In recent years, more and more enterprises have the need to hire foreigners, so whether the relevant provisions of the Labor Contract Law and the Labor Law are applicable to foreigners' employment in China, and what should be paid attention to in the process of performing employment contracts for foreigners? How to sign employment contracts with foreigners?

According to the scope of application of the Labor Contract Law and the Labor Law, the application of foreign workers is not excluded. Article 25 of the Provisions on the Administration of Foreigners' Employment in China: If a labor dispute occurs between an employer and an employed foreigner, it shall be handled in accordance with the Labor Law of the People's Republic of China and the Labor Dispute Mediation and Arbitration Law of the People's Republic of China. Therefore, in principle, the employment of foreigners in China is also subject to China's laws on labor disputes.

1. Term of employment contract

According to the Regulations on the Administration of Foreigners' Employment in China, employers and employed foreigners shall conclude employment contracts according to law. The term of the employment contract shall not exceed five years. The employment contract will terminate upon expiration, but foreigners can renew it after being approved to extend their employment in China and going through the corresponding procedures. It can be seen from this that foreigners are not allowed to sign open-ended employment contracts when they are employed in China, so there is no need for employers to sign open-ended employment contracts.

2. Wage standard, working hours, rest and vacation, labor safety and health

Foreigners' employment in China is also protected by China's minimum wage standard. Rest, vacation and labor protection shall be implemented in accordance with China's relevant rules and regulations.

3. Extension procedures

The labor administrative department shall implement the extension procedure for the work permit. The employing unit shall, within 30 days before the expiration of the employment period, go through the formalities for the extension of the work permit for the employed foreigner at the license issuing organ of the labor administrative department. If it fails to do so within the time limit, the work permit will automatically become invalid.

4. Termination of employment contract

For foreigners whose residence status has been revoked by the Chinese public security organs due to violation of Chinese laws, the employer shall terminate the employment contract and the labor department shall revoke their employment certificates. After the employment contract between the employed foreigner and the employing unit is terminated, the employing unit shall promptly report to the labor and public security departments, cancel the foreigner's work permit and residence certificate, and go through the exit formalities at the public security organ.

5. The employer shall be consistent with the unit on the work permit

When the employing unit is changed, the foreign worker shall go through the formalities for the work permit again according to different circumstances, or go through the formalities for the change of the work permit with the approval of the original issuing authority. Foreigners cannot employ in China in the form of labor dispatch or assignment to other units because they cannot separate the employer from the employer.

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