Employment of foreigners in China, management of

Chapter I General Provisions The first of foreigners in China to strengthen the management of employment, in accordance with relevant laws and regulations, the development of these provisions. The second term of the foreigners, saying that in accordance with the "People's Republic of China" shall not have Chinese nationality staff. The term of employment of foreigners in China, saying that without the right to settle in China in accordance with the law of foreigners engaged in social work and to obtain payment for labor violations. Article III of this requirement will apply to the employment of foreigners in China and the employers to employ foreigners. This provision does not apply to foreign embassies, consulates and embassies on behalf of the United Nations agencies, other international organizations enjoying diplomatic privileges and immunities of the staff. Article IV of the provinces, autonomous regions and municipalities directly under the Central People's Government, the labor administrative departments and authorized to municipal labor administrative department is responsible for the employment of foreigners in the Chinese management. Chapter II Employment License Article V of employers to employ foreigners shall apply for employment permits for foreigners, and made by the approved "People's Republic of China permit the employment of foreigners" (hereinafter referred to as license) before hiring. Article VI of employers to employ foreigners should be engaged in posts with special needs, lack of domestic temporary fit and proper person, and not in violation of the relevant provisions of national positions. Employers may not employ foreigners to engage in business of theatrical performances, but in accordance with the provisions of Article IX of the provisions of the third exception. Article VII of the foreigners employed in China shall meet the following requirements: (A) over 18 years of age, physical health; (B) to carry out their work with the necessary expertise and relevant work experience; (C) no criminal record; (D) to determine the employment units; (E) hold a valid passport or passport can be replaced by other international travel documents (hereinafter referred to documents in lieu of passports). Article VIII of the employment of foreigners in China should have an occupational visa (with visa abolition agreement, in accordance with the agreement process), after the entry "employment permit of foreigners" (hereinafter referred to as evidence of employment) and residence of foreigners documents, can be used at the employment in China. Did not obtain residence of undocumented aliens (that is, holders of F, L, C, G visa words), in China to study, practice and hold professional visa foreigners foreigners may not be accompanied by family members of employment in China. Special circumstances, the employing units should be provided in accordance with the provisions of the approval process to apply for a permit book, to be employed by permit foreigners to change the identities of the public security organs, the processing of employment permit, residence permit before the employment. Chinese foreign consulates and United Nations system, other international organizations on behalf of organizations in China's spouse employment in China should be "People's Republic of China Ministry of Foreign Affairs on the foreign diplomatic or consular missions in China and the United Nations system organizations in China on behalf of bodies spouses serving in China stipulates that "the implementation of, and this second examination and approval procedures stipulated in the relevant formalities. License issued by the Ministry of Labor and employment Production Unity. Meet the requirements of Article IX, one of the following conditions for exemption of foreigners employment permits and employment permits: (A) direct investment by the Chinese government to hire foreign professional technical and managerial personnel, or by the state-funded agencies and institutions to engage 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 holds a Bureau of Foreign Experts issued by the "foreign expert evidence" of aliens; (B) Holders of "foreigners in the People's Republic of China work permit to engage in offshore oil operations," engaged in offshore oil operations, without landing, there are special skills of foreign workers; (c) approved by the Ministry of Culture had "temporary operating permit to perform card "to carry out business performances of the foreigners. Meet the requirements of Article X of the foreigners one of the following conditions may be exempt license, entry visas and related career with a direct proof of employment permit for: (A) in accordance with our country and among foreign governments, international organizations, intergovernmental agreements, agreements, the implementation of Sino-foreign cooperation and exchange projects for employment of foreigners working in China; (B) foreign enterprises in China, Permanent Representative on behalf of institutions, on behalf of. Chapter III of the application and approval Article XI of employers to employ foreigners, to fill in "the employment of foreigners employment application form" (hereinafter referred to as the application form), its labor administrative departments of the competent authorities at the same level of trade (hereinafter referred to as the industry competent authorities) to apply, and effective to provide the following documents: (A) to employ foreign nationals to prove history; (B) a letter of intent to employ; (C) to report the reasons for the employment of foreigners; (D) to employ foreign nationals to be involved in the certification work; (E) to be employed to prove the health status of foreigners; (Vi) laws and regulations of other documents. The industry competent authorities shall, in accordance with the provisions of Article VI, VII and related laws and regulations for approval. Article XII of the competent authority by the industry, the employer should have an application form to the unit area of provinces, autonomous regions and municipalities directly under the central labor administrative department or its authorized municipal labor administrative departments to handle the approval process. Provinces, autonomous regions and municipalities directly under the central labor administrative department or authority to the municipal labor administrative departments shall designate the specialized agencies (hereinafter referred to as certification authorities) specifically responsible for issuing work permit. Certification bodies should be the competent authorities in accordance with the views of industry and labor market conditions demand for approval and the approval of the employing units to the license issued. Article XIII of the central-level employers, non-industry department in charge of the employers to employ foreigners, directly to the labor administrative department to apply for certification authorities and procedures for the employment permit. Hiring of foreign-invested enterprises to foreigners, there is no need industry department in charge of examination and approval, can contract, statute, the approval certificate, business license and the provisions of Article XI of the provisions of the document directly to the labor administrative department to apply for license issuing authority. Article XIV allowed employers to employ foreigners shall be authorized to employ foreigners to be given notice and a permit issued by a visa letter books, shall not be employed directly to the license issued by foreigners. Article XV allowed the employment of foreigners in China should be by permit issued by the Ministry of Labor was authorized to inform the message and its own can be a valid passport or travel documents in lieu of passports to the Chinese embassies, consulates and embassies