Employment of expats in China

Chapter I General Provisions

In order to strengthen the administration of employment of foreigners in China according to relevant laws, rules and regulations Set, the enactment of this provision.

Article II The term alien means in accordance with "Nationality Law" provisions Do not have Chinese nationality. The term of employment of foreigners in China, the absence of permanent residence Of foreigners within Chinese territory according to law in social work and to obtain payment for labor behavior.

This Article shall apply to the employment of foreigners in China and the employers to employ foreigners Units. This provision does not apply to foreign embassies, consulates and United Nations resident representative offices in other countries International organizations enjoying diplomatic privileges and immunities of the staff.

Article provinces, autonomous regions and municipalities authorized by the labor administrative departments and to Municipal labor administrative department is responsible for the administration of employment of foreigners in China.

Chapter II Employment License

Article employers to employ foreigners shall apply for employment permits for foreigners, have been authorized and Obtain the "PRC Employment License" (hereinafter referred to as license) before Employment.

Article employers to employ foreigners should be engaged in posts with special needs, domestic N Fit and proper person, and not in violation of state government regulations. No employer shall employ foreigners to engage in Commercial theatrical performances, but in line with the provisions of Article IX, except the third paragraph of the staff.

Article VII of employment of foreigners in China must meet the following conditions:

(A) 18 years of age, physical health;

(B) has engaged in its work to the professional skills and work experience;

(C) no criminal record;

(D) to determine the employer;

(E) hold a valid passport or passport can substitute for other international travel documents (hereinafter referred to as the place of care According to the document).

Article VIII of foreigners seeking employment in China shall hold the Employment visa (a visa abolition agreement, Agreement shall prevail), obtained after entering the "work permit" (hereinafter referred to as the Employment Permit) and foreigners living Leaving certificates, be employed in China.

Foreigners have not been issued residence certificate (ie holders of F, L, C, G type visas), who study in China, Practice foreigners and foreigners holding work visas accompanying family members shall not be employed in China. Special circumstances , The employer should be required under this provision to apply for permit approval process, to be employed aliens To the public security organs with a permit to change the identities of the book, apply for employment permits and residence permits before employment.

Foreign embassy, consulates and United Nations system, other international organizations and representative offices of people in Spouses of members of employment in China, should be "in the People's Republic of China for Foreign consular Museum and the United Nations system organizations in the Chinese representative office in China to serve the spouse provides that "the implementation of In accordance with the provisions of this paragraph the approval process the relevant procedures.

License issued by the Ministry of Labor and Employment made uniform.

Meet the requirements of Article IX, one of the following conditions of employment of foreigners may be exempted from permits and employment permits:

(A) directly funded by my government to hire foreign professional technical and management personnel, or by the State Funded agencies and institutions to employ, with national or international authoritative technical management departments or trade associations Recognized senior technical titles or credentials of special skills of foreign professional technical and management personnel, and Bureau of Foreign Experts issued by the holding of "foreign expert certificate," the foreigner;

(B) The "foreigners engaged in offshore oil operations in the Republic of China work permit" from the Things offshore oil operations, without landing, special skills of foreign workers; (c) Ministry of Culture Approval to the "Permit for Temporary Commercialized Performance" for business entertaining performance of the foreigners.

Article one of the following conditions where foreigners may be exempted from permits, entry by staff after Business Visas and relevant papers directly apply for employment permits:

(A) In accordance with China and foreign governments, international organizations under agreements, the implementation of Sino-foreign cooperation Exchange program of foreigners employed in China;

(B) the representative offices of foreign enterprises in the chief representative.

Chapter III Application and Approval

Article XI employers to employ foreigners, to fill in "employment application forms employment of foreigners" (Hereinafter referred to as the application form), its the same level with the labor administrative departments of industry authorities (hereinafter Said the industry authorities) to apply, and provide the following valid documents:

(A) curriculum vitae for employment;

(B) employ a letter of intent;

(C) the report of reasons for employment;

(D) of foreigners to be employed in the job qualifications;

(E) of foreigners to be employed health certificate;

(Vi) laws and regulations and other documents.

Competent trade authorities shall in accordance with the provisions of Article VI, VII and related laws and regulations For approval.

Article XII approved by the industry department, the employer should have an application form to the unit In the area of provinces, autonomous regions and municipalities labor administrative department or its authorized municipal labor administrative department The door for the approval process. Provinces, autonomous regions and municipalities directly under the labor administrative department or authority to municipal labor The Administration should designate a special body (hereinafter referred to as the issuing authority) in charge of issuing the Employment License . Issuing authority in charge of industry sectors should be based on the views and needs of labor market conditions for approval And approved permit issued to the employer.

Article XIII central employer, no industry department in charge employers to employ foreigners , Directly to the labor administrative department of the issuing authority for application and apply for employment permits.

Foreign-funded enterprises to employ foreigners without approval of the competent trade authorities, rely on the contract and articles of association , Approval certificate, business license and the provisions of Article XI of the required documents directly to the labor administrative department The door to apply for license issuing authority.

Article XIV of the employer be allowed to employ foreigners shall be authorized unit to be employed Foreign visa notification letter and the permit may not be directly issued to permit foreigners to be employed Certificate.

Article XV approved the employment of foreigners in China should be by permit issued by the Ministry of Labour, Been authorized by the notification in writing and, instead of their valid passport or a passport, to Chinese embassies The consulate, the visa office to apply for employment.

