The employment of foreigners in China Regulations on Management |
| Source: Author: Date: 2007-11-14
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First Chapter
The first of foreigners in China to strengthen the management of employment, in accordance with the relevant laws, regulations, the enactment of this provision.
The second alleged foreigners in the provisions that in accordance with the "Nationality Law of the PRC" shall not is a Chinese national staff.
This provides the alleged employment of foreigners in China, referring to the lack of foreigners the right to settle in the Chinese territory in accordance with the law engaged in social work and gain labor remuneration behavior.
Article 3 of this requirement will apply to the employment of foreigners in China and the employing units hire foreigners.
This provision does not apply to foreign diplomatic and consular representatives in China and the United Nations agencies, other international organizations enjoy diplomatic privileges and immunities of the staff.
Article IV of the provinces, autonomous regions, municipalities directly under the jurisdiction labor administrative departments and the municipal authority of the executive branch responsible for foreigners working in China's Employment Management.
Chapter II employment permits
Article 5 of the employing units need to employ foreigners applying for employment permits for foreigners, and were made by the "People's Republic of China's permit for the employment of foreigners" (hereinafter referred to permit book) before the appointment.
Article VI of the employing units hire foreigners should be engaged in jobs with special needs, domestic not available suitable candidates without violating relevant regulations of the state posts.
Employers must not employ foreigners engaged in business-oriented theatrical performances, but in line with the provisions of Article 9 of the provisions of a third exception.
Article 7 of the employment of foreigners in China must have the following qualifications:
(1) over 18 years of age, physical health;
(B) engaged in its work with the necessary professional skills and the corresponding work experience;
(C) no criminal record;
(D) determine the employment units;
(5) a valid passport or a passport can be replaced by other international travel documents (hereinafter referred to the documents instead of passports).
Article 8 of the employment of foreigners in China should have an occupational visa (agreement on visa exemption, handled by agreement), made after entering the "foreigner employment permits" (hereinafter referred to employment permits) and the foreigners residency documents before the employment in China.
The documents did not obtain residence of foreigners (that is, holders of F, L, C, G word visa), in China to study, internships and foreigners holding professional visas of foreigners in China accompanying family members may not employment. Special circumstances should be employing units by the provisions of these provisions apply for a permit for the approval process, be employed by the permit for foreigners to change the identities of the public security organs, apply for employment permits, residence permits before the employment.
China to foreign embassies, consulates and the United Nations system, other international organizations stationed in China on behalf of the spouses of members of employment in China, should be the "People's Republic of China Ministry of Foreign Affairs on foreign embassies and consulates in China and the United Nations system organizations in China, the representative body Chinese spouses in the service provided "implementation, in accordance with the provisions of article 2, approval procedures for the formalities.
The permit from the Ministry of Labor and Employment Pass unified production.
Article 9 that meet one of the following conditions may be a foreigner-free employment permits and employment permits:
(A) I direct government funding to employ foreign expertise and management personnel, or by the State organs and institutions funded recruit, a national or international authoritative technical management departments or industry associations recognized senior technical titles or special skills of foreign credentials professional technical and managerial personnel, and holds issued by the Bureau of Foreign Experts, "a foreign expert certificates" and foreigners;
(B) Holders "in the People's Republic of foreigners engaged in offshore oil operations工作准证" engaged in offshore oil operations, without landing, with special skills of foreign workers;
(C) the approval by the Ministry of Culture a "provisional operating performance permits" for commercial theatrical performances foreigners.
Article 10 who meet the following conditions may be one of the foreigners-free permit for the run, after their entry visas and supporting vocational directly apply for employment permits:
(1) In accordance with China with foreign governments, international organizations, intergovernmental agreements, agreements, the implementation of the project employed exchanges with foreign countries the foreigners come to China to work;
(B) Permanent foreign enterprises in China chief representative bodies, representative.
Chapter III application and approval
Article 11 of the employing units hire a foreigner to fill in the "employment of foreigners employment application form" (hereinafter referred to the application form), and labor to the same level of administrative departments in charge of the industry sector (hereafter referred to in charge of the industry sector) application, provide the following document:
(A) the engagement of foreigners biographical proof;
(B) Letter of Intent employed;
(C) the reasons for foreigners to be employed;
(D) the engagement of foreigners engaged in the work of the Certification;
(5) the engagement of health conditions that foreigners;
(Vi) laws and regulations of other documents.
Should be in charge of the industry sector in accordance with this provision of Article 6, 7 and the relevant laws and regulations for approval.
Article 12, approved by the departments in charge of industry, employing units should have an application form to the location of the units in the provinces, autonomous regions, municipalities, labor administration or its authorized the executive branch to municipal labor are subject to approval procedures. Provinces, autonomous regions, municipalities labor authorized by the executive branch or the executive branch to municipal labor should be designated specialized agencies (hereinafter referred to the certification authority) in charge of issuing permits on the work. Licensing authorities in charge of the industry sector should be based on the views and needs of the labor market status of approval, and approval of a permit to the employing units.
Article 13 central-level employment units, the departments in charge of industry employing units hire foreigners, working directly to the executive branch licensing authorities to apply for employment application and approval procedures.
Foreign-invested enterprises hiring foreigners without approval in charge of the industry sector, rely on contracts, and regulations approved credentials, business license and the provisions under Article 11 of the documents directly to the labor certification authority for the executive branch of the permit.
Article 14 of permission to employ foreigners employing units, units to be authorized to employ foreigners issued a circular letter visa and permit book, not directly to the engagement of foreigners on the granting of permits.
Article 15 allowed to come to the employment of foreigners in China, the Ministry of Labor should be issued with a permit book, the units were authorized to inform their valid passport and letters and telegrams to replace passports or documents to the Chinese embassies, consulates and embassies to apply for employment visas, .
