Expat assigned to work in China

[titatita]

Q: I am going to be assigned by oversea headquarter to work for a foreign-invested company in Shanghai, and I sign my contract with the oversea headquarter that pays me salary. In this situation, is it necessary for me to go through formalities for employment certificates in China?

A: If the remuneration of assigned foreigner is paid abroad, he or she may be exempted from the Employment License and Employment Permit, provided he or she will work for less than 3 months in China. However, if the working period will be more than 3 months in a year, application for Employment License and Employment Permit has to be made.

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erexemployment.blogspot.com

[titatita]

Q: I have been told that foreigner who intends to work in China shall apply for employment permission, obtain Employment License, and then apply for Employment Permit. How to apply for those two certificates? Can I start working for my employer after receiving my Employment License?

A: If employment is going to occur between the employer in China and a foreigner, the employer shall apply to the Labor Bureau for Employment License before the entry of the foreigner. After the application is approved, Employment License of the foreigner shall be granted to the employer. Then the employer shall visit authorized organizations and go through formalities for the Z visa notification. After the entry of the foreigner with Z visa, the employer shall apply to the Labor Bureau for the Employment Permit with relevant documents such as the Employment License, then apply to the entry-exit administration department for the residence permit by presenting the Employment Permit. Only on completion of these procedures can the foreigner work and reside in China legally. Employment between holder of a mere Employment License and employer is illegal.

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[jpatokal]

Psst: Contrary to popular perception and the best efforts of the PAP, Singapore is not in China