On June 4, 2014, Beijing Municipal Bureau of Human Resources and Social Security issued the Circular on Further Strengthening the Employment Management of Foreigners in Beijing to employers within the city, highlighting a number of requirements with regard to foreigner employment in Beijing. Based on the Provisions on the Administration of Employment of Foreigners in China, this article summarizes and interprets this Circular in the form of guidelines.
1 The Guidelines for Entry Stage of Foreigner Employment
- Background Check - The foreign job candidates should meet the following requirements: good health condition, no criminal records, at an age ranging from 18 to 60, equipped with a bachelor degree or above and at least 2 years of relevant experience, a valid passport or an alternative permit for international travel, holding or qualified to obtain the Employment Permit and work-related residence certificate. In case of the talents badly needed for the economic development of Beijing, the criteria on age and experience may be adjusted in a discretionary manner.
- Conclusion of Employment Contract and Contribution of Social Insurance - The term of employment contract entered into with foreigners may not exceed 5 years. Employer should make social insurance registration and contribute social insurance premiums for foreigners in time in accordance with the Interim Measures for Participation in the Social Insurance System by Foreigners Working within the Territory of China issued by the Ministry of Human Resources and Social Security.
2 The Guidelines for In-service Management of Foreigner Employment
- Independent Work Files - Employer should separately set up work files for foreign employees, including his/her employment contract, copy of the valid passport and the work permit, valid (temporary) accommodation registration form, certificate of non-criminal record, daily attendance record, the records of social insurance contribution and the records of salary payment.
- Management on the Accommodation Registration - Employer should supervise and urge its foreign employees who do not live or stay in hotel to go through the recording process at the local police office where he/she resides, within 24 hours after accommodation. The registration process may be done either by himself/herself or by the accommodator.
- Assignment of Special Agent - Employer should designate specific person to take charge of the work of conducting formalities, maintaining and managing work certificates of foreign employees.
- Establishment of Emergency Plan for Foreign Affairs – In case of an accident or injury, medical malpractice or other emergencies in terms of foreign employees, employer should launch the emergency plan for foreign affairs and immediately notify the human resources and social security department, the foreign affair department and the Public Security department on the county and municipal levels.
3 The Guidelines for the Management of Work Certificates
- Relationship with Employment Contract Term - Where a foreigner’s employment contract expires, his/her work permit will be invalid concurrently and accordingly. If employer wants to renew the employment contract, it should apply for extension within 60 days prior to the last day of the work permit. Where the employment contract is terminated or ended, the employer should apply for deregistration of the work permit within 10 days.
- Separation of Foreign Employees without Notice - Under this circumstance, if the employer loses contact with him/her for more than 25 days, employer shall publicize it via public media for 10 days. When such publicity period expires, employer should apply for work permit deregistration. The Municipal Human Resources and Social Security Bureau will further publicize it on its official website for another 10 days. If the foreign employee does not raise objection during the publicity period, his/her work permit will be cancelled.
- Maintenance of Certificates – In case that the employer information or the filed information indicated in residence certificate is changed, or the passport or the work permit is lost, damaged or stolen, the employer should make modification, loss report or reissuance within 10 days with the original authorities issuing these certificates.
In light of above, employers in Beijing should treat its foreigner employment in an equal but special manner, which means employers should not only take foreign employees into daily HR management, but also fully respect the above guidelines and strength their own compliance management on foreigner employment.