Where consistent with the provisions of Article 9, Paragraph 1 of staff, should be authorized by the notification letters and telegrams units apply for employment visas; Anything that meets the requirements of paragraph 2 of article 9, should be with China National Offshore Oil Corporation informed the communique issued by the Occupational visa applications ; Anything that meets the requirements of Article 9 of the third officer, with the provinces, autonomous regions, municipalities directly under the jurisdiction of the Foreign Affairs Office notification message and the total of the Ministry of Culture (the diameter of our embassies, consulates) for professional visas.
Where consistent with the provisions of Article 10, paragraph 1, of the staff, should be authorized by the notification letters and telegrams units cooperation and exchange projects and applications for professional visas that meet the provisions of Article 10, paragraph 2 of staff, should be authorized by the notification letters and telegrams and units the registration of industrial and commercial administration departments that apply for employment visas.
Article 16 should be employing units hire entry of foreigners within 15 days after the permit holders, and the foreigners were employed in the labor contract signed and valid passport or a passport to replace the original documents to the licensing authorities for foreigners employment permits and fill out the "foreigners employment registration form."
Employment permits only certification authority in the region effectively.
Article 17 has the foreigners to apply for employment permits should be within 30 days after the entry, employment permit holders to apply for public security organs residence permit. The validity of residence documents under the employment card will be valid identified.
Chapter IV labor management
Article 18 of the employing units and should be employed aliens lawfully entered into labor contracts. The labor contract period should not be longer than five years. The labor contract expires shall be terminated, but according to the provisions of the provisions of Article 19 can perform the examination and approval procedures after renewed.
Article 19 of the foreigners were employed by the employing units and the labor contract signed at the end of their employment permits to that failure. For renewal, the employing units in the original contract within 30 days before the expiry of the executive branch to extend the working time employment applications have been approved to apply for employment permits and extension procedures.
Article 20 foreigners were approved extension of the period of employment in China regional or change jobs, flats, should be within 10 days to the local public security organs for an extension of stay or change documents procedures.
21 of the foreigners were employed by the employing units and the lifting of the labor contract, the employer shall promptly report labor, public security departments, the return of the foreign employment permits and residence documents, and the public security authorities for immigration formalities.
Article 22 by the employing units hire foreigners to pay the wages must not be less than the local minimum wage standards.
Article 23 of China's employment of foreigners working hours, rest leave, labor safety and health and social insurance in accordance with relevant state regulations.
Article 24 of the employment of foreigners in China employing units must indicate their employment permits by the unit in line.
Foreigners certification authority in the region change employers but still working in the profession are subject to the approval of the licensing authorities, and apply for employment permits to change procedures.
Certification authority foreigners to leave the region in the same job or within the region under the change in the employing units and different occupations, have to be re-apply for employment permit procedures.
Article 25 for violation of Chinese laws abolished by the Chinese public security organs stay qualified foreigners, employing units should dissolution of the labor contract, the Labor Department employment permits should be revoked.
Article 26 of the employing units and the employment of foreigners in the labor dispute, in accordance with the "Labor Law of the PRC" and the "People's Republic of China of its labor dispute handling the" handle.
Labor Article 27 administrative departments annual inspection on the implementation of employment permits. Employment employing units hire foreigners each year of service shall within 30 days before the expiry of the labor certification authority for the executive branch were employed to apply for employment permits for foreigners annual inspection procedures. Overdue Office, employment permits to lapse.
The employment of foreigners in China is lost or damaged during their employment permits and should immediately report the loss for the original licensing authorities, or to re-replacement procedures.
Chapter 5 penalties
Article 28 to apply for a violation of the provisions of the Employment Permit unauthorized employment permits for foreigners and not to employ foreigners without permission of the employing units, the public security authorities in accordance with the "People's Republic of China law on management of the Entry and Exit of Foreigners" Implementing Regulations 40 four processing.
Article 29 administrative departments of Labor refused to check employment permits unauthorized changes employing units, the replacement of unauthorized occupation, unauthorized extension of the duration of employment of foreigners, from labor administrative departments to recover their employment permits and brought to the public security organs cancel their residency qualifications. Take the organs of the deportation, removal costs by employing unit or the alien commitment.
Article 30 of forgery, alteration, fraudulent use, transfer, sale employment permit and the permit for foreigners and employing units, from the collection of labor administrative departments of employment permits and licenses, confiscate their illegal gains, and a 10,000 yuan more than 10 following million fine; serious cases constitute a crime, transferred to judicial organs to be held criminally responsible.
Article 31 licensing authorities or relevant departments of the staff abuse of power, illegal charges to commit fraud, which constitute a crime, to be held criminally responsible, do not constitute a crime, be given administrative punishment.
Chapter VI.
Article 32 of China's Taiwan and Hong Kong, Macao residents in the Mainland employment according to the "Taiwan and Hong Kong, Macao residents in mainland employment regulations" implementation.
Article 33 foreigners in China's Taiwan, Hong Kong and Macao in employment does not apply these provisions.
Article 34 Prohibition of individual economic organizations, and individual citizens to employ foreigners.
Article 35 provinces, autonomous regions and municipalities in the labor administrative departments and public security departments can be based on the provisions in the implementation of the enactment of this rule, they shall be reported to the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs, Foreign Trade and Economic Cooperation of the record.
Article 36 of these regulations by the Ministry of Labor explained.
Article 37 of the regulations on May 1, 1996 effective upon promulgation. The Ministry of Personnel and Labor Ministry on October 5, 1987 issued by the "lack of residency documents on the foreigners come to China to study and the employment of foreigners in China a number of provisions" shall be annulled.
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