Bridge IP Law Commentary

(Promulgated jointly by the Ministry of Labour, Ministry of public Security，Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China on 22 January 1996)

Chapter l General Provisions

Article 1 These Rules are formulated in accordance with the provisions of the relevant laws and decrees for the purpose of strengthening the admiministration of employment of foreigners in China

Article 2 The term “foreigners”in these Rules refers to the persons，who under the Nationality Law ont1e People’s Republic of China, do not have Chinese nationality. The term “employment of foreigners in China” in these Rules refers to acts of foreigners without permanent residence status to engage in remunerative work within Chinese territory in accordance with it laws.

Contents
Chapter I General Provisions
Chapter II Promotion of Employment
Chapter III Labour Contracts and Collective Contracts
Chapter IV Working Hours, Rest and Vacations
Chapter V Wages
Chapter VI Occupational Safety and Health
Chapter VII Special Protection for Female Staff and Workers and Juvenile Workers
Chapter VIII Vocational Training
Chapter IX Social Insurance and Welfare
Chapter X Labour Disputes
Chapter XI Supervision and Inspection
Chapter XII Legal Responsibility
Chapter XIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of labourers, regulate labour relationship, establish and safeguard a labour system suited to the socialist market economy, and promote economic development and social progress.
Article 2 This Law shall apply to enterprises, individual economic organizations (hereinafter referred to as employing units) and labourers who form a labour relationship therewith within the territory of the People’s Republic of China.
State organs, institutions and public organizations as well as labourers who form a labour contract relationship therewith shall be bound by this Law.
Article 3 Labourers shall have equal right to employment and choice of occupation, the right to remuneration for labour, to rest and vacations, to protection of occupational safety and health, to training in vocational skills, to social insurance and welfare, to submission of labour disputes for settlement and other rights relating to labour stipulated by law.
Labourers shall fulfill their labour tasks, improve their vocational skills, follow rules on occupational safety and health, and observe labour discipline and professional ethics.
Article 4 The employing units shall establish and perfect rules and regulations in accordance with the law so as to ensure that labourers enjoy the right to work and fulfill labour obligations.
Article 5 The State shall take various measures to promote employment, develop vocational education, lay down labour standards, regulate social incomes, perfect social insurance system, coordinate labour relationship, and gradually raise the living standard of labourers.
Article 6 The State shall advocate the participation of labourers in social voluntary labour and the unfolding of labour emulation and rational proposals campaign, encourage and protect labourers in conducting scientific research, technical renovation, inventions and creations, and commend and reward model and advanced workers.
Article 7 Labourers shall have the right to participate in, and organize, trade unions in accordance with the law.
Trade unions shall represent and safeguard the legitimate rights and interests of labourers, and independently carry out their activities in accordance with the law.
Article 8 Labourers shall take part in democratic management or negotiate with the employing units on an equal footing about protection of the legitimate rights and interests of labourers through the assembly of staff and workers or their congress or other forms as provided by law.
Article 9 The administrative department of labour under the State Council shall be in charge of the management of labour in the whole country.
The administrative departments of labour under the local people’s governments at or above the county level shall be in charge of the management of labour in their respective administrative areas.

