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Legal Procedures Involved in Hiring Persons From Hong Kong, Taiwan & Macau in China

Hiring employees from Hong Kong, Taiwan and Macau in the Chinese mainland requires meeting certain legal procedures and receiving proper government permission. The present Provisions are formulated according to the Labor Law of the People’s Republic of China and other relevant laws and administrative regulations. Here we are categorically discussing the procedures for hiring employees from Hong Kong, Macau and Taiwan in China.

The procedure to employ staffs from Hong Kong in China-

It is important to be aware of the legal formalities involved in the hiring process and to have a clear understanding of the employment legislation for the residents of Hong Kong in mainland China. Hong Kong people are familiar with the Chinese and western culture and are often well versed in international business practices.

Where an employing entity plans to hire persons from Hong Kong the said persons shall meet the following conditions:

  • They must be aged 18 up to 60 (the age of an investor that directly participates in the business operation or a technical person badly needed in the Mainland may be over 60)
  • Should be in good health
  • Must have effective travel permits (including the valid certificates for Hong Kong residents to come and go to the Mainland as issued by the competent organs in the Mainland)
  • Should have corresponding qualification certificates as prescribed by the State in the case of that the engagement in professional (technical) occupations is prescribed by the State
  • Must maintain other qualifications as prescribed by laws and regulations

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The procedure to employ staffs from Taiwan in China-

Since China embarked on its reform and open-up policies in the late 70s, pragmatism prevailed over animosity in Mainland China and Taiwan. The two countries have grown closer together, especially integrating in economic terms. For cross-border business purposes, China treats Taiwan as it does with Hong Kong and Macau – part of China, but an entity with its own laws.

Where an employing entity plans to hire persons from Taiwan the said persons shall meet the following conditions:

  • 18 years of age or older and in good health
  • With professional skills and job experience required for the work of intended employment
  • With no criminal record
  • A clearly-defined employer
  • With valid passport or other international travel document in lieu of the passport (hereinafter referred to as the “Travel Document”)

The procedure to employ staffs from Macau in China-

Macau kept its role as a bridge between East and West. China and Macau both countries have grown closer together, especially integrating in economic terms. For cross-border business purposes. Residents from Macau need to follow the same law and procedures followed by the residents of Hong Kong and Taiwan to get employed in the mainland China.

Along with the above mentioned procedures, employees from these three nations must also provide the following documents:

  1. A letter of intent or a labor contract with the employee
  2. Any applicable professional qualification certificate
  3. A copy of the employer’s business license
  4. A health certificate

The local labor bureau will verify all the documents and if no discrepancy is found, residents will get the required permission within a month or so.

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