Employment of foreigners in China shall be governed by the Labor Law of the People's Republic of China. Foreign workers enjoy the right to equal employment and choice of occupation, the right to remuneration for work, the right to rest and vacation, and the right to occupational safety and health protection in accordance with law.

　　Labor contract

　　Once a foreigner is employed in a domestic enterprise according to law, in accordance with the relevant provisions of the Regulations on the Administration of Employment of Foreigners in China, the enterprise shall sign a labor contract with the foreigner who is employed, and the term of the labor contract shall not exceed five years.

　　According to this regulation, we can draw the following two conclusions:

　　First, the foreigner who has gone through the employment procedures in accordance with the law and established a labor relationship with the employer, the relevant labor laws and regulations of China shall be applicable in accordance with the law, so the enterprise shall sign a labor contract with the foreigner within one month from the date of employment, otherwise the foreigner has the right to ask the employer to bear the legal responsibility for failing to sign a labor contract.

　　Second, the term of the labor contract. According to the regulations, enterprises and employed foreigners should conclude labor contracts in accordance with the law. The term of a labor contract shall not exceed five years. A labor contract shall be terminated upon expiration of its term, but may be renewed after going through the examination and approval procedures as provided for in Article 19 of these provisions.

　　Accordingly, when a foreigner establishes a labor relationship with a domestic enterprise and signs a labor contract, the type of labor contract is limited to a fixed term labor contract with a period of not more than five years, and the provisions on non-fixed term labor contracts are not applicable, and the same is not applicable to labor contracts with a period of completing a certain task.

　　In this regard, China's provinces and autonomous regions have different views, of which very few places recognize this breakthrough in the law of the agreement, such as Shanghai "on the implementation of" Several Opinions on the Administration of Foreigners in China's Employment Regulations "notice 16th: The rights and obligations of both parties concerning the term of employment, position, remuneration, insurance, working hours, conditions for termination of the employment relationship, liability for breach of contract, etc. between the enterprise and the foreigner who has been approved for employment shall be stipulated in the labor contract.

overtime

Foreigners who are employed in accordance with the law also have the right to overtime pay if they work overtime outside the statutory working hours. According to the provisions of the national law, foreigners who are employed in accordance with the law shall also be subject to the relevant provisions of the State on working hours. Therefore, for foreigners who are employed in accordance with the law, if they work beyond the legal working hours, the enterprise shall pay overtime wages according to the law.

Social insurance

Foreigners are also required to pay social insurance by law. The problem of foreigners paying social insurance has always been concerned by employers, but it has not been well implemented because of the disconnection between the actual operation and the legal provisions.

Before the implementation of the Social Insurance Law, it was very rare for employers to pay social insurance for foreigners, and more of them fulfilled relevant obligations through commercial insurance.

Article 97 of the Social Insurance Law stipulates that "Foreigners who are employed within the territory of China shall participate in social insurance with reference to the provisions of this Law", which for the first time stipulates the issue of compulsory payment of social insurance by foreigners.

Later, the Interim Measures for Foreigners Working in China to Participate in Social Insurance issued by the Ministry of Human Resources and Social Security further clarified the issue that foreigners must pay social insurance.

The Measures also mention that persons with the nationality of countries that have signed bilateral or multilateral agreements on social insurance with China, if employed in China, their participation in social insurance shall be handled in accordance with the provisions of the agreement. It should be noted that it is not necessary for nationals of countries with bilateral agreements to be exempt from social insurance contributions as long as they are employed in the country. If they have not paid the corresponding social insurance in the country, or have exceeded the social security bilateral agreement of the exemption period, at this time, the employer must still pay social insurance for them according to law.

At present, China has signed bilateral agreements on social insurance with nine countries (Germany, South Korea, Denmark, Finland, Canada, Switzerland, the Netherlands, France, Spain), and enterprises can refer to the corresponding agreements when hiring personnel from these countries.

Rest and leave

Foreigners who are employed in accordance with the law in the employing unit shall enjoy the right to rest and leave as stipulated by the laws and regulations of the State. This means that foreigners also enjoy annual leave, statutory holidays, marriage leave, maternity leave and other statutory holidays.

Minimum wage For foreigners who are employed in accordance with the law in the employing enterprise, the wage standard after providing normal work shall not be lower than the local minimum wage standard.

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