Under the Interim Regulation on Labor Dispatch (the “Regulation”) by the Ministry of Human Resources and Social Security, if the number of dispatched workers employed by any PRC employer exceeds 10% of the total employed, then the employer should file an adjustment scheme with the competent local human resources and social security authority (“local labor authority”). The Regulation came into effect on March 1, 2014.
On March 10, 2014, the Beijing Human Resources and Social Security Bureau (“Beijing Municipal Labor Authority”) released a Notice on the Filing of Labor Dispatch Employment Status in Beijing to specify the filing requirement. All employers in Beijing whose dispatched workers exceed the 10% legal threshold must file with the competent local labor authority no later than August 31, 2014. The competent local labor authority will issue a filing receipt within five working days after a filing employer submits all the necessary documents.
Specific filing instructions and a filing application form (in Chinese) can be downloaded from the website of the Beijing Labor Authority. The filing must be made in writing. Please note the filing employer must specify its two-year adjustment scheme.