What regulations must be observed when hiring and employing foreign workers in China?
When hiring and employing foreign workers in China, there are numerous regulations that must be observed. Most notably, China has a fairly restrictive foreign labor law that controls the number of foreign workers and certain types of foreign labor. To legally hire and employ foreign workers in China, a company must obtain a work permit from the Chinese government. The employer must provide evidence of the job’s necessity, and prove that there are no qualified Chinese workers available for the job. A labor contract must be signed between the employer and employee, and the employer must register the employee with the local labor bureau. The employer must also provide proof of the employee’s qualifications, such as degrees or certifications. In addition, employers must abide by the labor laws regarding wages, working hours, social insurance, mandatory contributions, unemployment insurance, housing fund, and more. The foreign employee also must pay taxes on their income and adhere to other China business venture law regulations. When hiring and employing foreign workers in China, employers must also comply with the personal safety and anti-discrimination regulations. All employers, including foreign employers, must provide a safe and healthy work environment. Moreover, employers may not discriminate on the basis of race, gender, or other protected categories. Overall, there are many regulations that must be observed when hiring and employing foreign workers in China. Companies must ensure that they are in full compliance with the labor at all times in order to avoid facing hefty penalties or, in serious cases, being shut down by the Chinese government.
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