FAQs on Foreigners’ Employment Affairs
Q1
I’m a foreigner, and many of us want to go to China to work there, so we want to know if there are any regulations of the foreigner’s employment.
According to the governmental regulations, any foreigner seeking employment in China shall meet the following conditions:
- between the age of 18 and 60 for male, and between 18 and 55for female;
- in good health;
- with professional skills and job experience required for the work of intended employment;
- with no criminal records;
- a clearly-defined employer;
- with valid passport or other international travel document in lieu of the passport.
Q2
What kind of foreigners is most needed in China?
China is a developing country. We need to bring in many forging capitals during our developing. We need to learn from foreign advanced administrative theories and scientific technology; so Chinese government encourages foreign investment, especially in high-new technology and other advanced fields. So normally, Chinese government welcomes those foreign investors, high-level administrators and technical staff to work in China.
Q3
Does Chinese government have any certain regulations on what situations employers can recruit foreigners in?
In order to release the pressure of internal employment situation, for normal vacancies, we put internal labor force in preferential consideration. The post to be filled by the foreigner recruited by the employer shall be:
- the posts of special need;
- the posts that cannot be filled by any domestic candidates for the time being;
- but violates no government regulations.
Q4
I’ve been told that foreigner who intends to work in China shall apply for employment permission, obtain Employment License, and then apply for Employment Permit. How to apply for those two certificates? Can I start working for my employer after receiving my Employment License?
If employment is going to occur between the employer in Shanghai and a foreigner, the employer shall apply to the Labor Bureau of Shanghai for the Employment License before the entry of the foreigner. After the application is approved, Employment License of the foreigner shall be granted to the employer. Then the employer shall visit authorized organizations (Shanghai Municipality Foreign Trade and Economy Committee or Foreign affairs Office of Pudong New Area) and go through formalities for the Z visa (employment Visa) notification. After the entry of the foreigner with Z visa (employment Visa), the employer shall apply to the Labor Bureau of Shanghai for the Employment Permit with relevant documents such as the Employment License, then apply to the entry-exit administration department for the residence permit by presenting the Employment Permit. Only on finishing these procedures can the foreigner work and reside in Shanghai legally. Employment between holder of a mere Employment License and employer is illegitimate.
Q5
I am going to be assigned by overseas headquarter to work for a foreign-invested enterprise in Shanghai, and I sign my contract with the overseas headquarter that pays me salary. In this situation, is it necessary for me to go through formalities for employment certificates?
If the remuneration of assigned foreigner is paid abroad, he or she may be exempted from the Employment License and Employment Permit, provided he or she has worded less than 3 months in Chinese territory. However, if he or she has worked in Chinese territory for more than 3 months in a year, application for Employment License and Employment Permit has to be made.
Q6
I, a foreign student, decide to stay and work in Shanghai due to the great impressions she has been giving to me. As a holder of valid residence permit for students, can I apply for Employment Permit directly if one employer offers me a job?
Since the holder of residence permit for students stays in China for studying, you cannot apply for Employment Permit even if there is an employer who intends to employ you. You can only go through formalities for employment procedures after finishing your study and obtaining relevant certificates or diplomas.
Q7
My spouse is permitted to work in Shanghai, and I also live in Shanghai with a residence permit for dependents. Being a holder of valid residence permit, can I work for a company if it intends to employ me?
No, you cannot work for any employer as long as you reside in China as a dependent. The state of being employment is not legitimate until employer obtains your Employment License and Employment Permit at relevant authorities, and changes your purpose of residence from dependents to employment.
Q8
I entered China with an L or F visa, and can I start working within the validity of this visa if there is a company intends to employ me for a short period of time?
No. F visa can only be used for business trip or visiting, while L visa for tourism. So no matter how long will you work in China. The employer has to go through for employment procedures if it intends to employ you.
Q9
I’ve been working in a local company for years, and being a holder of a valid Employment Permit. Can I left for another company or have a part-time job with this Employment Permit if there is an offer?
No. According to relevant regulations, a foreigner can only work for the employer registered on the Employment Permit. The state of being employed by a second employer is illegitimate unless those employers are invested by a same investor. Therefore, the correct procedure of changing employer shall be as follows:
- you shall resign from your employer according to the terms mentioned in your labor contract, and get agreed by the employer;
- the new employer shall apply for the amendment of your Employment Permit and residence permit with relevant documents;
- then you can start working for the new employer.
Q10
My current employer has completed the procedures of employment and residence for foreigners, and promised me certain payment and welfare. However, the actual payment or welfare is not as much as the commitment says. In this case, what shall I do to strive for my legitimate rights?
When employment occurs between you and a certain employer, it is recommended that both party validate each other’s rights and responsibilities in written form. In case of legitimate rights infringed, you may apply for an arbitration of labor disputes at labor arbitration committee, provided that you hold a valid Employment Permit registered under that employer’s name. Otherwise, labor arbitration committee is not able to accept your application for arbitration even if your legitimate right is infringed. That is to say, your legitimate right will not be protected.
Procedures of Applying for the Employment License and Employment Permit
The employer that intends to employ foreigner shall apply for Employment License for the foreigner to be employed in the Shanghai Municipal Labor and Social Security Bureau Reception Center of Employment Affairs of Foreigners before he or she enters China.
The employer shall go through formalities with the Shanghai Municipality Foreign Trade and Economy Committee (Tel:8621- 62752200-265) or the Foreign Affairs Office of Pudong New Area (Tel: 8621-28282638) for the Z visa (Employment Visa) notification of the foreigner.
Foreigner with permission to work in Shanghai shall apply for the Z visa (Employment Visa) at the Chinese embassies or consulates by presenting his or her passport, Employment License, and Letter of Visa Notification.
After entering China with Z visa, the foreigner shall make a health examination at Exit-Entry and Quarantine Bureau of Shanghai Municipality (Tel: 8621-62688851).
Foreigner shall apply for the Employment Permit in the Shanghai Municipal Labor and Social Security Bureau Reception Center of Employment Affairs of Foreigners after passing the health examination and receiving a physical examination record.
Foreigner who receives Employment Permit shall go through formalities for the residence permit at Exit-Entry Administration Bureau of Shanghai Municipality (Tel: 8621-28951900).
Compiled & Explained by:
Cherry Qiu
Legal Assistant
Allen & John Law Firm
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