编者按：2007年4月，本所与全省发行的英文杂志IN TOUCH(月刊)建立合作关系，由国际经贸部负责编写英文稿件，结合外国人、外国企业关心的常见法律事务，分“住在杭州”、“行在杭州”、“创业在杭州”、“生活在杭州”等版块，在 2007年5月至2008年4月的每期杂志上刊登一个版面的文章。本所还担任了该刊物的姐妹报纸 HANGZHOU WEEKLY的常年法律顾问。以下是本所刊登在IN TOUCH杂志2007年8月的稿件。
Ready to Start Your Career in the City?Years ago, Hangzhou residents might always catch sight of foreigners piled with huge backpacks hiking along the West Lake. However, in recent years, foreigners appear more frequently in office buildings or business conferences. Are you also ready to start your career in the city? If yes, below is the information you might be interested in.
Who may come for work
Generally, for the reason of large population, it is not always the policy of the government to encourage employing foreigners. Therefore, if a company wishes to employ a foreigner,it must be in a special need and there lacks qualified domestic personnel. Additionally, the relevant national regulations on the job positions shall be well observed.
For the employee, he/ she must?
(1) be at or above the ageof 18 and in good health condition
(2) possess the relevant expertise and working experience
(3) have no criminal record
(4) have a prospect employer
(5) hold valid passport or other international traveling certificate
How to come for workIf all the above requirements are met, the following formalities must be processed:
Step 1: Work Permit
In order to employ you as a foreigner, your employer must obtain the Work Permit first. The following documents should be filed:
(1) The CV of the applicant
(2) The offer letter of employment
(3) Application form (the reasons for employment need to be indicated)
(4) Job qualification of the applicant
(5) Certificate of the labor bureaus stating the situation that there lacks qualified domestic personnel and that the relevant regulations on the job position are complied with
(6) Certificate of the health condition of the applicant
(7) Employment application form for foreigners
(8) The copy of valid passport
(9) Information of the employer, and the specific document requirement depending on the category of the employer, i.e. whether it is a domestic company, a wholly foreign invested company, a Sino-foreign joint venture, or a representative office, etc.
(10) Other documents as required
The responsible department for the application is the Employment Labor Bureau of the city. However, the opinions of approval from the competent administrative bureau of the industry and the public security bureau must be obtained before filing the application.
Step 2: Vocational Visa
After the Work Permit is issued, your employer needs to request the Foreign Affairs Office to issue the Letter of Visa Notice, and deliver the Notice together with the Work Permit to you.
You may apply for the vocational visa by presenting the Permit and the Notice.
Step 3: Labor Certificate
After your arrival, your employer again has some matters to deal with.
The application for the Labor Certificate must be filed within 15 days following your entry into the country.
The following documents required at this stage are:
(1) The labor contract
(2) The valid passport and vocational visa
(3) Health certificate issued by the health quarantine organ
(4) The certificate for accommodation status or temporary residence permit application
The registration form shall be filed at the same time and the Certificate is to be issued within 5 working days.
Step 4: Residence Permit
After you have obtained the Labor Certificate, your must apply for the Residence Permit from the public security bureau within 30 days after entry, and of course, it is time to wish yourself happy working experience in China!
Special reminder
(1) The term of the labor contract may not exceed 5 years;
(2) The labor certificate expires at the same time as the labor contract expires and may be renewed 30 days before the expiration;
(3) If you change your job but without changing your vocation or moving out of the prescribed region, you must file the application for amending the Labor Certificate; if you begin your new job somewhere other than in the proscribed region or change your job as well as your vocation, your must apply for a new Labor Certificate.
(4)The Labor Certificate must be reviewed yearly.
Useful Information
● Hangzhou Employment Service: www.hzjob.com.cn
● Hangzhou Employment Service Bureau: 242 Mid-Zhonghe Rd., Hangzhou, 0571-87258568
● Hangzhou Foreign Affairs Office: 28th Floor of the Municipal Government, Hangzhou, 0571-85252812
● Zhejiang Foreign Affairs Office: 538 Tiyuchang Rd., Hangzhou, 0571-85215256
● Division of Exit-Entry Administration of Hangzhou Public Security Bureau: 35 Huaguang Rd., Hangzhou, 0571-87280561
● Hangzhou Talents: www.hzrc.com
● Zhejiang Talents: www.zjrc.com
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