(Effective on February 21, 1994)
Contents
Chapter I General Provisions
Chapter II Application and Approval of Employment
Chapter III The Labor Management and Supervision
Chapter IV Penalties
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1
In accordance with relevant laws and stipulations, these regulations are formulated with a view to strengthening the management of employment of Taiwan, Hong Kong, and Macao residents (hereinafter referred to as THM residents) in the mainland and the mainland units which employ them, thereby protecting the legal rights of both the employees and employers.
Article 2
The employment of THM residents in the mainland as mentioned in these regulations refers to such cases, in which THM residents are legally employed by the mainland employing units to engage in certain labor service and be compensated with salaries or part of business income.
Article 3
These regulations apply to any employing units (including privately owned small enterprises) which employ the THM residents in the mainland as well as such THM residents themselves.
Article 4
These regulations do not apply to experts from the THM regions employed by the State Foreign Expert Bureau, legal representatives of business administrative bodies established in the mainland by the THM regions, or THM investors of foreign-funded enterprises who have legal person status in the mainland.
Article 5
The employment of THM residents in the mainland is governed by the employment certificate system. Only THM residents with employment certificates can work in the mainland and enjoy protection by law.
Article 6
Labor departments of provinces, autonomous regions, and municipalities and their authorized agencies at prefectural and city level are responsible for administering the employment of THM residents in the mainland.
Chapter II Application and Approval of Employment
Article 7
Employing units in the mainland which plan to employ the THM residents should first apply to the relevant labor departments. The THM residents who wish to work in the mainland should fill out the Application Form of Employment of THM residents in the Mainland and seek the approval of the relevant labor departments.
Article 8
The THM residents who apply for working in the mainland should meet the following requirements:
1) Aged above 18, in good health, having valid travel documents issued by the competent mainland authorities.
2) Having professional certificates showing they are qualified for the jobs offered to them or corresponding academic certificates and actual work experience in the profession.
Article 9
The mainland employing units which employ the THM residents should meet the following requirements:
1) The jobs offered to the THM residents should be of such category, for which there is, currently, no suitable domestic candidates.
2) Having certificates issued by job introductory agencies affiliated with labor departments which prove that the employing units cannot find the employees in need within areas under the local jurisdiction or cannot find them after publishing a position-open advertisement for three weeks under the guidance of relevant labor departments.
3) The employing units should not violate relative laws and regulations when employing the THM residents.
Article 10
The THM residents who occupy such posts as the general managers or deputy general managers of foreign-invested enterprises, under contracts, in the mainland should be exempted from the above-said employment approving procedures.
Article 11
The THM residents applying to work in the mainland, when approved, will be issued Employment Certificate of the THM Residents by labor departments of provinces, autonomous regions and municipalities and their authorized agencies at the prefectural and city level. The employment certificate will be printed by the Ministry of Labor.
Article 12
The THM residents who have been approved to work in the mainland should apply to the local public security bureau with their employment certificate to fulfill the necessary procedures for temporary residence in the mainland.
Chapter III The Labor Management and Supervision
Article 13
The THM residents working in the mainland should abide by the State laws and regulations. The relevant labor departments will be responsible for overseeing the management of labor relations between the employees and employing units.
Article 14
The employing units and employees should sign labor contracts in accordance with relevant regulations governing labor contract as promulgated by the State. The labor contract should clearly stipulate the rights and obligations of both parties, the term, change and termination of the contract, conditions on contract termination, responsibility for contract violation and other items which need clarification.
Article 15
Labor disputes which occur during the term of the contract should be handled according to the Regulations Governing the Handling of Labor Disputes in Enterprises in the People's Republic of China.
Article 16
Labor departments should implement annual check on employment certificates. Employing units which have employed the THM residents for nearly one year should go to labor departments one month ahead of the prescribed deadline for the annual check. The employment certificate becomes invalid if employing units fail to apply for regular check before the prescribed deadline.
Article 17
The employment of the THM residents by employing units ends on the day when the contract expires. If the employing units wants to continue such employment, they should apply to the labor departments for extension of the employment of THM residents one month before the contract expires and re-employ them upon the approval by the labor department.
Article 18
Employing units should report to labor departments immediately after they have dismissed the THM residents or such THM employees have terminated contracts by themselves, and they should also hand in their employment certificates for cancellation. If the employment certificates are lost or damaged, the employing units should report to the original certificate-issuing units and apply for reissue.
Article 19
The units the THM residents work for should be identical with that indicated in the employment certificate. The certificate issued by the local labor department is valid only for the employing units located within areas under the local jurisdiction. If the employees move to other employing units in the same area, they should get the approval of the original certificate-issuing units and go through procedures for making the necessary revision on their certificates. And if they move to employing units outside the local judicial area, they should undergo a new round of procedures of job application and approval.
Article 20
The mainland agencies, which wish to engage in providing job information and intermediary services for the THM residents who seek work-posts in the mainland, should first apply to labor departments of provinces, autonomous regions and municipalities for approval and can only start business after having obtained such approval.
Article 21
The employing units and employees should be subject to supervision by labor supervising bodies regarding their compliance with relevant labor laws and regulations.
Chapter IV Penalties
Article 22
The THM residents, who violate provisions in Article 7 of these regulations and take jobs without official approval, should be required to leave such jobs and pay a fine of 5 to 10 times their average monthly salaries from such jobs. The labor departments of provinces, autonomous regions and municipalities can stipulate detailed rules on this requirement.
Article 23
The employing units which violate provisions in Article 7 of these regulations should be required to suspend such employment and pay a fine of 10-15 times the average monthly salaries paid to such THM residents illegally employed by them. The labor departments of provinces, autonomous regions and municipalities can stipulate detailed rules on this requirement.
Article 24
Organizations or individuals, who violate provisions in Article 20 of these regulations and illegally introduce the THM residents to take jobs in the mainland, should have all their illicit income from such dealings confiscated, be regarded as illegal labor intermediary and punished according to the law.
Article 25
For those THM residents, who forge, alter, illegally transfer the employment certificates or use others' certificates, the labor departments should cancel their certificates and impose on them a fine of 5-10 times their average monthly salaries. The labor departments of provinces, autonomous regions and municipalities can stipulate detailed rules on this requirement. Those who have already committed criminal offense should be turned over to the judicial departments.
Article 26
Labor departments should refuse to issue employment certificates to those THM residents who do not meet the requirements of or who have violated these regulations; and they should cancel the employment certificates already issued to such THM residents.
Article 27
Labor departments should be responsible for meting out penalties stipulated in these regulations. The fines collected should be turned over to the national treasury, without delay, according to the State regulations.
Chapter V Supplementary Provisions
Article 28
The labor departments of provinces, autonomous regions and municipalities can stipulate detailed rules in accordance with these regulations and submit them to the Ministry of Labor for record.
Article 29
The Ministry of Labor is responsible for the interpretation of these regulations.
Article 30
These regulations come into force as of February 21, 1994. Those THM residents, who had already worked for employers in the mainland without approval before that date, should fulfill application procedures within one month after these regulations come into effect. Labor departments should issue the employment certificates to those who are found to meet the requirements. Those, who are found not to meet the stipulated requirements or who have failed to apply for approval of employment within the prescribed period, should be considered as having been illegal employed and be dealt with accordingly.
