Legal Arrangement-Employees

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Legal Arrangement-Employees

Foreign Employment in China

Under the Rules for the Administration of Employment of Foreigners in China, a foreigner refers to a natural entity without a Chinese nationality under the Nationality Law of the People’s Republic of China. According to these rules, employment of foreigners in China refers to foreigners without permanent residence status who engage in remunerative work within Chinese territory in accordance with law.


 

Foreigners who seek to work in China shall meet the following conditions:

1) 18 years old or older and healthy

2) With professional skills and work experience

3) Without criminal record

4) Employed by a clearly-defined employer

5) Valid passport or travel documents for working in China

 

Our government adopts a licensing system for foreigners to enter into the labor market of China. Foreigners shall apply for employment permit and be employed after they receive the approval. There are three steps for applying the employment permit in China:

1) To claim the alien employment license of the People’s Republic of China

2) To apply for a Professional Visa

3) To obtain the Foreigner Employment Permit of the People’s Republic of China and the foreigner residence certificate

 

Generally, employment Visa for entry into China is necessary for foreigners who seek to be employed in China. Foreigners without residence certificate issued, who are studying or taking an interim program in China including the family members of employment visa holders shall not work in China. Employment permit and residence certificate shall be obtained before their entry into the labor market.

 

There are exemptions for foreigners to work in China without employment license and employment permit when they meet any of the following conditions:

1) Foreign professionals who are invited directly by the Chinese government, state organs or institutions, holding foreign expert certificate

3) Foreigners who engage in the offshore petroleum operations in China

4) Foreigners who engage in commercial artistic performances within Chinese territory with the approval of the Ministry of Culture

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