BIZCHINA / Labour
Provisions on Administration of Employment of Foreigners in China
Updated: 2006-05-08 11:04
Article 13
Employer units at the central level and those without being affiliated to
any departments in charge of respective trades may, if they want to
employ foreigners, directly file applications and go through employment
permission procedures with the certificate issuing departments of labour
administrations.
Enterprises with foreign investment hoping to employ foreigners do not
need to ask for examination and approval from departments in charge of
respective trades. They may apply for and obtain certificates of
permission directly from the certificate issuing departments of labour
administrations on the strength of their contracts, articles of
association, certificates of approval, business licenses, and the
documents specified in Article 11 of these Provisions.
Article 14
The employer units that have obtained the approval to employ foreigners
shall not directly issue certificates of permission to the foreigners to
be employed. The authorized units shall issue visa notices and
certificates of permission to the foreigners to be employed in stead.
Article 15
The foreigners who have obtained approval to work in China shall apply
for occupation visas at Chinese embassies or consulates on the strength
of the certificates of permission issued by the Chinese Ministry of
Labour, the notices and certificates of permission issued by authorized
units, valid passports issued by their own countries, or documents that
can substitute passports.
Those conforming with conditions specified in Paragraph 1 of Article 9 of
these Provisions shall apply for occupation visas on the strength of the
notices sent by authorized units, those conforming with conditions
specified in Paragraph 2 of Article 9 of these Provisions shall apply for
occupations visas on the strength of the notices given by the China
Offshore Oil Corporation, and those conforming with conditions specified
in Paragraph 3 of Article 9 of these Provisions shall apply for
occupation visas on the strength of the notices given by the foreign
affairs offices of the people's governments of relevant provinces,
autonomous regions or municipalities and the documents of approval issued
by the Ministry of Culture (both will be given directly to Chinese
embassies or consulates in the countries concerned).
Those conforming with conditions in Paragraph 1 of Article 10 of these
Provisions shall apply for occupation visas on the strength of the
notices given by authorized units and letters of projects of cooperation
and exchange. Those conforming with conditions specified in Paragraph 2
of Article 10 of these Provisions shall apply for occupation visas on the
strength of the notices given by authorized units and certificates of
registration issued by administrations for industry and commerce.
Article 16
Employer units shall, within 15 days of the entry of the foreigners they
employ, apply to the original certificate issuing departments for
certificates of employment for these foreigners and fill the Form of
Registration of Employment of Foreigners) on the strength of the
certificates of permission, the labour contracts they have signed with
these foreigners, the valid passports of these foreigners, or documents
that can substitute the passports.
The certificates of employment are valid only in areas designed by
certificate issuing departments.
Article 17
Foreigners who have received certificates of employment shall, within 30
days after entry, apply for and obtain residence cards from public
security departments on the strength of their certificates of employment.
The term of validity of residence cards can be determined according to
the term of validity of the certificates of employment. Chapter IV Labour
Management
Article 18
Employer units and the foreigners employed shall sign labour contracts in
accordance with law. The term of labour contracts shall not be more than
five years at the longest. Labour contracts shall terminate upon the
expiration of their terms, although their can be renewed after completing
procedures of examination and approval as stipulated in Article 19 of
these Provisions.
Article 19
The certificates of employment of foreigners shall become invalid upon
expiration of the labour contracts they sign with employer units. If both
parties hope to prolong the contracts, the employer unit shall apply,
within 30 days of the termination of the original labour contracts, to
labour administrations for prolonging the employment and go through, if
approved, procedures for extending the term of the certificates of
employment.
Article 20
The foreigners who have prolonged their term of employment in China or
changed their locations of employment or employers shall go through
alteration procedures with local public security departments within 10
days of such changes.
Article 21
After termination of the labour contracts between the employed foreigners
and the employer units, the employer units shall make timely reports to
labour and public security departments, return the certificates of
employment and residence cards of the foreigners, and go through exit
procedures with public security departments.
Article 22
Employer units shall not pay the foreigners they employ wages lower than
local minimum wage standards.
Article 23
The working hours, rest, holidays, labour safety and sanitation, and
social insurance for foreigners employed in China shall be handled in
line with relevant State provisions.
Article 24
The employer units with which the foreigners work in China shall be same
and one as specified in the certificates of employment.
The foreigners who change their employers within the location designed by
the certificate issuing departments but still engage in the same
occupation shall ask for approval from the original certificate issuing
departments and go through employment alteration procedures.
The foreigners who get jobs beyond the area designated by the
certificates issuing departments or change their employer within the area
designated by the certificate issuing departments but engage in different
occupations shall go through procedures for employment permission anew.
Article 25
Employer units must terminate their labour contracts with the foreigners
who have been deprived by Chinese public security departments of the
right to reside in China due to violation of Chinese laws, and labour
departments shall revoke the certificates of employment of these
foreigners.
Article 26
Should any labour disputes arise between employer units and employed
foreigners, these disputes shall be handled in line with the Labour Law
of the People's Republic of China and the Regulations of the People's
Repu lic of China on the Settlement of Labour Disputes in Enterprises.
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