In cooperation with Shekou Foreign Legal Assistance Center, Shenzhen Daily runs a Monthly Topic column on the topics that expats are most concerned about by inviting lawyers, or notaries and other professionals to answer questions regarding visas, taxes, medical services, investment and employment, among others.

Work visa application, employment for expats

Q1: What is a work visa?

A: A work visa usually means the residence permit for employment. According to relevant laws, foreigners who work in China must obtain a work permit and residence permit for employment.

Q2: What are the basic requirements for foreigners to work in China?

A: The applicants must be aged over 18, in good health and have no criminal record. They should have the necessary professional skills or appropriate knowledge to engage in work and the work should be in line with China’s economic and social development.

Q3: How many categories does the work permit have? Which category should I belong to?

A: There are three categories – A for high-end talents, B for professional talents and C for regular talents.

Q4: Is it possible to get the work permit and residence permit inside of China without going outside of China?

A: Yes, it’s possible. If you hold a valid Chinese visa, you can complete the procedures for work permit and residence permit application without going out of China.

Q5: What are the legal consequences of unlawful employment?

A: It depends on the seriousness of the situation. If no crime is committed, generally, there are legal consequences as follows: fine, detention, order to exit China within a time limit, repatriation and deportation. They can be used alone or combined.

Q6: Can employers recruit foreign employees through labor dispatch?

A: According to the Provisions on the Administration of Employment of Foreigners, if a foreigner is employed in China, the employer must be the same as the employer indicated in his or her work permit. Employers cannot recruit foreign employees through labor dispatch.

Q7: Can foreign employees work part time across regions?

A: Foreign employees may only provide labor in the employment area registered on their work permits. If they change areas, they must go through the appropriate procedures; in the absence of such a change, foreign employees may not be employed part time across regions.

Q8: Do indefinite employment contracts apply to foreign employees?

A: The duration of a foreign employee’s employment contract shall not exceed a maximum of five years. Before expiration of the employment contract, the work permit may be extended with the approval of the local labor administration department.