Recently, we see more and more foreign employees working in our Chinese client’s enterprises. In comparison to employing the citizens, there are some particulars in respect of employing a foreign employee in China.
1. When a local enterprise decides to employ a foreigner, the enterprise must apply for an Employment Permission for recruiting foreign employees and shall handle the Work Permits such foreign employees.
2. In China law, there is a special requirement as to employing a foreign student for an internship position, which require the foreign student to obtain the consent of his/her school, and to apply for the annotation of information such as the place and period for work in support of the internship with the exit and entry administration institution of relevant public security authority.
3. China law requires the employer of the foreign employee in China must be the same as that specified in his/her Work Permit. Thus, it is prohibited for an enterprise to recruit any foreign employee through dispatch mode.
4. According to relevant China law, the term of the labor contract concluded between the enterprises with the foreign staff may not exceed five years.
5. China law requires that the Work Permit shall only be effective in the region prescribed by the authority that makes the issuance. Therefore, it is not allowed for a foreign employee to work simultaneously or take any part-time job in any region other than the one listed on the Work Permit.