Different Steps of Employing a Foreigner in China

With many small and big foreign companies operating from China, the demand for overseas talent will only increase in the future. It has been noted that, foreign companies prefer to place talented individuals on the key posts of the company. Over the years it has become relatively easy for the foreign workers to work legally in China. There are few basic regulations need to be maintained if you want to get employed in China. Here we are explaining them:

  • The prospective employee should be over the age of 18 years old and in good health
  • Must have a specified employer and necessary professional skills and work experience for the applied position
  • Should not have any criminal record
  • The candidate holds a valid passport or any other valid travel document in lieu of passport

These rules vary according to the location, for instance, some municipalities require a different number of years for judging work experience and the candidate have to go through much paperwork, while in some municipalities the rules are not that stringent.

Certificates required to be obtained for employing foreign employees

  1. Working Permit
  2. Employment License
  3. Residence Permit

Employers generally need to follow the following steps to hire a foreigner as an employee.

First- The employer needs to apply to relevant authority for employment license for the foreigner before hiring the foreign employee

Second- After the employer obtains the employment permission, the employee needs to apply for working permit at the Chinese Embassy in the employee’s home country

Third- The foreign employee needs to apply to relevant Public Security Bureau for the residence permit within 30 days after obtaining the working permit

Fourth- Upon arrival in China, the employee must obtain (1) an alien employment permit from the relevant labor authorities and (2) an alien residence permit from the relevant public security department.

Within 15 days after the employee enters China, the employer and the employee should go to the Certificate Office. This employment permit authorises the foreigner to work only in the area specified and to apply for a residence permit. A written employment contract is required and must meet the specifications of the national (PRC Labor Law), provincial, city, and local modifications and interpretations of the national law.

The one aspect of employing a foreigner that companies need to remember is that the post that the foreigner is going to take up must be of a special need, one that cannot be satisfied by the domestic labour force.

In order to attract overseas talents into China, the country drafted a regulation called the Provisions on the Administration of Foreigners Working in China. The intention behind this law is to make the foreign workers obtain legal work permission more easily. Apart from the residents of Taiwan, Macau and Hong Kong, there is nothing in Chinese law specifically prohibiting a foreigner from conducting business as a self-employed individual. A foreigner employed in China enjoys the same privileges as a China-born employee.

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