摘要：Recently, the Intermediate People’s Court of Qingyuan, Guangdong Province, released a typical case involving a labor dispute with

Recently, the Intermediate People’s Court of Qingyuan, Guangdong Province, released a typical case involving a labor dispute with a foreign national.

最近，广东省清远市中级人民法院发布了一起涉及外国人的劳动纠纷典型案例。

Case Overview

案件概况

A Brazilian national, referred to by the pseudonym Alex, worked as a chef at a restaurant in Qingyuan from August to December 2023. During his employment, the restaurant made partial payments covering wages and living expenses. However, due to continued delays and underpayment, Alex eventually resigned. He then filed for labor arbitration and later initiated a lawsuit, seeking unpaid wages and economic compensation for the termination of his employment.

巴西公民亚历克斯（化名）于2023年8月至12月在清远市一家餐厅担任厨师。在工作期间，餐厅支付了部分工资和生活费用。然而，由于持续的延迟支付和少付，亚历克斯最终辞职。随后，他申请劳动仲裁并提起诉讼，要求支付未付工资及解除劳动关系的经济补偿。

During the proceedings, neither party provided evidence to prove whether the restaurant had obtained a Foreigner’s Work Permit for Alex.

在审理过程中，双方均未提供证据证明餐厅是否为亚历克斯办理了外国人工作许可。

Court Ruling

法院判决

The Qingyuan court held that, under Chinese law, a valid employment relationship with a foreign national requires the employer to obtain the proper work authorization. Since both parties failed to provide evidence that a valid work permit had been obtained, the verbal employment contract was deemed invalid. Nevertheless, the court acknowledged that Alex had indeed performed labor for the restaurant and was therefore entitled to receive wages for his work.

清远法院认为，根据中国法律，与外国人的有效劳动关系需要雇主获得适当的工作许可。由于双方未能提供证据证明已获得有效工作许可，口头劳动合同被认定无效。然而，法院承认亚历克斯确实为餐厅提供了劳动，因此有权获得其工作的工资。

Furthermore, the court ruled that the restaurant bore full responsibility for the invalidity of the employment relationship. It had failed to fulfill its legal obligation to secure a work permit for the foreign employee and had not proven that the failure was due to any fault on Alex’s part. As a result, the court ordered the restaurant to not only pay Alex his wages but also provide economic compensation.

此外，法院裁定餐厅对劳动关系无效负全部责任。餐厅未能履行其为外籍员工办理工作许可的法定义务，也未证明该失败是由于亚历克斯的过错。因此，法院判决餐厅不仅要支付亚历克斯的工资，还要提供经济补偿。

Legal Significance

法律意义

This case underscores a key principle in Chinese labor law: In addition to the usual subordinate relationship between employee and employer, a valid labor relationship involving a foreign national must also meet legal qualifications. Foreign nationals working in China must obtain employment authorization through their employer, including the issuance of a Foreigner’s Work Permit.

此案强调了中国劳动法的一个关键原则：除了雇员与雇主之间的通常从属关系外，涉及外国人的有效劳动关系还必须符合法定资格。在中国工作的外国人必须通过雇主获得就业许可，包括发放外国人工作许可证。

When an employer hires a foreigner without securing the proper documentation, the employment contract is considered invalid. However, if the employee has performed labor, the employer must still pay wages and compensation in accordance with the law.

当雇主在未办理适当文件的情况下雇佣外国人时，劳动合同被视为无效。然而，如果员工提供了劳动，雇主仍需依法支付工资和补偿。

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