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What procedures do foreigners need to follow to change jobs in China

Updated: 2019-06-28

In case of an Alien Employment Permit, there are several conditions that must be met. First, the foreigner's employing unit should be consistent with the employing unit registered in their Alien Employment Permit. Second, if the foreigner changes the employing unit within the area prescribed by the issuing authority but is still engaged in his original occupation, they should get the permission of the original license issuing authority and alter the Alien Employment Permit. Third, if the foreigner leaves the area prescribed by the licensing authority for employment or changes the employing unit in the original prescribed area and engages in different occupations, he/she must reapply for an Alien Employment Permit. Fourth, the employing unit should sign a labor contract with the foreigner. The maximum term of the labor contract shall not exceed five years. The labor contract shall be terminated upon its expiration, and may only be renewed after the examination and approval procedures have been completed. Fifth, upon the expiration of the labor contract signed between the employed foreigner and the employing unit, his/her employment certificate becomes invalid. If the contract is to be renewed, the employer shall, within 30 days before the expiration of the original contract, submit an application to the labor administrative department for extension of the time of employment, and follow the procedure for obtaining permission for an extension. Sixth, the labor administrative department must carry out an annual inspection of the Alien Employment Permit.

The employing unit that employs the foreigner for every full year of employment should conduct an annual inspection of the foreign employee within 30 days before the expiration of the Alien Employment Permit. If it is not done within the time limit, the Alien Employment Permit will expire. Seventh, the foreigner's work time, break time, holidays and social insurance should be given in accordance with the relevant regulation of China. Eighth, if the employing unit has labor disputes with foreign employee, they should be dealt with in accordance with the Labor Law of the People's Republic of China and the Law of the People's Republic of China on the Mediation and Arbitration of Enterprise Labor disputes.