According to Rules for the Administration of Employment of Foreigners in China, all foreigners who work in Shenzhen must be brought into labor administration.
Employers and foreign employees must implement relevant government policies and rules strictly, complete relevant employment application, examination and approval procedures to ensure the legitimacy of the employment. Without permission, units and individuals who employ aliens or aliens employed in Shenzhen shall be punished by the labor and public security administrative authorities in accordance with relevant rules. The following are instructions for the convenience of employers to fulfill the procedures.
I. Employment application and approval procedure (First time)
1.The employer should apply to the labor department for the employment permission within 15 days after the entry of the employed foreigner.
2.The employer shall submit application documents to the labor department and may later obtain approval and Alien Employment License of the People's Republic of China (hereinafter referred to as the “Employment License”) by presenting the Acknowledgment of Receipt.
3.The employer shall take the Employment License to the public security department to obtain the Notification for Applying Employment Visa & Residence Permit.
4.The employer shall bring the Employment License back together with the Notification for Applying Employment Visa & Residence Permit to the labor department to obtain the Alien Employment Permit (hereinafter referred to as the “Employment Permit”).
5. The employer shall submit the Employment Permit, the Notification for Applying Employment Visa & Residence Permit and other relevant documents to the public security department to obtain the Employment Visa and Residence Permit.
II. Documents required for Employment License and Employment Permit application
1. Documents required for Employment License application:
(1). Fill in Name List of Foreign Employment and Application Form for Employment Permit for Foreigners;
(2). Valid passport and visa (as well as copies) of the foreigner to be employed;
(3). Health certificate (as well as copy) issued by the Entry-Exit Inspection and Quarantine Authorities;
(4). Industrial & Commercial Business License (duplicate) /Registration or any other governmental instrument of ratification (as well as copies);
(5). Report of reasons for employment;
(6). Credentials of the foreigner required for the performance of the job (as well as copies);
(7). Curriculum vitae of the foreigner to be employed;
(8). Letter of intention for employment.
Documents required for Employment Permit application:
(1). Employment License;
(2). Notification for Applying Employment Visa & Residence Permit or Employment Visa (as well as copy);
(3). Labor contract between the employer and foreign employee or certificate of appointment (as well as copy)-he who has clear and definite position specified on the Business License/Registration or other governmental instrument of ratification may be exempt;
(4). Applicant shall prepare two recently-taken two-inch-length, bareheaded, full-faced photographs (One should be pasted properly on the Application Form and sealed with indenting stamp, the other to the labor department for the Employment Permit processing.)
III. Time limit for the examination and approval of the Employment License & Employment Permit application and the payment
1. Time limit for the processing of Employment License and the way to receive it
(1). Four working days upon the acceptance of the documents.
(2). Return the Acknowledgement of Receipt to obtain the Employment License.
2. Time limit for the processing of Employment Permit: one working day upon the acceptance of the documents.
3. Payment:
According to File No. [2004]334 (Guangdong Provincial Price Department), the employer whose application being approved must pay Deployment Fee for foreign employee before getting the Employment Permit, which is RMB9/mth, and shall be paid in a lump sum in accordance with the term of validity of the Employment Permit.
IV. Extension of Employment Permit
1. If renewal is required, the employer should submit an application to the labor department for the extension of term of employment within thirty days prior to the expiration of the Employment Permit.
2. Fill in Name List of Foreign Employment and Application Form for Renewal of Employment Permit for Foreigners;
3. Submit the following documents:
(1). Industrial & Commercial Business License (duplicate)/Registration or any other governmental instrument of ratification (as well as copies);
(2). Valid passport and visa (as well as copies) of the foreign employee;
(3). Labor contract between the employer and foreign employee or certificate of appointment (as well as copy)-he who has clear and definite position specified on the Business License/Registration or other governmental instrument of ratification may be exempt;
(4). Employment Permit.
4. Time limit for Employment Permit extension: one working day upon the acceptance of the documents.
5. Payment:
The Employer whose extension application being approved must pay Deployment Fee (same as above) in a lump sum according to the term of validity of the Employment Permit before getting it.
6. The Employer shall complete the employment extension procedure and take the Employment Permit to the public security department in time for the Residence Permit and Employment Visa extension.
V. Demands on documents
(1). Fill in forms with truth and in neat handwriting;
(2). Seal with company stamp wherever needed;
(3). Copies must be clear with complete content.
(4). Paper size should be A4.
Penalties in accordance with Rules Governing the Implementation of the Law of the People's Republic of China on the Entry and Exit of Aliens (Chapter VII Article 44)
Aliens who found employment without permission from the Ministry of Labor of the People's Republic of China or its authorized departments shall have their posts or employment terminated and may at the same time be fined up to 1,000 yuan, and those whose offences are serious may at the same time be ordered to leave the country within a specified time.
Units and individuals who employ aliens without permission shall terminate employment of the said aliens and may at the same time be fined from 5,000 to 50,000 yuan, and be ordered to cover all the expenses of repatriating the aliens whom they had employed.
(shenzhen.molss.gov.cn, October 17, 2006)
