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Interim Provisions on the Administration of the Employment of Chinese Employees by Permanent Representative Offices of Foreign Enterprises

release date:2006/07/03 hits:715

Interim Provisions on the Administration of the Employment of Chinese Employees by Permanent Representative Offices of Foreign Enterprises 

Dec 28th 1999
No. WZ[1999] 52

Article One The Provisions herein are formulated according to relevant provisions of the state in light of the actual circumstances of the Province for the purpose of protecting the legal rights and interests of the permanent representative offices of foreign enterprises and other economic organizations (hereinafter referred to as the "Foreign Enterprise Offices") as well as their Chinese employees, maintaining the orders of foreign-related services, and facilitating the smooth carryout of the opening up activities.
Article Two The Provisions shall apply to the following units and individuals within the administrative region of the Province;
1.   Foreign Enterprise Offices that need to employ Chinese employees;
2.   Chinese citizens that hunt jobs or apply for employments (including the chief representative or representative) in Foreign Enterprise Offices, or work for Foreign Enterprise Offices by ways of business cooperation, trainings, and communications etc.   (hereinafter referred to as the "Chinese Employees");
3.   Foreign enterprise service provision units that provide Foreign Enterprise Offices with Chinese Employees.
Article Three Under the uniform leadership of the People's Government of the Province, the International Economic and Trade Commission of the Province shall be responsible for the administration of the affairs concerning the employment of Chinese Employees by Foreign Enterprise Offices, and the departments of the Province for industry and commerce administration, personnel, labor, foreign affairs, public security, state security, confidentiality, taxation, and customs shall execute supervision and examination in accordance with laws according to relevant provisions of the state and their respective duties and responsibilities. Departments for industry and commerce administration, personnel, labor, foreign affairs, public security, state security, confidentiality, taxation, and customs shall execute supervision and examination in accordance with laws according to relevant provisions of the state and their respective duties and responsibilities.
Article Four Where a Foreign Enterprise Office needs to employ any Chinese Employee, it s.hall assign a foreign enterprise service provision unit that has been approved by the Government of the Province and that has the qualification to handle the matter. The foreign enterprise service provision unit shall recruit and provide Chinese Employees to Foreign Enterprise Offices in accordance with the assignment requirements as well as relevant laws and regulations of China. Foreign Enterprise Offices shall not employ directly or assign any other unit or individual to employ Chinese Employees.
Article Five Where a foreign enterprise service provision unit recruits or provides Chinese Employees to a Foreign Enterprise Office, it shall complete procedures to departments for personnel and for labor in accordance with relevant provisions.
Article Six Where any Chinese citizen that meets the conditions of working in a Foreign Enterprise Office requires to serve or provide labor services in a Foreign Enterprise Office, he/she shall file an application to a foreign enterprise service provision unit, which shall submit it for file to the competent administrative department for industry and commerce of the Province after the citizen has passed the examination and after the Foreign Enterprise Office grants approval after examinations.
Article Seven Chinese Employees that work in Foreign Enterprise Offices shall sign labor contracts with the Foreign Enterprise Offices in accordance with relevant provisions in the Labor Law of the People's Republic of China. The Foreign Enterprise Offices shall pay social insurance premiums for their Chinese Employees in accordance with laws.
Article Eight The legal rights and interests of the Chinese Employees that work in Foreign Enterprise Offices are protected by the laws and regulations of the state. Chinese Employees must defer to the laws and regulations of the state, safeguard the security, honor and interests of the state, protect the secrets of the state, observe the working systems of Foreign Enterprise Offices, and keep confidential the business secrets of Foreign Enterprise Offices. Where any labor dispute arises between a Chinese Employee and a Foreign Enterprise Office or a foreign enterprise service provision unit, the dispute shall be settled in accordance with provisions in the Labor Law of the People's Republic of China.
Article Nine The International Economic and Trade Commission of the Province shall intensify its leadership, supervision and administration over Foreign Enterprise Offices in employing Chinese Employees. Foreign enterprise service provision units shall improve their service quality, recruit and provide Chinese Employees for Foreign Enterprise Offices in accordance with laws and regulations of the state, intensify the legal educations and professional trainings received by Chinese Employees that work for Foreign Enterprise Offices, and collect service fees in strict accordance with relevant provisions of the state.
Article Ten Where any person that is aware of any state secret and that holds a position in, has retired from, remains holding a position without wage in, or has resigned from an organ of the Party, the government or the Army, or a state-owned enterprise or public institution, works for a Foreign Enterprise Office, the case shall be handled according to relevant laws and regulations of the state regarding confidentiality.
Article Eleven Where the permanent representative office of a foreign enterprise employs any Chinese Employee in breach of the Provisions, the International Economic and Trade Commission of the Province and the department for industry and commerce administration etc.  shall require it to rectify within a specific period, and shall impose sanctions in accordance with relevant laws, rules and regulations.
Article Twelve Where any foreign person that is permanently stationed in the Province needs to employ any Chinese citizen to provide service for him/her, or any foreign enterprise employs any Chinese citizen to act as its business agent or business liaison within the Province; or where the permanent representative office set up by any enterprise or economic organization based in Hong Kong, Macao or Taiwan within the Province employs any employee from the mainland, the Provisions shall be referred to.
Article Thirteen The Provisions shall become effective as of Dec. 1st 1999. Where any Foreign Enterprise Office has employed Chinese Employees not in conformity with the Provisions prior to this date, it shall complete relevant procedures according to the Provisions.
Article Fourteen The International Economic and Trade Commission of the Province shall be responsible for the interpretation of the Provisions.

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