摘要：The individual, identified as "M," holds a Foreign Permanent Resident ID Card—commonly known as the “Chinese green card”—and began

Beijing has released details of a case where a foreign national obtained a permanent employment contract with a local firm.

北京公布了一起外国人在当地公司获得永久劳动合同的案例细节。

Case Overview

案例概述

The individual, identified as "M," holds a Foreign Permanent Resident ID Card—commonly known as the “Chinese green card”—and began working for an information technology company in 2015. Throughout M's tenure, he was described as diligent, well-regarded by colleagues, and recognized for his professional competence.

该个人被称为“M”，持有外国永久居民身份证——通常被称为“中国绿卡”，并于2015年开始在一家信息技术公司工作。在M任职期间，他被描述为勤奋、受同事好评，并因其专业能力而受到认可。

As his years of service accumulated, M requested that the company sign an open-ended (no fixed term) labor contract, aiming for greater job stability. However, the company expressed uncertainty over whether such a contract could legally be concluded with a foreign national holding a Chinese green card. M argued that, having worked in China for many years and meeting the statutory conditions, he was entitled to such an agreement. The company, however, remained concerned about the legal ambiguity surrounding the issue.

随着服务年限的增加，M要求公司签订无固定期限劳动合同，以实现更大的工作稳定性。然而，公司对是否可以与持有中国绿卡的外国人合法签订此类合同表示不确定。M认为，他在中国工作多年且符合法定条件，有权签订此类协议。然而，公司仍然担心该问题的法律模糊性。

After failed negotiations, M filed for labor arbitration, requesting that the employment relationship be formally recognized as open-ended and that the corresponding contract be executed.

谈判失败后，M申请劳动仲裁，要求正式承认劳动关系为无固定期限，并执行相应的合同。

Arbitration Outcome

仲裁结果

Following a review of the case, the arbitration committee clarified the relevant legal framework to both parties. Ultimately, the dispute was successfully resolved through mediation, and the company signed an open-ended labor contract with M.

在审查案件后，仲裁委员会向双方澄清了相关的法律框架。最终，通过调解成功解决了争议，公司与M签订了无固定期限劳动合同。

Legal Context

法律背景

According to the Regulations on the Administration of Permanent Residence of Foreigners in China, individuals holding a Chinese green card are, in principle, entitled to the same rights and obligations as Chinese citizens, excluding political and other specific rights set out by law.

根据《外国人在中国永久居留管理条例》，持有中国绿卡的个人原则上享有与中国公民相同的权利和义务，但法律规定的政治和其他特定权利除外。

In the realm of employment, such foreign residents are exempt from obtaining a work permit and are protected under the Labor Contract Law of the People's Republic of China. Article 14 of the law stipulates circumstances under which employers must offer an open-ended contract, including when an employee has worked continuously for the same employer for 10 years or more.

在就业领域，此类外国居民免于获得工作许可，并受《中华人民共和国劳动合同法》的保护。该法第14条规定了雇主必须提供无固定期限合同的情况，包括员工连续为同一雇主工作10年或以上。

Given that green card holders enjoy equal labor rights as Chinese nationals, they are likewise entitled to request open-ended employment contracts when these legal conditions are met.

鉴于绿卡持有者享有与中国国民相同的劳动权利，当这些法律条件得到满足时，他们也有权要求签订无固定期限劳动合同。

来源：外事商务咨询中心