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What Are The Special Requirements For Employment Of Foreigners?

2009/1/15 17:24:00 41939

This huge world has long been a global village. People in every corner of the world can see people of different colors from different countries. Foreigners come to China is no longer a novelty.

Let's first define foreigners. Foreigners refer to natural persons who do not possess People's Republic of China nationality in accordance with the provisions of the People's Republic of China nationality law.

In order to avoid the generation of dual nationality, China's nationality law stipulates that Chinese citizens have only one nationality. If citizens join other nationalities, their Chinese nationality will be lost.

Therefore, those who are returning to China with foreign passports must also be employed according to the employment of foreigners.

The behavior of foreigners who do not have the right to settle in China to engage in social work and obtain remuneration in accordance with the law is regarded as the employment behavior of foreigners in China.

The notice on several specific opinions on the entry and employment of overseas personnel stipulates that "anyone who applies for employment abroad or is employed by any domestic employing unit to engage in certain social work and obtain remuneration shall be regarded as employment".

No unit shall employ overseas personnel for employment in training, training or other names.

However, it does not include diplomatic privileges and immunities among foreign embassies and consulates in China, United Nations representative offices in China and other international organizations.

Foreigners have employment permit system in China.

Foreigners who are employed in China should enter the country with professional visas (with mutual visa free agreements), and obtain employment certificates for foreigners (hereinafter referred to as employment permits) and aliens' residence certificates after entering the country, so that they can obtain employment in China.

Foreigners who have not obtained residence certificates (those who hold F, L, C, G characters), foreigners studying and practicing in China, and accompanying family members who hold professional visa foreigners shall not be employed in China.

Under special circumstances, the employer should apply for the license certificate according to the regulations, and the employed foreigner can change his status with the public security organ on the basis of his certificate of permit, and then he can obtain employment after obtaining the employment permit and residence permit.

Not all foreigners can be employed in China. The employment of foreigners in China must have the following conditions: (1) physical health at the age of 18; (two) having the professional skills and relevant work experience necessary for their work; (three) no criminal record; (four) having definite employment units; (five) holding other valid international passports or other international travel documents (hereinafter referred to as passports instead of passports).

Under the following circumstances, foreigners may be exempt from employment permits and employment permits: (1) foreign professional technical and managerial personnel directly hired by the government, or foreign professional technical and managerial personnel who have been invested and hired by state organs and public institutions and have advanced technical titles or special skills certificates recognized by the national or international authoritative technical management departments or trade associations, and hold the foreign experts' certificates issued by the Foreign Experts Bureau; (two) foreigners who hold temporary business performance licenses with the approval of the Ministry of culture.

In accordance with agreements and agreements between China and foreign governments and international organizations, aliens who are employed in China's work in Sino foreign cooperation and exchange projects and chief representatives of permanent representative offices of foreign enterprises may be allowed to issue certificates of license. After entering the country, they will directly handle employment certificates with professional visas and relevant certificates.

The employment permit for foreigners is valid only in the provincial level.

The change of employment units within the jurisdiction shall be subject to the approval of the original license issuing authority and the change of formalities.

After leaving the original area of employment, it is necessary to re apply for the employment examination and approval procedures and obtain the employment permit.

According to the provisions of the nineteenth provision of foreigners' Employment Management in China, the employment certificate of the employed foreigner and the employer when the labor contract is expired is invalid.

If renewal is required, the employing unit shall, within thirty days before the expiration of the original contract, submit an application for extending the employment time to the labor administrative department, with approval and the extension of the employment permit.

After the termination of the employment contract between the employed foreigner and the employer, the employer shall timely report the labor and public security department, return the employment certificate and residence certificate of the foreigner, and go to the public security organ for exit formalities.

As for the employment regulations of Hong Kong, Macao and Taiwan, if foreigners who come to work in China do not receive employment permits, and labor disputes with employers, in Shanghai's judicial practice, they are generally considered illegal employment and are not protected by labor law.

However, the court can be accepted as a common civil dispute.

That is, if the labor arbitration department considers that such disputes do not belong to labor disputes, the parties involved in disputes may directly bring civil proceedings to the people's court and get relief in accordance with the relevant provisions of the civil law.

根据《外国人在中国就业管理规定》（劳部发（1996）29号）,未领取就业证而擅自就业的，擅自就业的外国人和擅自聘用外国人的用人单位都应受到处罚。按照《中华人民共和国外国人入境出境管理法实施细则》第44条的规定，不按要求缴验居留证，不随身携带护照或者居留证件，或者拒绝民警查验证件的外国人，可以处警告或者５００元以下的罚款；情节严重的，并处限期出境。