What are the labour laws applicable to the employment of foreign workers in China?
The labour laws applicable to the employment of foreign workers in China vary depending on the type of job and rules applied to the specific region. Generally, all foreign workers in China are required to possess a valid work permit, and certain industries may require an additional license or certification. Employers must also observe the fundamental labour laws of China, including a minimum wage, payment of overtime, and mandatory insurance against work-related accidents. Overtime should not exceed three hours per day or 36 hours per month. There are also laws in place protecting working conditions and providing for maternity and annual leave. In order to obtain a work permit, a foreign worker must first obtain a legal employment visa. This requires an introductory letter from the employer and other documents, such as a birth certificate, and residence permit. Employers are responsible for paying all costs associated with the application and issuance of the work permit. To ensure compliance with Chinese labour laws, employers must also adhere to local labour regulations and observe the mandatory collective bargaining agreements between employees and employers. Employment contracts must also be legally registered and approved by the local labor bureau. In addition, China has laws in place to protect the rights of foreign workers, including protection against discrimination and sexual harassment. In addition to the minimum working hours and safety regulations, Chinese employers are also required to provide reasonable accommodations for foreign workers.
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