Reminders for Expats to get employed in China

As more and more foreigners are coming to China to pursue their careers, they should be aware of the provisions of employment laws in China. Here below, Attorney_Jingzhan will give you some legal advice about getting employed or unemployed in China:

Question 1: What does a foreigner need to apply for when being employed in China?

Answer: generally speaking, work permit and residence permit are needed for getting employed in China.

Question 2: what should be in your mind to get employed?

Answer: keep in mind that you need to negotiate with the employer in aspect of roles, salary, time, location, and so on. After reaching an agreement, you should sign a written contract with the Employer and keep it. If any disputes arise thereafter, the original contract will become critically importance

Question 3: Does the company and the employed foreigner need to pay for social insurance in China?

Answer: Yes. As per the laws and regulations, companies or other organizations that employ a foreigner need to make sure that they’ll make a registration of the insurance for the foreigner employees. The social insurance includes: retirement insurance, work injuries insurance, medical insurance, unemployment insurance, and maternity insurance.

Question 4: For the employees, how to terminate the employment contract?

Answer: The employment contract may be terminated in the cases that:

  1. mutual consent;
  2. the employee’s notification of termination 30 days ahead of time, or 3 days ahead of time during the probation.
  3. the employee’s quit due to that:
  • Absence of working conditions and violating provisions of contract,
  • No timely or sufficient payment,
  • No social insurance,
  • Employer’s regulations or disciplines to break laws and deducting employees’ benefits.
  • The contract should be invalid because of breaking mandatory rules.
  • Besides, if the employer, in the manner of violence, threatens or illegal detention, forces the employee to work, or to endanger the employee’s safety, the employee could leave without notification.

Question 5: what’s the legal process in case of any dispute that couldn’t be dissolved by negotiation?

Answer: The employee could apply for an employment arbitration when such dispute arises, and, furthermore, the employee may appeal to the law court if he doesn’t can’t accept the decision of arbitration. Meanwhile, the employee or employer could trust a lawyer to act for and on behalf of him in the legal process.

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