(Promulgated jointly by the Ministry of Labour, Ministry of public Security，Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China on 22 January 1996）
Chapter l General Provisions
Article 1 These Rules are formulated in accordance with the provisions of the relevant laws and decrees for the purpose of strengthening the admiministration of employment of foreigners in China
Article 2 The term “foreigners”in these Rules refers to the persons，who under the Nationality Law ont1e People’s Republic of China, do not have Chinese nationality． The term “employment of foreigners in China” in these Rules refers to acts of foreigners without permanent residence status to engage in remunerative work within Chinese territory in accordance with it laws．
Article 3 These Rules shall apply to employed foreigners within Chinese territory and their employers． These Rules shall not apply t。foreigners who enjoy diplomatic privileges and immunities employed by foreign embassies or consulates，or the offices of the United Nations and other international organizations in China．
Article 4 The labour administrative authorities of the people’s govemmer1t of the provinces，autonomous regions and municipalities directly under the Central Government and those at the prefecture and city level with their authorization are responsible for the administration of employment of foreigners China.
Chapter II Employment License
Article 5 The employer shall apply for the employment permission if it intends to employ foreigners and may do so after obtaining approval and The People’s Republic of China Employment License for Foreigners（hereinafter referred to as the “Employment License”).
Article 6 The post to be filled by the foreigner recruited by the employer shall be the post of special need，a post that cannot be filled by any domestic candidates for the time being but violates no government regulations No employer shall employ foreigners to engage in commercialized entertaining performance， except for the persons qualified under Article 9（3）of these Rules．
Article 7 Any foreigners seeking employment in China shall meet the following conditions： （1）18 years of age or older and in good health （2）with professional skills and job experience required for the work of intended employment； （3）with no criminal record； （4）a clearly-defined employer; （5）with valid passport other international travel document in lieu of the passport（hereinafter referred to as the “Travel Document”).
Article 8 Foreigners seeking employment in China shall hold the Employment Visas for thew entry（In case of agreement for mutual exemption of visas，the agreement shall prevail.), and may wok within Chinese territory only after they obtain the Employment Permit for Foreigner（hereinafter referred to as the”Employment Permit”）and the foreigner residence certificate Foreigners who have not been issued residence certificate (i.e. holders of F，L，C or G-types visas），and those who are under study or interim programs in China and the families of holders of Employment Visas shall not work in China．In special cases，employment may be allowed when the foreigner changes his status at the public security organs with the Employment License secured by his employer in accordance with the clearance procedures1under these Rules foreigners changes his status at the public security organs with the Employment License and receives his Employment permit and residence certificate． The employment in China of the spouses of the Personnel of foreign ernbassies, consulates，representative offices of the United Nations System and other international organization in China shall follow the Provisions of Ministry of Foreign Affairs of the People’s Republic of China Concerning the Employment of the Spouses of the Personnel of Foreign Embassies，Consulates and the Representative Offices of the United Nations System in China and be handled in accordance with the clearance procedures provided for in the second paragraph of this article. The Employment License and the Employment Permit shall be designed and prepared exclusively by the Ministry of Labour.
Article 9 Foreigners may be exempted from the Employment License and Employment permit when they meet any of the following conditions： （1）foreign professional technical and managerial personnel employed directly by the Chinese government or those with senior technical titles or credentials of special skills recognized by their home or international technical authorities or professional associations to be employed by Chinese government organs and institutions and foreigners holding Foreign Expert Certificate issued by China’s Bureau of Foreign Expert Affairs； （2）foreign workers with special skills who wok in offshore petroleum operations without the need to go ashore for employment and hold”Work Permit for Foreign Personnel Engaged in the Offshore petroleum Operations in the people’s Republic of China”； （3）foreigners who conduct commercialized entertaining performance with the approval of the Ministry of Culture and hold “permit for Temporary Commercialized Performance”.
Article 10 Foreigners may be exempted from the Employment License and may apply directly for the Employment Permit by presenting their Employment Visas and relevant papers after their entry entry when they meet any of the following conditions: （1）foreigners employed in China under agreements or accords entered into by the Chinese government with foreign governments or international organizations for the implementation of Sino-foreign projects of cooperation and exchange； （2）chief representatives and representatives of the permanent offices of foreign enterprises in China.
Chapter III Application and Approval
Article 11 The employer When intending to employ a foreigner，stall fill out the Application Form for the Employment of Foreigners（hereinafter referred to as the”Application Form”）and submit it to its competent trade authorities at the same level as the labour administrative authorities together with the following documentations： （1）the curriculum vitae of the foreigner to be employed； （2）the letter of intention for employment； （3）the report of reasons for employment； （4）the credentials of the foreigner required for the performance of the job； （5）the health certificate of the foreigner to be employed; （6）other documents required by regulations． The competent trade authorities shall examine and approve the application in accordance with Arides 6 and 7 of these Rules and relevant laws and decrees.
Article 12 After the approval by the competent trade authorities，the employer shall take the Application Form to the labour administrative authorities of the province，autonomous region or municipality directly under the Central Government or the labour administrative authorities at the prefecture and city level where the said employer is located for examiexamination and clearance．The labour administration authorities described above shall designate a special body（hereinafter referred to as the”Certificate Office”) to take up the responsibility of issuing the Employment License．The Certificate Office should take into consideration of the opinions of the competent trade authorities and the demand and supply of labour market，and issue the Employment License to the employer after examination and clearance.
Article 13 Employers at the Central level or those without the competent trade authorities may submit their application directly to the Certificate Office of the labour administrative authorities for the Employment Permit. The examination and approval by the competent trade authorities is not required for foreign-funded enterprises to employ foreigners，and such enterprises may submit their applications directly to the Certificate Office of the labour administrative authorities for the Employment License，bringing with them the contract, articles of association, certificate of approval, business license and the documentation referred to in Article 11of these Rules.
Article 14 Employers with permission to employ foreigners shall not send the Employment License nor the letter of visa notification directly to he foreigners to be employed1and they must be sent by the authorized unit.
Article 15 Foreigner with permission to work in China should apply for Employment Visas at the Chinese embassies，consulates and visa offices, bringing with them the Employment License issued by the Ministry of Labour，the letter or telex of visa notification sent by the authorized unit and the valid passport or Travel Document. Personnel referred to in Article 9（1）of these Rules should apply for the Employment Visas by presenting their letter or telex of visa notification by authorized unit；personnel referred to in Article 9（2） should apply for the Employment Visas by presenting their letter or telex of visa notification issued by the China National Offshore Oil Corporation; personnel referred to in Article9（3）should apply for the Employment Visas by presenting their letter of telex of visa notification issued by the foreign affairs, office under the people’s government of privinces, autonomous regions or municipalities directly under the Central Government and the relevant documents of approval of the Ministry of Culture (addressed to the Chinese embassies，consulates or visa offices). Personnel referred to in Article 10（1）of these Rules should apply for the Employment Visas by presenting their letter or telex of visa notification by authorized unit and the documentation on projects of cooperation and exchange；personnel referred to in Article 10（2）should apply for the Employment Visas by presenting their letter or telex of visa notification by the authorized unit and the registration certification issued by the administrative authorities of industry and commerce
Article 16 The employer should，within fifteen days after the entry of the employed foreigner take to the original Certificate Office the Employment License the labour contract with the said foreigner and his passport or Travel Document to receive his Employment Permit while filling out the Foreigner Employment Registration Form. The Employment Permit shall be effective only within the area specified by the Certificate Office．
Article 17 Foreigners who received their Employment Permit should，within thirty days after their entry，apply for the residence certificate with the public security organs bringing with them their Employment Permit. The term of validity of the residence certificate may be determined in accordance with the term of validity of the Employment Permit．
Chapter IV Labour Adn1inistration

Adopted on April 3, 1992 at the 5th Session of the 7th National People’s Congress

Amended according to the Decision on Amending the Trade Union Law of the People’s Republic of China at the 24th Session of the Standing Committee of the 9th National People’s Congress on October 27, 2001

Contents

Chapter I General Provisions

Chapter II Trade Union Organizations

Chapter III Rights and Obligations of a Trade Union

Chapter IV Basic-level Trade Union Organizations

Chapter V Trade Union Funds and Assets