1. Foreigners who are recruited in this city must meet the following conditions:
(1) Being in good health, not suffering from infectious diseases such as psychosis, leprosy, AIDS, sexually transmitted diseases, open tuberculosis, and diseases that cannot be suffered at work;
(2) Having a definite work unit;
(3) Having the necessary professional skills, corresponding academic qualifications and more than two years' experience in corresponding work;
(4) No criminal record;
(5) Holding a valid passport or other international travel documents that can replace passports.
(6) Men are generally over eighteen and under sixty; Women are generally over 18 years old and under 55 years old.
2. Foreigners who are employed in this city enter the country with a professional visa (Z). Those who apply for an employment permit after entering the country with other visas shall leave the country after obtaining the permit and re-apply for a professional visa.
3. The following persons who enter the country without a professional visa, apply for employment and obtain a license, and are difficult to leave the country to re-apply for a professional visa due to special circumstances may apply for an employment permit directly after providing relevant materials, and apply for a residence certificate to the municipal public security department with an employment permit:
(1) personnel engaged in technical work under foreign-related project contracts;
(2) Personnel who have been engaged in the installation, debugging and maintenance of imported equipment for the Employer for less than one year;
(3) General manager and deputy general manager of foreign-invested enterprises.
4. Foreigners studying and practicing in China and the accompanying family members of foreigners working in China who want employment shall go through the employment permit and employment certificate in accordance with the examination and approval procedures stipulated in this opinion, and go through the formalities of changing their identity with residence certificate at the municipal public security department by virtue of the employment certificate.
5. The employer in this city must apply for a foreigner's employment permit, and can only be employed after obtaining the permit.
Foreigners who hold the Certificate of Foreign Experts, the Work Permit for Foreigners Engaged in Offshore Oil Operation in People's Republic of China (PRC) and the Temporary Business Performance Permit may be exempted from obtaining employment certificates and employment certificates.
6. When employing foreigners, the employing unit shall apply to the Municipal Labor Bureau for employment permit before the foreigners to be employed enter the country, and provide the following documents:
(1) Application for employing foreigners issued by the employer;
(2) Fill in the correct application form for employment of foreigners;
(3) Work experience and academic credentials of the foreigner to be hired;
(4) Qualification certificate of the foreigner to be employed;
(5) The business license and approval certificate of the employing unit;
(6) A copy of the passport of the foreigner to be employed;
(7) Other relevant documents.
The qualification certificate mentioned in item (4) above refers to the valid relevant technical skill certificate issued by the relevant institution held by the foreigner to be employed, or the qualification certificate issued by the foreigner's original work unit that he has been engaged in the work related to the current employment position.
7. After the employer's application for hiring foreigners is approved, the Municipal Labor Bureau will issue a license certificate, and the employer will apply for foreigners' entry to the authorized unit with the license certificate and other related materials, and issue a visa notification letter and license certificate to the foreigners to be hired through the authorized unit.
8. Foreigners who are allowed to work in this city shall apply for professional visas at Chinese embassies, consulates and offices abroad with the above-mentioned visa notification letter and permission certificate.
9. The employing unit shall apply to the Municipal Labor Bureau for an employment permit with the following valid documents within 15 days after the hired foreigner enters the country:
(1) Letter of application for employment permit issued by the employer;
(2) Fill in the correct Registration Form for Employment of Foreigners in duplicate;
(3) License certificate;
(4) A valid passport of the employed foreigner;
(5) A foreigner's health certificate issued or confirmed by the health and quarantine department of a province, autonomous region or municipality directly under the Central Government;
(6) the labor contract signed by the employer and the employed foreigner;
(7) Three recent two-inch photos of employed foreigners.
Foreigners who have obtained employment certificates should apply to the municipal public security department for residence certificates with employment certificates within 30 days after entry.
10. In the resident representative offices of foreign enterprises or enterprises from Taiwan, Hong Kong and Macao in this Municipality, if a foreigner serves as the chief representative or representative, the license is exempted. After the representative office enters the country, it shall apply to the Municipal Labor Bureau for an employment permit on the strength of the Work Permit for Permanent Representative Office of Foreign Enterprises in China issued by the Municipal Administration for Industry and Commerce (hereinafter referred to as the Work Permit) and the relevant documents listed in the preceding article.
1 1. The labor contract stipulates the rights and obligations of the employer and foreigners who are allowed to be employed, such as the employment period, post, remuneration, insurance, working hours, conditions for dissolving the employment relationship and liability for breach of contract.
12. The term of the employment permit is determined according to the term of the labor contract or the term of the work task concluded between the employer and the employed foreigner, but the validity period of one issuance shall not exceed one year, and shall not exceed the validity period of the employer's business license and the foreigner's passport or other international travel documents instead of passports.