Who meet the provisions of Article IX of the provisions of the first officers should be authorized by the notification message Apply for employment visas; who meet the second paragraph of Article IX of the staff, should be public by the China National Offshore Oil Division issued the notification message to apply for employment visas; who meet the provisions of Article IX of the third person, shall, with Relevant provinces, autonomous regions and municipalities Foreign Affairs Office of the notification message and documents issued by the Ministry of Culture (Path issued a relevant embassies, consulates, office) to apply for employment visas.

Who meet the provisions of Article X of the staff of the first paragraph should be authorized by the notification message And the cooperation and exchange project proposals to apply for employment visas; who meet the provisions of Article X of the second person, shall, with Be authorized by the notification message and the administrative department for industry and commerce registration certificate to apply for employment visas.

Article XVI employer should be employed within 15 days after the entry of foreigners, holding license , And foreigners to be employed and the labor contract to replace the passport, a valid passport or travel documents to The original issuing authority apply for employment permits for foreigners, and fill out the "Foreigner Employment Registration Form."

Employment permit issuing authority only valid for the region.

Article XVII apply for employment permits for foreigners have been, shall within 30 days after entry, employment permit holders to The public security organ for a residence permit. Validity of the residence certificate may be correct under the employment permit is valid Set.

Chapter IV Labour administration

Article XVIII employer and the employed foreigner shall conclude a labor contract law. Labor Contract The same period should not exceed five years. The expiration of the labor contract shall be terminated, but according to the provisions of section Nineteen, after examination and approval procedures to meet your obligations may be renewed.

Article XIX of foreigners to be employed with the employer of the labor contract expires, its on Business permit shall be invalid. For renewal, the employer should, within 30 days before the expiration of the original contract, the labor Administrative authorities for the extension of time application for employment, the approval and renewal of employment permits.

Diershitiao foreigners in China was approved to extend the period of employment or change employment area, the unit Should be within 10 days to the local public security authorities to obtain residence permits extension or change procedures.

Twenty-one foreigners to be employed with the employer after the labor contract is discharged, the use of People should promptly report the labor, public security departments, the return of the alien employment permit and residence documents, And to the public security organs for departure clearance.

Twenty-two foreign nationals employed by the employer to pay wages not less than the local minimum wage Capital standards.

Article three of the foreign employees in China working hours, rest, leave work safety Health and social insurance according to relevant state regulations.

Twenty-four foreigners in the employment of the employer in China must be specified in his Employment License Units consistent.

Foreigners in the issuing authority to change employers within the region but still in a job, to be By the original issuing authority for approval and apply for employment permits the change.

Foreigners to leave the area specified by the issuing authority in the original provisions of employment or change employers within a single region Position and engaged in different occupations, to be re-apply for employment permits.

Twenty-five for violating Chinese law by the Chinese public security organs foreigner residence status is revoked , The employer shall terminate the labor contract, labor department employment permit should be revoked.

Twenty-six employers and foreigners to be employed labor dispute arises, shall be in accordance with the "in PRC Labor Law "and" Regulations of the PRC Labor Dispute "treatment .

Provisions of a labor administrative departments to implement the annual inspection of the Employment Permit. Employers to employ foreigners Every 1 year of employment should be 30 days before the expiration of the labor administrative department of the issuing authority to be employed by foreign Who apply for employment permits inspection procedures. Overdue The Employment Permit shall automatically cease.

Employment of foreigners in China is lost or damaged during their employment permits should be immediately to the original issuing authority Reported the loss, retroactive or replacement procedures.

Chapter V Penalty Provisions

Twenty-eighth which violates the provisions did not apply for employment permits the employment of foreigners without permission and without going through Permit the employer to employ foreigners without authorization by the public security authorities in accordance with "outside the People's Republic Taiwanese Entry and Exit Rules "deals with the forty-fourth.

Twenty-ninth 条 denial of employment permit inspection of labor administrative department, without changes to the employer, Unauthorized changes employment, without authorization to extend the period of employment of foreigners, the labor administrative departments to recover their employment Card, and the public security authorities to cancel their residency status. To be the organ of deportation, removal costs By the employing unit or the foreign commitments.

The third ten pairs of counterfeit, alter, falsely use, transfer, sale of permits and permit the employment of foreign People and employers, the labor administrative authorities shall take over work permit and license, confiscate the illegally May, in addition to a 10,000 yuan fine of more than 10 million; serious crime is constituted, the transfer of justice Authorities held criminally responsible.

第三十一条 issuing authority or other relevant departments who abuse their power, illegal collection of fees The act constitutes a crime shall be investigated for criminal responsibility; do not constitute crimes, administrative Action.

Chapter VI Supplementary Provisions

第三 twelve China's Taiwan and Hong Kong and Macao Residents in the Mainland of employment by the "Taiwan Hong Kong and Macao Residents in the Mainland Employment Administration "implementation.

Thirty-third foreigner in China, Taiwan and Hong Kong and Macao are not applicable to the employment regulations Set.

Shall be prohibited individual economic organizations and individual citizens from employing foreigners.

Thirty-fifth of the provinces, autonomous regions and municipalities together with the labor administrative departments and public security departments in accordance with According to the provisions of the implementation details of the development of the region and report to the Ministry of Labour, Ministry of Public Security, Ministry of Foreign Affairs, foreign trade Ministry of Trade and Economic Cooperation for record.

Thirty-sixth the provisions by the Ministry of Labor explained.

The present provisions of the thirty-seventh since the May 1, 1996 shall come into force. The former Ministry of Personnel and Ministry of Labor October 5, 1987 "issued on foreigners without a residence permit and foreign students in China Employment in China, a number of provisions "shall be repealed simultaneously.