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Administrative Regulations for Foreign Labor Service Cooperation
released by£ºadmin Time£º2012-9-6 15:38:54 Read£º4041Time

Regulating Foreign Labor Service Cooperation
 
By State Council
Promulgation time 2012-06-04
 
Administrative Regulations for Foreign Labor Service Cooperation
Efect on 1st August, 2012.
 
These regulations are formulated for the purposes of perfecting foreign labor dispatch, safeguarding the lawful rights and interests of labor service personnel and regulating the behavior of labor service enterprises.
 
They prescribe the qualification of a labor service enterprise, approval procedure, deposit system, contracts between labor service personnel and labor dispatching enterprise and the service and management of the government. Illegal foreign labor service will be banned in accordance with the law.
 
There are three parties and two kinds of relationship (dispatching unit, employing unit, labor service personnel; dispatch relationship, contractual relationship of labor) existing in domestic labor dispatch. There are also three parties and several kinds of relationship in the foreign labor service. Regulations use an independent chapter to stipulate the contracts relating to foreign labor service cooperation. In addition to making provisions on the main clause of the labor cooperation contract between labor service enterprise and a foreign employer, regulations also stipulate the general principles of the service contract and labor contract between labor service personnel and labor service enterprise. At the same time, regulations prohibit an enterprise to collect service charges from the labor service personnel with which it signs the labor contracts. Enterprise shall not collect guarantee deposit from the labor service personnel, in any name, or require the labor service personnel to provide properties as the collateral.
 
To protect the labor service personnel, regulations stipulate the obligations of an enterprise to assist the labor service personnel in safeguarding their lawful rights and interests. The labor service personnel who fail to receive the compensation to which they are entitled, shall have the right to require the enterprise to assume the corresponding liability for compensation. If the enterprise does not assist the labor service personnel in claiming compensation from the foreign employer, the labor service personnel may directly claim compensation from the enterprise.
 
The publication of these regulations requires an enterprise to protect the lawful rights of the labor service personnel in accordance with the law. In order to dissolve the legal risk, an enterprise shall investigate the credit status of a local employer and the situation of local law, and perfect the legal documents of all links before labor dispatching.
 
 
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