BIZCHINA / Labour
Provisions on Administration of Employment of Foreigners in China
Updated: 2006-05-08 11:04
Article 27
Labour administrations shall carry out annual checks of certificates of
employment.
Within 30 days of the conclusion of each full year of employment of
foreigners, the employer units shall go through procedures with the
certificate issuing departments of labour administrations for the annual
check of certificates of employment on behalf of the foreigners they
employ. Certificates of employment shall become invalid automatically
should employer units fail to go through these procedures within the
prescribed time.
Foreigners who lose or damage their certificates of employment while
working in China shall report their cases to the original certificate
issuing departments and go through procedures for new certificates.
Chapter V Penalty Provisions
Article 28
Foreigners who get employed without obtaining certificates of employment
and employer units that employ foreigners without obtaining certificates
of permission shall be handled by public security departments in line
with Article 44 of the Rules for the Implementation of the Law of the
People's Republic of China on Administration of the Entry and Exit of
Foreigners.
Article 29
Labour administrations shall revoke the certificates of employment of
foreigners who refuse checks of their certificates of employment by
labour administrations, change their employers or jobs without
permission, or prolong their terms of employment without authorization,
and ask public security departments to deprive these foreigners of their
qualification for residing in China. If these foreigners are to be
repatriated, the repatriation costs shall be shouldered by the employer
units or the foreigners themselves.
Article 30
Foreigners and employer units that forge, alter, transfer, trade or use
other's certificates of employment or certificates of permission shall be
subject to confiscation of these certificates of employment or
certificates of permission by labour administrations and be fined at
between over 10,000 yuan and below 100,000 yuan. Those who commit cases
so serious as to become criminal shall be handed over to judicial
departments to affix criminal responsibilities.
Article 31
The staff members of certificate issuing departments and other relevant
departments who usurp their power, ask for illegal charges, or do wrong
to serve their friends or relatives and as a result commit crimes shall
be affixed with criminal responsibilities or be administratively
disciplined if their cases are not so serious as to be criminal.
Chapter VI Supplementary Provisions
Article 32
Residents from China's Taiwan, Hong Kong and Macao regions who seek jobs
on the Chinese mainland shall be treated in line with the Provisions on
Administration of Employment of Taiwan, Hong Kong and Macao Residents on
the Chinese Mainland.
Article 33
These Provisions are not applicable those foreigners who are employed in
China's Taiwan, Hong Kong, or Macao regions.
Article 34
Privately-owed economic organizations and individuals are forbidden to
employ foreigners.
Article 35
Labour administrations at the provincial, autonomous regional and
municipal level may formulate, together with public security departments
and other departments, local implementing rules of these Provisions and
report these rules to the Ministry of Labour, the Ministry of Public
Security, the Ministry of Foreign Affairs, and the Ministry of Foreign
Trade and Economic Cooperation for the record.
Article 36
The Ministry of Labour is responsible for the interpretation of these
Provisions.
Article 37
These Provisions shall enter into force as of May 1, 1996. The Provisions
on the Employment of Foreigners Who have Not Obtained Residence Cards and
Foreigners Who Come to China for the Purpose of Study promulgated by the
former Ministry of Labour and Personnel and the Ministry of Public
Security on October 5, 1987 shall be repealed simultaneously.
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