13. If it is necessary to continue employment after the expiration of the employment permit, the employer shall apply to the Municipal Labor Bureau for an extension of the employment permit with the following documents within 30 days before the expiration of the employment permit:
(1) An application letter issued by the employer to extend the employment permit period;
(2) Employment certificate for foreigners;
(3) A valid passport of the employed foreigner;
(4) the residence certificate of the employed foreigner.
When the chief representative and representative of the resident representative office apply for the extension of the employment permit, in addition to the above documents, they must also provide the work permit extended by the industrial and commercial department.
14. If a foreigner terminates the employment relationship at the expiration of the employment period or terminates the employment relationship during the employment period, or changes the employing unit to work in other provinces and cities during the employment period, the employing unit shall submit the foreigner's employment certificate to the issuing department within ten days after his resignation. If the employment permit is not recovered within the time limit, the employer shall report to the Municipal Labor Bureau in writing within ten days after resignation.
15. Foreigners can only work in the unit indicated in the employment certificate, and may not work part-time in other units. Dispatched by overseas investors, except for working part-time in several enterprises run by the same investor, but can only go through the employment formalities in one of them.
16. If a foreigner changes his employer during his employment in this city, he shall, within 10 days after going through the formalities for dissolving the employment relationship with the original employer, apply to the Municipal Labor Bureau for a change of employment permit, and the changed employer shall carry the following documents:
(1) Application for employing foreigners issued by the employer;
(2) Fill in the correct application form for employment of foreigners;
(3) the business license and approval certificate of the employer;
(4) Work experience and academic credentials of the foreigner to be hired;
(5) The certificate of termination of labor relations with the foreigner issued by the original employer;
(6) Alien Employment Certificate, Alien Passport and Residence Permit.
Foreigners who change their employers and occupations must also provide relevant qualification certificates for their new posts.
Foreigners who used to work in other provinces and cities came to work in this city. In addition to providing certificates according to the above requirements, the employer in this Municipality must fill in the Registration Form for Employment of Foreigners in duplicate and submit three recent two-inch photos of foreigners.
17. foreigners change their positions, passport numbers, nationality, residence, etc. During the period of employment, the employer shall promptly bring relevant certificates to the Municipal Labor Bureau for the change of employment permit.
18. Foreigners should go through the formalities of extending or changing their employment permits at the municipal public security department within 10 days.
19. If the employer loses or damages the employment permit for foreigners, or if the foreigner loses or damages the employment permit during the employment period, it shall immediately apply to the Municipal Labor Bureau for a replacement or renewal procedure. If the license and employment permit are lost, a statement of loss shall also be published in Jiefang Daily, Wen Hui Daily and Xinmin Evening News.
20. Individual economic organizations and individual citizens may not employ foreigners.
2 1. If a foreigner fails to apply for an employment permit according to the regulations of the state and this Municipality and works in an employer in this Municipality, it shall be treated as illegal employment.
22. Foreign consular agencies, news agencies, other official agencies and institutions established by international organizations in this Municipality shall obtain the approval of the Municipal Foreign Affairs Office to employ foreigners.
View file:
Opinions on Implementing the Regulations on Employment of Foreigners in China (No.25 [1998],1April 998 14).
(2) Procedures for recruiting people who have settled abroad
1. Persons who leave the country for settlement refer to those who hold China passports and have obtained permission to leave the country for settlement.
2. The basic conditions for foreign residents to obtain employment in Shanghai are as follows:
(1) Hold a valid China passport and a valid overseas settlement certificate;
(2) Having a definite work unit;
(three) does not violate the relevant provisions of the state;
3. Employers in this Municipality shall apply to the Municipal Social Security Bureau for approval to employ or accept overseas personnel dispatched by overseas units, unless otherwise stipulated by the state or this Municipality.
4. The employing unit shall submit the following documents to the Municipal Labor and Social Security Bureau when handling the examination and approval procedures for hiring and resettling overseas personnel:
(1) Fill in the correct Approval Form for Employment of Migrant Workers in Shanghai;
(2) The employer's industrial and commercial registration certificate or other legal registration certificate, organization code certificate, foreign-invested enterprise certificate and provide approval certificate;
(3) The employing unit signs a labor contract with the employee;
(4) A valid passport and a valid residence certificate in the country of residence;
(5) Resumes and academic credentials of persons who have settled abroad;
(6) A health certificate issued or confirmed by the entry-exit inspection and quarantine department;
(7) Three recent two-inch ID photos of foreign residents.
Those who meet the requirements will be issued with the Employment Approval Certificate for Foreign Workers in Shanghai (hereinafter referred to as the Approval Certificate).
5. The approval period shall be determined according to the labor contract or task period concluded between the employer and the employed overseas personnel, and the validity period of the approval certificate shall not exceed one year.
