The Employment Procedures for Foreigners without Residence Certificates

Editor:at0086 | Resource:AT0086.com

1 Application and approval

After the approval by the Competent Trade Authoritiesthe employer shall take the application form to the Labour Administrative Authorities of the provinceautonomous region or municipality directly under the Central Government or the Labour Administrative Authorities at the prefecture and city level where the said employer is located for examination and clearanceForeign professional technical and managerial personnel employed directly by the State Department Bureau of Foreign Experts of the Chinese government and those with special needs and  employed by the Labour Ministry, the Ministry of Personnel and the public security departments.

2 Demands and attention

1After the approval of employment application, the employer shall sign a hiring contract with foreigners. This contract must comply with relevant laws and regulations of the Chinese government. The copy of the contract will be submitted to the original approving authority for records.

2The employment permit is valid for one year. The employer of the foreign employee in China shall be the same as specified in his Employment License. After agreeing the terms, the employer must submit the Employment License to the original Licensing authorities within ten days after foreigners’ leaving the work. The foreign employee should go through formalities at the local public security organs 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. Employment can be renewed once only, and must not exceed one year.

3Individual economic organizations and private citizens are prohibited from employing foreigners who have not held the foreigner residence certificate and those who are under study.

4In case of loss or damage of the Emp1oyment 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.

5Permanent foreign institutions in China, the Permanent institutions of Overseas Chinese and compatriots from Hong Kong and Macao in China, foreign embassies and consulates in China and the United Nations Resident Representative in China, or proprietorship, Joint venture, cooperation enterprises abide by the procedures accordingly when employing foreigners without residency documents and those who are under study in China.

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