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Top 5 Questions about Employment of Foreigners in China

Editor : Y.Carla   |   Resource : AT0086.com

As China has joined the World Trade Organization (WTO) in 2001, more and more expats are working in china. In Shanghai alone, where more than half of the global top 500 multinationals have a presence, an estimated 40,000 foreigners work. “Foreigners with managerial and professional skills are welcome to work in China," said Gao Lin, an official with the ministry's employment department. Here are some tips about employment of foreigners in China:
 
  Can expats work in China?
According to the law “Rules for the Administration of Employment of Foreigners in China” which is promulgated jointly by the Ministry of Labor, Ministry of public Security, Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China on 22 January 1996, the foreigners can work in China. The term "foreigners" in these Rules refers to the persons, who under the Nationality Law of the People's Republic of China, do not have Chinese nationality.The term "employment of foreigners in China" in these Rules refers to acts of foreigners without permanent residence status to engage in remunerative work within Chinese territory in accordance with it laws.
 
   Conditions for expats to work in China
According to the law “Rules for the Administration of Employment of Foreigners in China”, any expats seeking employment in China shall meet the following conditions:
(1) 18 years of age or older and in good health;
(2) With professional skills and job experience required for the work of intended employment;
(3) With no criminal record;
(4) A clearly-defined employer;
(5) With valid passport other international travel document in lieu of the passport.
 
  Administrative sector of employment of foreigners in China
According to the law “Rules for the Administration of Employment of Foreigners in China”, the labor administrative authorities of the people's government of the provinces, autonomous regions and municipalities directly under the Central Government and those at the prefecture and city level with their authorization are responsible for the administration of employment of foreigners in China.
 
  The Employment License and employment Permit administration of employment of Foreigners in China
(1) The Employment License and the Employment Permit shall be designed and prepared exclusively by the Ministry of Labor.
(2) The Employment Permit of the employed foreigner shall cease to be effective upon the expiration of the term of the labor contract between the foreigner and his employer. After the termination of the labor contract between the foreign employee and his employer, the employer should promptly report it to the labor and public security authorities, return the Employment Permit and the residence certificate of the said foreigner, and go through formalities for his exit from China.
(3) When the foreigner switches employers within the area designated by the Certificate Office but stays in a job of the same nature, the change must be approved by the original Certificate Office and recorded in his Employment Permit.
If the foreigner is to be employed outside the area designated by the Certificate Office or switch employer within original designated area while taking up jobs of a different nature, he must go through formalities for a new Employment License.
(4) For foreigner whose residence status is revoked by public security organs due to his violation of Chinese law, his labour contract should be terminated by his employer and his Employment Permit be withdrawn by the labour administrative authorities.
(5) In case of loss or damage of the Employment Permit during the term of his employment in China, the foreigner should promptly report it to the original Certificate Office and go through formalities for the issuance of the Employment Permit.
(6) The foreign employee should, within ten days after obtaining the approval for extension of his term of employment in China or the change of his employment location or his employer, go through formalities for the extension or change of his residence certificate at the local public security organs.
 
  Application scope of “Rules for the Administration of Employment of Foreigners in China”

These Rules shall apply to employed expats within Chinese territory and their employers. These Rules shall not apply to expats who enjoy diplomatic privileges and immunities employed by foreign embassies or consulates, or the offices of the United Nations and other international organizations in China.