Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)
Fa Shi [2025] No. 12
July 31, 2025
The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II), which was adopted at the 1942nd meeting of the Judicial Committee of the Supreme People's Court on February 17, 2025, is hereby promulgated and shall come into effect as of September 1, 2025.
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)
(Adopted at the 1942nd meeting of the Judicial Committee of the Supreme People's Court on February 17, 2025 and effective as of September 1, 2025)
In order to correctly try labor dispute cases, the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II) (hereinafter referred to as the "Interpretation") is formulated in accordance with the Civil Code of the People's Republic of China, the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, and other related laws and regulations and in combination with trial practices.
Article 1 If a contractor with legal business qualifications recontracts or subcontracts the work to an organization or individual without legal business qualifications, and an employee hired by said organization or individual requests to confirm the contractor as the entity responsible for employment, assuming responsibilities including paying labor remuneration and providing work-related injury insurance benefits after the recognition of a work-related injury, the people's court shall support the request in accordance with the law.
Article 2 If an organization or individual without legal business qualifications affiliates itself with an entity with such qualifications for external operations, and an employee hired by said organization or individual requests to confirm the entity as the entity responsible for employment, assuming responsibilities including paying labor remunerations and providing work-related injury insurance benefits after the recognition of a work-related injury, the people's court shall support the request in accordance with the law.
Article 3 If an employee is alternatively or simultaneously employed by multiple associated entities, his or her request to confirm the labor relationship shall be handled by the people's court depending on the following circumstances:
(1) If a written labor contract has been signed, and the employee requests to confirm the labor relationship in accordance with the labor contract, the people's court shall support the request in accordance with the law; and
(2) If no written labor contract has been signed, the labor relationship shall be confirmed based on the employment management behaviors, taking into comprehensive consideration factors such as working hours, job content, labor remuneration payment, and social insurance premium contributions.
If the employee requests that associated entities falling under the circumstance stipulated in Item (2) of the preceding paragraph jointly assume responsibilities, including paying labor remunerations and providing welfare benefits, the people's court shall support the request in accordance with the law, except where associated entities have reached an agreement regarding the employee's labor remuneration and welfare benefits and have obtained consent from the employee.
Article 4 If a foreigner establishes an employment relationship with an employer within the territory of the People's Republic of China, falls under any of the following circumstances, and requests to confirm the labor relationship with the employer, the people's court shall support the request in accordance with the law:
(1) The foreigner has obtained permanent residence status;
(2) The foreigner has obtained a work permit and is legally residing within China; and
(3) The foreigner has completed the relevant procedures according to the relevant national regulations.
Article 5 Foreign enterprises' duly established resident representative offices may be parties to labor dispute cases.
......
Fa Shi [2025] No. 12
July 31, 2025
The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II), which was adopted at the 1942nd meeting of the Judicial Committee of the Supreme People's Court on February 17, 2025, is hereby promulgated and shall come into effect as of September 1, 2025.
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)
(Adopted at the 1942nd meeting of the Judicial Committee of the Supreme People's Court on February 17, 2025 and effective as of September 1, 2025)
In order to correctly try labor dispute cases, the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II) (hereinafter referred to as the "Interpretation") is formulated in accordance with the Civil Code of the People's Republic of China, the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, and other related laws and regulations and in combination with trial practices.
Article 1 If a contractor with legal business qualifications recontracts or subcontracts the work to an organization or individual without legal business qualifications, and an employee hired by said organization or individual requests to confirm the contractor as the entity responsible for employment, assuming responsibilities including paying labor remuneration and providing work-related injury insurance benefits after the recognition of a work-related injury, the people's court shall support the request in accordance with the law.
Article 2 If an organization or individual without legal business qualifications affiliates itself with an entity with such qualifications for external operations, and an employee hired by said organization or individual requests to confirm the entity as the entity responsible for employment, assuming responsibilities including paying labor remunerations and providing work-related injury insurance benefits after the recognition of a work-related injury, the people's court shall support the request in accordance with the law.
Article 3 If an employee is alternatively or simultaneously employed by multiple associated entities, his or her request to confirm the labor relationship shall be handled by the people's court depending on the following circumstances:
(1) If a written labor contract has been signed, and the employee requests to confirm the labor relationship in accordance with the labor contract, the people's court shall support the request in accordance with the law; and
(2) If no written labor contract has been signed, the labor relationship shall be confirmed based on the employment management behaviors, taking into comprehensive consideration factors such as working hours, job content, labor remuneration payment, and social insurance premium contributions.
If the employee requests that associated entities falling under the circumstance stipulated in Item (2) of the preceding paragraph jointly assume responsibilities, including paying labor remunerations and providing welfare benefits, the people's court shall support the request in accordance with the law, except where associated entities have reached an agreement regarding the employee's labor remuneration and welfare benefits and have obtained consent from the employee.
Article 4 If a foreigner establishes an employment relationship with an employer within the territory of the People's Republic of China, falls under any of the following circumstances, and requests to confirm the labor relationship with the employer, the people's court shall support the request in accordance with the law:
(1) The foreigner has obtained permanent residence status;
(2) The foreigner has obtained a work permit and is legally residing within China; and
(3) The foreigner has completed the relevant procedures according to the relevant national regulations.
Article 5 Foreign enterprises' duly established resident representative offices may be parties to labor dispute cases.
......