Foreigners who study or perform internships cannot be legally employed, as well as dependents of foreigners who hold a work permit. Employers must sign a legal contract with foreign employees, the agreement cannot be under the table. Additionally, employers cannot even engage employees in language training. Although there are a lot of steps to obtain a resident permit, the consequences of not following the proper legal procedure just explained are serious.
Transferring Work Permits to a New Employer
When a foreign talent is hired by a new company, their work permits must be canceled and renewed. The reason for this is that in China, employees’ Work Visas are tied to their company of employment. The employer has access to an electronic system to cancel the employee’s work permit. There are two forms the employer should fill out:
• “Proof of Cancellation of Work Permit for Foreigners Working in China”
• “Application Form for Cancellation of Foreigner’s Work Permit”
The former employer should apply to cancel the work permit within 10 working days from when employment ceases. The cancellation certificate will include the reason for the cancellation of the work permit.
Next, the new work permit should be applied for. Important application documents for this purpose held by the employee include a letter of release and work permit cancellation certificate. Also, applicants need proof of relevant work experience from previous employers and a bachelor’s degree or above.
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