6. Expatriates who have been approved for employment in Shanghai may apply to the public security department for a "Temporary Residence Permit for Overseas Chinese, Hong Kong and Macao Residents" (hereinafter referred to as the "Temporary Residence Permit") with the approval certificate, and may also apply for the restoration of their household registration according to regulations.
7. The employer shall apply to the Municipal Labor and Social Security Bureau for an extension within 30 days before the expiration of the approval certificate for the settled foreign personnel who hold the approval certificate and apply for a temporary residence permit in the public security department.
(1) application letter for extension of approval certificate issued by the owner;
(2) the employer's industrial and commercial registration certificate or other legal registration certificate;
(3) the valid passport of the person who has settled abroad and the valid certificate of settling in the country;
(4) approval certificate;
(5) Temporary residence permit.
View file:
Notice on Printing and Distributing the Measures of Shanghai Municipality for the Administration of the Employment of Migrant Workers (Shanghai Labor Insurance Hefa [200 1] No.3 2006 54 38+0,1,3 1)
(3) Procedures for recruiting personnel from Taiwan, Hong Kong and Macao
1. Personnel from Taiwan Province, Hongkong and Macao shall meet the following conditions for employment in this Municipality:
(1) at least 18 years old, generally not more than 60 years old;
(2) Being in good health and not suffering from infectious diseases such as psychosis, leprosy, AIDS, sexually transmitted diseases and open tuberculosis, and diseases that cannot be suffered at work;
(3) Holding a valid travel document issued by the mainland authorities;
(4) Having a definite work unit;
(5) Have the professional skills required for the work to be done or have a college degree or above.
2 Taiwan, Hong Kong and Macao personnel to accept employment in this city, must apply for the "Taiwan, Hong Kong and Macao personnel employment certificate". But in any of the following circumstances, there is no need to apply for an employment permit:
(1) Experts hired by the State Administration of Foreign Experts Affairs;
(two) as the chief representative of the resident representative offices of enterprises in Taiwan Province Province, Hongkong and Macao;
(3) Investors with legal representative qualifications who are employed by foreign-invested enterprises in this Municipality.
3 Taiwan, Hong Kong and Macao personnel employment certificate shall be submitted by the employer. To apply for an employment permit, the following documents shall be provided:
(1) Fill in the correct employment application form for Taiwan, Hong Kong and Macao;
(2) The employer's industrial and commercial registration certificate or its statutory registration certificate and organization code certificate, and the foreign-invested enterprise shall also provide the approval certificate;
(3) Home Visit Permit for Taiwan Province residents or compatriots from Hong Kong and Macao (Hong Kong and Macao residents' travel permit to and from the mainland) or travel permit held by persons from Taiwan, Hong Kong and Macao to be hired;
(4) A health certificate issued or confirmed by the entry-exit inspection and quarantine department;
(5) Work experience of the personnel to be hired from Taiwan, Hong Kong and Macao;
(six) the professional skills qualification certificate or college diploma or relevant work experience certificate of the personnel to be hired from Taiwan, Hong Kong and Macao;
(seven) the labor contract signed by the employer and the personnel from Taiwan, Hong Kong and Macao to be hired;
(8) Recent 2-inch ID photos of the personnel to be hired from Taiwan, Hong Kong and Macao.
Persons from Taiwan, Hong Kong and Macao who are the chief representatives or representatives of the resident representative offices shall apply for employment permits, in addition to providing the documents specified in Items (2), (3), (4) and (8) of the preceding paragraph, they shall also provide the representative certificate of the resident representative office of foreign enterprises or the representative certificate of the resident representative office of overseas Chinese enterprises in Hong Kong and Macao issued by the administrative department for industry and commerce.
Upon examination and approval by the issuing department, those who meet the requirements will be issued with an employment permit.
4. Personnel from Taiwan, Hong Kong and Macao who serve as the general manager or deputy general manager of foreign-invested enterprises in this Municipality are exempted from employment examination and approval procedures, and the employing unit shall provide documents other than item (6) to apply for employment permit in accordance with the provisions of the first paragraph of the preceding article.
5. The employment period of the personnel from Taiwan, Hong Kong and Macao shall be determined according to the employment period of the employing unit, and the validity period of the employment certificate issued at one time shall not exceed 1 year, and shall not exceed the validity period of the industrial and commercial registration certificate or other legal registration certificate of the employing unit and the validity period of the travel documents held by the personnel from Taiwan, Hong Kong and Macao.
6 people from Taiwan, Hong Kong and Macao who are approved to be employed in this Municipality shall apply to the public security department for temporary residence with their employment certificates.
