Our company wants to recruit a foreigner, but he does not have an employment permit. Can the company sign a labor contract with him?

Q: Our company wants to recruit a foreigner, but he does not have an employment permit. Can the company sign a labor contract with him?

Answer: Juntong Legal Online Consulting will give you the answer

Hello! Without signing a labor contract or buying insurance, workers can apply for labor arbitration to the labor dispute arbitration committee where the employer is located to safeguard their legitimate rights and interests. 1. If the employee fails to purchase insurance for the employee, the employee may require the employer to pay back social security. The employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law and require the employer to pay compensation (one month’s salary for each year of service). ). 2. If a labor contract is not signed, the compensation matters are as follows: If the employer and the employee fail to sign a labor contract within one month, there is no need to pay compensation. Signing a labor contract within one month is an employer and employee stipulated in the Labor Contract Law. The legal period for workers to negotiate and sign a labor contract. If the employer fails to sign a labor contract with the employee for more than one month, the employer violates the provisions of the Labor Contract Law. The employee may terminate the labor contract in accordance with Article 38 of the Labor Contract Law and require the employer to pay compensation. If the company If payment is not made, the employee can apply for labor arbitration to the labor dispute arbitration committee where the employer is located and require the employer to pay. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employee may demand payment of twice the monthly salary starting from the second month. If the employer has not concluded a written labor contract with the employee for one year from the date of employment, the employer shall, from the day after one month to the day before one year, shall comply with Article 80 of the Labor Contract Law According to the provisions of Article 2, the employer shall pay twice the monthly salary to the employee and shall be deemed to have concluded an unfixed-term labor contract with the employee on the day one year has passed since the date of employment. A written labor contract shall be signed with the employee immediately. The statute of limitations for applying for arbitration of labor disputes is one year. The arbitration limitation period is calculated from the date when the parties knew or should have known that their rights had been infringed. If you can ask more specific questions, you can give a more thoughtful answer.