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Making it work, legally

Updated: Dec 29,2015 7:54 AM     China Daily

Foreigners who seek long-term employment in China should observe the following regulations:

Requirements for foreigners employed in China

In accordance with the relevant Chinese laws and regulations, any foreigners seeking employment in China shall meet the following conditions:

(1) 18 years of age or older and in good health

(2) Possessing professional skills and job experience required for the intended employment

(3) No criminal record

(4) A clearly defined employer

(5) Holding a valid passport or other international travel document in lieu of a passport

・The circumstances where a foreigner can’t be employed in China

In accordance with the relevant Chinese laws and regulations, foreigners may not work in China under the following circumstances:

(1) Foreigners who have not been issued residence certificates-for instance, holders of F, L, C or G-type visas-shall not work in China without the approval of the Chinese Ministry of Human Resources and Social Security

(2) Foreigners pursuing study or internship programs in China-for instance, holders of X-type visas who are studying or have internships in China or scholars doing research in China-shall not be employed in China without the approval of the Ministry of Human Resources and Social Security

(3) The families of holders of employment visas shall not work in China without the approval of the Ministry of Human Resources and Social Security

Formalities for seeking employment in China

Foreigners seeking employment in China must first apply to a Chinese embassy, consulate or consular office for an employment visa and enter China holding an employment visa. Foreigners applying to work in an ordinary job in China should apply for a Z visa. Foreigners with high skills, specialists and those who are urgently needed should apply for an R visa. After entering China, all foreigners need to apply for a foreign employment permit and foreigner residence permit before starting work.

Employment permits in China

The employment permit for foreigners in China must be handled by the employer in accordance with the relevant regulations. The employer should, within 15 days of the entry of the employed foreigner, take to the local labor administration the employment license, the labor contract with the foreigner and his or her passport or travel document to receive the employment permit after filling out a foreigner employment registration form. The employment permit will be effective only within the area specified by the labor administration.

Penalties for violating the administrative regulations on employment licenses

According to the relevant laws and regulations, foreigners who violate the administrative regulations on employment licenses and employment permits may face the following consequences:

(1) For foreigners who refuse to have their employment permit inspected by the labor administrative authorities, change their employment, employer or profession at will or extend their term of employment without permission, the labor administrative authorities may withdraw their employment permit and recommend that their residence status be canceled by the public security organs.

(2) For foreigners and employers who forge, alter, falsely use, transfer, buy or sell employment permits or employment licenses, the labor administrative authorities can revoke the employment permit or employment license in question, confiscate any illegal earnings and impose a fine of between 10,000 yuan ($1,544) and 100,000 yuan. In serious cases that constitute a crime, the criminal responsibility of the perpetrators shall be looked into by the judicial authorities.

China Legal Publicity Center provided this article.

For more information, log onto http://english.legalinfo.gov.cn/

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