In September, Beijing issued the local Notice to Further
Strengthen Administration over Foreign Employment ("the
Notice"). The highlights of the Notice are summarised as
Conditions for foreigners
The Notice re-affirms the following conditions, required for a
foreign individual to work in Beijing and obtain a work permit:
Age limit: must be aged 18 years or older, but not older than
60 years old.
In general, a bachelor's degree or above;
For senior, skilled talent who will hold a position that is to
be urgently filled, or conduct the research and development of key
technology, skill or qualification certificates where he/she does
not hold a bachelor's degree or above.
Working experience requirement: a minimum of 2 years experience
of the related area.
For talents who are urgently needed for the economic and social
development of Beijing, the above requirements in respect of age
and working experience will be loosen. However, there is no
statutory definition or catalogue of such type of talents. The
Beijing labour authority will make assessment on a case-by-case
Obligations for companies employing foreign individuals
The Notice requires the employer to:
create and maintain a personnel file which contains the
foreigner's employment contract, copies of their valid passport
and work certificates and permits, temporary residence registration
certificate, criminal record check, attendance record, social
insurance contribution record, salary slips, and any other relevant
submit a plan of its expected demand for foreign employment for
the coming year to the local labour authority by early December
establish internal mechanisms and policies, in particular for
performance evaluation, remuneration and benefits, work safety,
supervise their foreign employees to ensure they complete all
necessary registration requirements with the public security
authority in relation to their accomodation and living
designate a stable team responsible for all issues related to
foreign employment, for example permit related matters; and
establish an emergency plan for foreign employees. If, for
example, the foreign employee suffers an injury, the company shall
activate the relevant emergency plan and report to the necessary
authority, including the labour authority, foreign affairs
authority and public safety authority, as required.
Further to the above general management requirements, employers
are required to handle the following work permit related
formalities within the designated timeframe. They must:
deregister work related permits within 10 days of the
termination of the labour contract;
apply for permit extensions at least 60 days prior to their
make an announcement through public media to last 10 days when
a foreigner leaves without notice and where the company is unable
to contact him/her up to 15 days following his/her departure. If
the foreigner still cannot be reached the company must apply for
deregistration of his/her work permit with the local labour
authority. Upon receiving the application, the labour authority
will make a public announcement on its website for 10 days and the
permit will be de-registered if the foreigner does not raise any
objection during that period; and
report the loss of, or apply for an alteration to, an existing
registration within 10 days of the relevant event where a foreign
employee's work permit is lost, damaged or stolen, or their
registered information is changed.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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3.Courts are imposing larger fines and compensation for non-economic loss for contraventions of the Fair Work Act.
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