In accordance with Social Insurance Law of the People’s Republic of China，foreigners employed in China shall participate in social insurance. In accordance with Interim Measures for Participation in Social Insurances of Foreigners Employed in China，in order to protect the lawful rights and interests of foreigners employed in China to participate in social insurances and enjoy the benefits of social insurances, foreigners employed by an employer in China shall participate in basic pension insurance for employees, basic medical insurance for employees, work related injury insurance, unemployment insurance and maternity insurance. Interim Measures for Participation in Social Insurances of Foreigners Employed in China also clearly stipulates that where a foreigner participating in the social insurances satisfies the prescribed conditions, he/she may enjoy the social insurance benefits. Therefore, as long as a foreigner participating in the social insurances satisfies the prescribed conditions, he/she may enjoy the same social insurance benefits with Chinese social insurance participators. Where a dispute arises between a foreigner participating in the social insurances and his/her employer or domestic work unit, either party may apply for mediation, arbitration or file an action according to law. Where an employer or a domestic work unit infringes the foreigner’s lawful rights and interests, he /she may apply with the social insurance administrative authority or social insurance premiums collecting agency for lawful settlement.
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