to apply for employment visas Department . Where in accordance with the provisions of the provisions of Article IX of the first officers should be authorized by the notification letters and telegrams to apply for employment visas; where the second line with the provisions of Article IX of the staff, should be with the China National Offshore Oil Corporation issued a notice to apply for employment visa letters and telegrams ; where the third line with the provisions of Article IX of the staff, should be based on the relevant provinces, autonomous regions and municipalities directly under the Central People's Government Foreign Affairs Office of the Ministry of Culture of the notification message and the documents (on the track made in foreign countries, embassies, consulates, Agency) to apply for employment visas. Where in accordance with the provisions of Article X of the provisions of the staff, should be authorized by the notification message and the cooperation and exchange projects to apply for employment visas book; where the second line with the provisions of Article X of the staff, should be authorized by the notification message and industrial and commercial administration departments of the registration certificate to apply for employment visas. Article XVI employers should be employed within 15 days after the entry of foreigners, license holders, and foreigners to be employed in the labor contract signed and a valid passport or passport to replace the original documents to the issuing authority for foreigners for employment permits, and fill out the "registration form of employment of foreigners." Employment permit issuing authority only in the region provided effective. Article XVII of employment permits for foreigners, should be within 30 days after entry, employment permit holders to apply for the public security organs residence permit. Documents the validity of residence under the employment permit to determine the validity. Chapter IV Labor Management Employing units and the 18th article of the foreigners to be employed should be entered into labor contracts in accordance with the law. The longest duration of the labor contract shall not exceed five years. Expiry of the labor contract shall be terminated, but in accordance with the provisions of Article XIX to fulfill an option to renew after the examination and approval procedures. Article XIX of the foreigners to be employed with the employers to sign labor contract expires, the employment permit shall be invalid. For renewal, the employer should be in the original contract prior to the expiry of 30 days, the labor administrative department to be employed to extend the application and approval procedures for extension of employment permit. 第二十条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 for an extension of stay or change the procedures documents. Article twenty-first foreigners to be employed with the employer was removed from the labor contract, the employer should promptly report labor, public security departments, the return of the alien employment permit and residence documents, and to the public security organs for departure clearance. Twenty-second article by the employer to pay wages to employ foreigners shall not be less than the local minimum wage. Article twenty-employment of foreigners in China, working hours, rest, leave the labor safety and health and social insurance in accordance with relevant provisions of the state. The twenty-fourth article of the employment of foreigners in China employing units and their employment certificate must be specified in line units. Certification bodies of foreigners in the region to change the provisions of the employing units are still engaged in the original occupation, subject to the approval of the original issuing authority, and change the procedures for the employment permit. Foreigners to leave the issuing authority of regional employment or in the original provisions of the employing units to change the region and engaged in different occupations, and to re-apply for employment permit procedures. Article by Chinese law for breach of the public security organs in China to stay eligible for the abolition of the foreigners, the employer should be the lifting of the labor contract, labor department employment permit should be revoked. Article twenty employers hiring foreigners and the occurrence of labor disputes shall be in accordance with the "People's Republic of China Labor Law" and "People's Republic of China to deal with labor disputes Ordinance" to deal with. The twenty-seventh article of the labor employment permit the executive branch to implement the annual inspection. Employers to employ foreign nationals over 1 year for each job should be within 30 days prior to the expiration of the labor administrative departments for the issuing authority for the employment of foreigners employed permit inspection procedures. Overdue run, employment permits on their own failure. Employment of foreigners in China during the period of their employment is lost or damaged cards immediately to report the loss for the original issuing authority, to re-submit or replacement procedures. Chapter V Penalty Article twenty-eighth did not violate the provisions of the employment authorization card to apply for employment of foreigners and non-permit authorization for the employers to employ foreigners from the public security organs according to "People's Republic of China Entry and Exit of Aliens Act Implementation Rules," 40th four deal with. Twenty-ninth article of the executive branch refused to check the work permit employment, change employers without authorization, unauthorized occupation, employment authorization to extend the deadline for foreigners who withdraw from the labor administrative departments of their employment, and to draw the attention of the public security organs eligible for cancellation of their residency. To be the organ of deportation, removal costs from the employment of units or the foreigners to bear. Article 30th forge, fraudulently use, transfer, sale of permits and permit the employment of foreigners and the employer by the labor administrative departments of employment permits and permits the collection of books, the confiscation of their illicit gains, and subjected to 1 million 100,000 million fine; serious to constitute a crime, according to the law transferred to judicial organs for criminal prosecution. 第三十一条issuing authority or the staff of relevant departments of abuse of power, illegal charges, corruption, constitute a crime, shall be held criminally accountable; does not constitute a crime, be given administrative punishment. Chapter VI Supplementary Provisions Thirty-second article of China's Taiwan and Hong Kong and Macao residents employed by the "Taiwan and Hong Kong and Macao residents employment regulations in the Mainland" to implement. Thirty-third article of foreigners in China's Taiwan and Hong Kong and Macao are not applicable to the provisions of the employment. Prohibits the 34th individual economic organizations and individual citizens to employ foreigners. Article provinces, autonomous regions and municipalities directly under the central administrative departments of labor in the public security departments in accordance with the provisions of the development of the implementation details of the region, they shall be reported to the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs, Foreign Trade and Economic Cooperation record. The provisions of Article 36th of the explanation by the Ministry of Labor. Since the provisions of Article 37th May 1, 1996 will come into effect. Former Labor Ministry of Personnel and the Ministry of Public Security 5 October, 1987 release "did not obtain residence on undocumented aliens and foreigners come to China to study a number of employment in China stipulates that" abolished at the same time.