What are the labour laws applicable to the employment of foreign workers in China?

In China, the labour laws applicable to the employment of foreign workers are outlined in the Employment Contract Law of the People’s Republic of China, which was updated in 2013. This law requires foreign employees to sign an employment contract that defines the employment relationship between the employer and the employee, as well as the rights and obligations of both parties. The contract must include the employee’s job description, working hours, salary, and other benefits such as overtime pay, vacation, and other social insurance contributions. The employer is also obligated to pay wages on a timely basis and to comply with other stipulations of the contract. The law also requires foreign employers to register the agreement with the local labour bureau and obtain the employee’s Alien Employment Permit. The terms of this permit specify the employee’s work location, job, qualifications, and period of employment. This permit is valid for a maximum of one year and must be renewed on a yearly basis. The Labour Contract Law also prohibits discrimination or abuse of foreign workers. The employer is required to provide the employee with a workplace that is up to safety standards and ensure that the employee is not subjected to dangerous working conditions. Employers are also obligated to pay appropriate wages and provide the required benefits to foreign workers. Finally, the Labour Contract Law also requires foreign employees to comply with Chinese laws and respect Chinese culture when working in China. It is important for foreign employers to understand their obligations under the law in order to ensure that their foreign workers receive the appropriate protections and are employed in accordance with Chinese law.

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