Article 13
Employer units at the central level and those without being
affiliated to any departments in charge of respective trades may, if they want
to employ foreigners, directly file applications and go through employment
permission procedures with the certificate issuing departments of labour
administrations.
Enterprises with
foreign investment hoping to employ foreigners do not need to ask for
examination and approval from departments in charge of respective trades. They
may apply for and obtain certificates of permission directly from the
certificate issuing departments of labour administrations on the strength of
their contracts, articles of association, certificates of approval, business
licenses, and the documents specified in Article 11 of these Provisions.
Article 14
The employer units that have obtained the approval to employ
foreigners shall not directly issue certificates of permission to the foreigners
to be employed. The authorized units shall issue visa notices and certificates
of permission to the foreigners to be employed in stead.
Article 15
The foreigners who have obtained approval to work in China
shall apply for occupation visas at Chinese embassies or consulates on the
strength of the certificates of permission issued by the Chinese Ministry of
Labour, the notices and certificates of permission issued by authorized units,
valid passports issued by their own countries, or documents that can substitute
passports.
Those conforming with conditions specified in Paragraph 1 of
Article 9 of these Provisions shall apply for occupation visas on the strength
of the notices sent by authorized units, those conforming with conditions
specified in Paragraph 2 of Article 9 of these Provisions shall apply for
occupations visas on the strength of the notices given by the China Offshore Oil
Corporation, and those conforming with conditions specified in Paragraph 3 of
Article 9 of these Provisions shall apply for occupation visas on the strength
of the notices given by the foreign affairs offices of the people's governments
of relevant provinces, autonomous regions or municipalities and the documents of
approval issued by the Ministry of Culture (both will be given directly to
Chinese embassies or consulates in the countries concerned).
Those conforming
with conditions in Paragraph 1 of Article 10 of these Provisions shall apply for
occupation visas on the strength of the notices given by authorized units and
letters of projects of cooperation and exchange. Those conforming with
conditions specified in Paragraph 2 of Article 10 of these Provisions shall
apply for occupation visas on the strength of the notices given by authorized
units and certificates of registration issued by administrations for industry
and commerce.
Article 16
Employer units shall, within 15 days of the entry of the
foreigners they employ, apply to the original certificate issuing departments
for certificates of employment for these foreigners and fill the Form of
Registration of Employment of Foreigners) on the strength of the certificates of
permission, the labour contracts they have signed with these foreigners, the
valid passports of these foreigners, or documents that can substitute the
passports.
The certificates of employment are valid only in areas designed by
certificate issuing departments.
Article 17
Foreigners who have received certificates of employment shall,
within 30 days after entry, apply for and obtain residence cards from public
security departments on the strength of their certificates of employment. The
term of validity of residence cards can be determined according to the term of
validity of the certificates of employment. Chapter IV Labour Management
Article 18
Employer units and the foreigners employed shall sign labour
contracts in accordance with law. The term of labour contracts shall not be more
than five years at the longest. Labour contracts shall terminate upon the
expiration of their terms, although their can be renewed after completing
procedures of examination and approval as stipulated in Article 19 of these
Provisions.
Article 19
The certificates of employment of foreigners shall become
invalid upon expiration of the labour contracts they sign with employer units.
If both parties hope to prolong the contracts, the employer unit shall apply,
within 30 days of the termination of the original labour contracts, to labour
administrations for prolonging the employment and go through, if approved,
procedures for extending the term of the certificates of employment.
Article 20
The foreigners who have prolonged their term of employment in
China or changed their locations of employment or employers shall go through
alteration procedures with local public security departments within 10 days of
such changes.
Article 21
After termination of the labour contracts between the employed
foreigners and the employer units, the employer units shall make timely reports
to labour and public security departments, return the certificates of employment
and residence cards of the foreigners, and go through exit procedures with
public security departments.
Article 22
Employer units shall not pay the foreigners they employ wages
lower than local minimum wage standards.
Article 23
The working hours, rest, holidays, labour safety and
sanitation, and social insurance for foreigners employed in China shall be
handled in line with relevant State provisions.
Article 24
The employer units with which the foreigners work in China
shall be same and one as specified in the certificates of employment.
The
foreigners who change their employers within the location designed by the
certificate issuing departments but still engage in the same occupation shall
ask for approval from the original certificate issuing departments and go
through employment alteration procedures.
The foreigners who get jobs beyond
the area designated by the certificates issuing departments or change their
employer within the area designated by the certificate issuing departments but
engage in different occupations shall go through procedures for employment
permission anew.
Article 25
Employer units must terminate their labour contracts with the
foreigners who have been deprived by Chinese public security departments of the
right to reside in China due to violation of Chinese laws, and labour
departments shall revoke the certificates of employment of these foreigners.
Article 26
Should any labour disputes arise between employer units and
employed foreigners, these disputes shall be handled in line with the Labour Law
of the People's Republic of China and the Regulations of the People's Repu lic
of China on the Settlement of Labour Disputes in Enterprises.
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