What legislation governs the employment of foreign employees in China?
The Administrative Regulations on the Employment of Foreign Nationals in the PRC (the Provisions), promulgated on January 22, 1996, govern the employment of foreign nationals in the PRC (holders of Hong Kong, Taiwan and Macao travel documents are governed by separate regulations). The Provisions require that an employer must prove that a 'special need' (defined as where there are requirements for a position for which there is a temporary shortage of suitable local candidates) exists before employing a foreign national.
Foreigners without residency rights seeking employment in the PRC must:
- be at least 18 years of age and be in good health;
- have no criminal record;
- have a confirmed prospective employer;
- hold a valid passport or other international travel document; and
- be qualified for the position for which a 'special need' exists.
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