the court shall determine that the term of the labor contract is automatically extended in accordance with the law.

 What are these circumstances? In summary, they are as follows:

 (1) Employees engaged in operations exposed to occupational disease hazards who have not undergone pre-departure occupational health examinations, or suspected occupational disease patients who are in the period of diagnosis or medical observation;

 (2) Those who have suffered from occupational diseases or work-related injuries in the employer and have been confirmed to have lost or partially lost their labor capacity;

 (3) Those who are ill or injured not due to work and are in the prescribed medical period;

 (4) Female employees who are in the period of pregnancy, childbirth, or breastfeeding.

Relevant legal provisions of the Labor Contract Law:

Article 38 An employee may terminate a labor contract if the employer is under any of the following circumstances:

 (1) Failing to provide labor protection or working conditions in accordance with the labor contract;

 (2) Failing to pay labor remuneration in full and on time;

 (3) Failing to pay social insurance premiums for the employee in accordance with the law;

 (4) The rules and regulations of the employer violate the provisions of laws and regulations, thereby harming the rights and interests of employees;

 (5) Rendering the labor contract invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

 (6) Other circumstances under which employees may terminate labor contracts as provided for by laws or administrative regulations.

If an employer forces an employee to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer gives illegal instructions or orders the employee to engage in dangerous operations, thereby endangering the personal safety of the employee, the employee may immediately terminate the labor contract without prior notice to the employer.