7. The rights and interests of persons from Taiwan, Hong Kong and Macao who hold employment certificates and are employed in this Municipality shall be protected according to law, and the persons from Taiwan, Hong Kong and Macao shall abide by the laws and regulations of the state and the relevant provisions of this Municipality. The rights and obligations of the employing unit and the employees from Taiwan, Hong Kong and Macao who are allowed to be employed are stipulated in the labor contract, such as the employment period, post, remuneration, insurance, working hours, job requirements, conditions for dissolving the employment relationship, and liability for breach of contract.
8. If the employing unit employs people from Taiwan, Hong Kong and Macao 1 year or more, it shall go through the renewal formalities at the issuing department within 30 days after the expiration of the employment permit, and provide the following conditions:
(1) application letter issued by the employer;
(2) Employment certificate;
(3) Home Visit Permit for mainland travel permit for taiwan residents or Hong Kong and Macao compatriots or Taiwan, Hong Kong and Macao Pass held by employed persons;
(4) Temporary residence permits held by employed personnel from Taiwan, Hong Kong and Macao;
(5) the employer's industrial and commercial registration certificate or other legal registration certificate.
If the replacement formalities are not completed within the time limit, the employment permit will automatically become invalid.
9. If the employer needs to continue to employ personnel from Taiwan, Hong Kong and Macao after the expiration of the employment period, it shall apply to the issuing department for extension within 30 days before the expiration of the employment permit. In addition to providing the documents specified in the first paragraph of the preceding article, it shall also provide the labor contract renewed by the employer and the personnel from Taiwan, Hong Kong and Macao.
Persons from Taiwan, Hong Kong and Macao who serve as chief representatives or representatives in resident representative offices must provide representative certificates issued by the administrative department for industry and commerce in addition to the documents specified in the first paragraph of the preceding article.
With the approval of the issuing department, those who meet the requirements shall be renewed in accordance with the provisions of Article 9 of these Rules.
10. People from Taiwan, Hong Kong and Macao can only be employed in the units indicated in the employment certificate, and may not work or work part-time in units other than the applicant. Except for multiple units established by the same investor in this Municipality that work part-time, one of them shall apply for an employment permit.
1 1. If an employee from Taiwan, Hong Kong and Macao terminates his employment relationship at the expiration of the employment period or terminates his employment relationship during the employment period, the employing unit shall return his employment certificate to the issuing department for cancellation within ten days after the termination or dissolution of the employment relationship. If the employment permit is not recovered within the time limit, the employer shall inform the issuing department in writing within the above-mentioned time limit.
12. If the personnel from Taiwan, Hong Kong, Macao and Taiwan change their employing units within the jurisdiction of this Municipality during their employment, they shall, within 10 days after going through the formalities of dissolving the employment relationship with the original employing units, apply to the issuing department by the changed employing units and provide the following documents:
(1) Fill in the correct employment application form for Taiwan, Hong Kong and Macao;
(2) The employer's industrial and commercial registration certificate or other statutory registration certificate and organization code certificate, and the foreign-invested enterprise shall also provide the approval certificate;
(3) Home Visit Permit for compatriots from mainland travel permit for taiwan residents or Hong Kong and Macao or travel permit held by persons from Taiwan, Hong Kong and Macao to be hired;
(four) the employment certificate and temporary residence permit held by the personnel from Taiwan, Hong Kong and Macao to be employed;
(five) the certificate issued by the original employer to terminate the labor relationship with Taiwan, Hong Kong and Macao personnel;
(six) the work experience of the personnel to be hired from Taiwan, Hong Kong and Macao;
(7) the labor contract signed by the employer and the personnel from Taiwan, Hong Kong and Macao to be hired.
Personnel from Taiwan, Hong Kong, Macao and Taiwan who want to change their employers and occupations shall provide the documents specified in Item (6) of Paragraph 1 of Article 3 in addition to the above-mentioned documents.
People from Taiwan, Hong Kong and Macao who hold employment permits and are employed in other provinces are transferred to this city for employment. In addition to providing documents according to the above requirements, the employer in this Municipality shall also provide the certificate and photos of quasi-relocation issued by the original issuing department of other provinces and cities.
After examination by the issuing department, if it meets the requirements, it shall be changed. If the employer is changed within the municipal area, a change endorsement shall be added to the original employment permit; If other provinces and cities transfer to this city for employment, they shall reissue their employment certificates.
13. If the personnel from Taiwan, Hong Kong and Macao need to be transferred to other provinces and cities during their employment in this city, the original employer shall go through the formalities of quasi-relocation with the employment certificate and materials.
14. If the post, nature, quantity and place of residence of the personnel from Taiwan, Hong Kong and Macao change during their employment, the employing unit shall carry the employment certificate and relevant certificates in time and go through the formalities for changing the employment certificate at the issuing department.
15. If the employment permit is lost or damaged, the employer shall immediately apply to the issuing department for a replacement or renewal. If the employment permit is lost, a statement of loss shall also be published in Jiefang Daily or Xinmin Evening News.