Conditions and procedures for employment of foreigners in China

2021/01/11

One,Employment conditions for foreigners

Foreigners must meet the following requirements for employment in China:

1. At least 18 years of age and in good health;

2. Possess the necessary professional skills and relevant work experience for the job;

3. No criminal record;

4. There is a definite employer;

5. Have a valid passport or other substituted international travel document.

For foreigners to obtain qualifications for employment in China, they need to go through the examination and approval of the labor administrative department of the place where the employing unit is located in advance. In addition to meeting the above conditions, the administrative department will, in the examination and approval, focus on the positions for which the enterprise intends to employ the foreigners.According to the Regulations on the Administration of Employment of Foreigners in China, employers should employ foreigners for positions that have special needs, are temporarily short of suitable candidates in China, and do not violate relevant national regulations.

Two,Employment procedures for foreigners

According to the Regulations on the Administration of Employment of Foreigners in China, the employment procedures of foreigners shall follow the following procedures:

1. Apply for an employment permit

Before a foreigner enters China, the employer shall first apply for an employment permit for the foreigner, and only after obtaining an Employment License for Foreigners (hereinafter referred to as the "License ") with the approval can the foreigner be hired.

2. Send the notification letter of visa

After the employer is approved to employ a foreigner, the employer shall issue a notification visa letter and a permit certificate to the foreigner to be employed.

3. Apply for an occupational visa

Aliens who have been approved for employment in China shall apply for employment visas at Chinese embassies or consulates abroad on the strength of their certificates of permission issued by the Labour administrative departments, letters and telegrams of notices issued by their units and valid passports of their home countries or certificates that can substitute passports.

4. Apply for the employment permit

The employer shall, within 15 days after the entry of the employed foreigner, apply for the Employment Permit for Foreigners (hereinafter referred to as the "Employment Permit ") and fill in the Employment Registration Form for Foreigners to the original license-issuing authority by presenting the license certificate, the labor contract signed with the employed foreigner and the valid passport or other documents that can replace the passport.

Apply for a residence permit

Foreigners who have obtained employment permits shall, within 30 days after entering China, apply for residence permits with public security organs on the strength of their employment permits.The term of validity of the residence permit can be determined according to the term of validity of the employment permit.

Foreigners who hold employment permits and residence permits may be legally employed in China and protected by Chinese laws.To this, the Supreme People's Court on some issues of applicable law of labor dispute cases interpretation (four) also make clear a regulation, have not obtain employment certificates in accordance with that unit of choose and employ persons signs labor contract with China of foreigners, request the parties confirm that there is labor relationship with unit of choose and employ persons, the people's court shall not support.In addition, in practice, foreigners who hold a working visa need to go to a designated medical institution for physical examination before they can apply for a work permit.

Can a foreigner work part-time for two companies in our country?

According to the Regulations on the Administration of Employment of Foreigners in China, if a foreigner is employed in China, the employer must be the same as the employer specified in the employment permit.Therefore, the possibility of foreigners working part-time in more than two companies is theoretically ruled out.However, from the perspective of convenience and economy, it is common for foreign investors to send the same foreigner to work part-time in different companies in the country where they invest.Therefore, the Opinions on the Implementation of the Regulations on Employment of Foreigners in China issued by Shanghai specifically stipulate on this issue, that is, if dispatched by foreign investors, foreigners can take part-time jobs in several enterprises run by the same investor, but only one of them can handle the employment procedures.That is to say, foreigners can only take part-time jobs in different domestic enterprises they invest in if they are sent by foreign investors. In addition, foreigners are not allowed to take part-time jobs in China.

What responsibilities should an enterprise undertake if it hires foreigners without authorization?

According to the Regulations on the Administration of Employment of Foreigners in China, if a company hires a foreigner without applying for a foreigner's employment permit, such act shall constitute illegal employment.In this regard, the public security organ may, in accordance with the provisions of the Exit and Entry Administration Law of the People's Republic of China, require the enterprise to terminate the employment, and may impose a fine of RMB 10,000 yuan for each person illegally employed, with the total amount not exceeding RMB 100,000 yuan.The illegal gains, if any, shall be confiscated.At the same time, enterprises shall be ordered to bear all the costs of repatriating foreigners who have been hired without permission.