5.1特辑 | 涉外劳动用工须知

落实苏州劳动法庭建设三年规划关于坚持服务保障大局的需求，司法助力维护民生权益，优化劳动用工环境，提升企业核心竞争力，促进经济高质量发展，以“双保护”裁审理念打造园区“人才高地”、“科创热土”。

值此五一劳动节来临之际，苏州工业园区人民法院发布双语版《涉外劳动用工须知》，促进构建和谐劳动关系，助力优化区域营商环境。

What is foreign employment in China?  

The employment of foreigners in China refers to the behaviors of foreigners who have not obtained the right of settlement to engage in social work and obtain remuneration in accordance with the law in China. 

What is illegal foreign employment? 

A foreigner who commits one of the following acts shall be regarded as illegal employment:

（1）Working in China without obtaining work permit or work residence permit in accordance with relevant regulations;

（ 2 ）Working in China beyond the scope of work permit;

（3）Foreign students who violate the regulations on the administration of work study program and work in China beyond the prescribed post scope or time limit. 

What documents do foreigners need for legal employment in China? 

Foreigners who are employed in China should enter China with Z-visa (if there is an agreement on mutual visa exemption, it shall be handled according to the agreement); Considering the current epidemic situation, foreigners who hold M-visa or other valid visa also can enter China. After entering China, they can obtain the work permit for foreigners and work residence permit for foreigners before they can work in China. 

Under what circumstances can foreigners be exempted from work permit? 

（一）Foreign workers who are engaged in offshore oil operations without landing and have special skills with the permit for foreigners to engage in offshore oil operations in the people's Republic of China; 

（二）Foreigners who have been approved by the Ministry of culture to carry out commercial artistic performances with a temporary business performance license. 

What are the procedures for foreigners to apply for "work permit" and "work residence permit"? 

1.First, apply for the notice of foreigner's work permit. 

2.After obtaining the notice of foreigner's work permit, Z -visa can be directly applied for by holding valid passport or certificate to embassies and consulates abroad without notice from authorized units. Considering the current epidemic situation, foreigners can apply for 7M-visa according to the invitation letter and other materials provided by the e embassies and consulates abroad.

3.Within 15 days after entry, the employed foreigner shall apply for the foreigner's work permit with the notice of foreigner's work permit, labor contract and valid passport.

4. Foreigners who have already applied for work permit for foreigners shall apply for work residence permit at the public security organ with the permit within 30 days after entering the country. 

Is it legal for foreigners and stateless persons to sign labor contracts with mainland employers,even without obtaining work permit? 

The people's court will not support the party's request for confirmation of labor relationship with the employer without obtaining work permit.

Is it legal for individual economic organizations and individual citizens to employ foreigners? 

It is illegal.

What is the longest time limit for an employer to establish a labor contract with an employed foreigner in accordance with the law? 

The maximum term of a labor contract shall not exceed five years. The labor contract shall be terminated upon its expiration. 

How does the employer renew the labor contract with the employed foreigner? 

The employer shall, within 30 days before the expiration of the original contract, apply to the labor administrative department for extension of employment time. After approval, the employer shall go through the formalities for extension of work permit, and go through the formalities for extension or change of work residence permit in the local public security organ within 10 days. Afterwards, the employer may renew the labor contract. 

 After the employment contract between the employed foreigner and the employer is terminated, what should the employer do? 

The employer shall report to the labor and public security departments in time, cancellation of the foreigner's work permit and work residence permit. 

What should be done if a foreigner changes his employer within the area specified by the license issuing authority but still engages in his original occupation? 

If a foreigner changes his employer within the area specified by the license issuing organ but still engages in his original occupation, he shall obtain the approval of the original license issuing organ and reapply for his work permit. 

How to deal with foreigners who leave the area specified by the license issuing authority for employment or change their employers in the original area and engage in different occupations?  

If a foreigner leaves the area specified by the license issuing organ for employment or changes his employer in the original area and engages in different occupations, he shall go through the work permit procedures again. 

Should foreigners employed in China participate in social insurance? 

1.Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations (employing units) registered or registered in China according to law shall participate in social insurance according to law. 

2. Foreigners who are dispatched to work in branches or representative offices (domestic work units) registered or registered in China after signing employment contracts with overseas employers shall participate in social insurance according to law. 

How to register the social insurance of foreigners? 

1. If an employing unit recruits foreigners, it shall register social insurance for them within 30 days from the date of applying for work permit. 

2. Foreigners dispatched by foreign employers to work in domestic work units shall be registered for social insurance by domestic work units in accordance with the provisions of the preceding paragraph. 

3. Institutions handling work permit for foreigners in accordance with the law shall promptly inform the local social insurance agencies of the relevant information on foreigners' employment in China. Social insurance agencies shall regularly inquire the relevant institutions about work permit of foreigners. 

What is risk of illegal employment of foreigners?