China Employment Law Network
Shanghai Business Lawyer
Section A: Working as an employee in China

• Do foreign nationals require work permits to work in China?
Answer:

If foreign nationals work in a company which is registered in China, a work permit is required. If foreign nationals enter into an employment contract with a foreign company, but will work in China for more than 3 months, a work permit is generally also required.


• If foreign nationals are employed in their home country and then seconded to China to work for the company there, do they need a new Chinese employment contract?
Answer:

They do not need a new employment contract. However, the content of the existing contract should comply with Chinese Labor Law. This means that if any of the terms of the contract breach the provisions of Chinese Labor Law, those terms are invalid. If any of the terms of the contract are outside the scope of Chinese Labor Law, those terms are still valid and binding on both parties.


• I was offered a job by a China-based company, now I have moved here, but they have changed their mind. What can I do?
Answer:

You may make a claim against the company.  Firstly, please check the content of the offer. If in the offer it stipulates the key statutory terms, it may be deemed to be an employment contract and you may bring your case to labor arbitration. If the offer does not stipulate the key statutory terms, you can directly file your case with China people’s court as a contract dispute case.

 

If you need any help with your case, our lawyers would be happy to provide you with their professional legal services. 


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