The National People’s Congress has passed the Law of the People’s Republic of China on Entry and Exit Control, which takes effect on 1 July 2013. The new law not only governs the exit and entry of citizens and foreigners, but also contains provisions concerning foreigners’ residence and employment in China. The new law supersedes the existing entry and exit control laws, which will be repealed.
Key employment provisions
The new law expressly addresses the employment of foreigners in China. Specifically, the law requires foreign nationals to apply for work authorisation and prohibits employers from engaging foreign nationals who lack work authorisation. A foreign national is deemed to be illegally employed if he or she:
(1) works without having secured a work permit or related residence permit;
(2) engages in activities beyond the scope permitted by the work permit; or
(3) is a foreign student engaging in activities beyond the scope permitted by the work-study position.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员。
Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mail at: Zhang Danian (Shanghai) danian.zhang@bakermckenzie.com