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台湾香港澳门居民在内地就业管理规定 Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland Provisions

2006-05-12 17:17   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the Ministry of Labour and Social Security on 14 June 2005 and effective as of 1 October 2005.)

颁布日期:20050614  实施日期:20051001  颁布单位:劳动和社会保障部

  Article 1 These Provisions have been formulated in accordance with the PRC, Labour Law and the relevant laws and administrative regulations in order to safeguard the lawful rights and interests of the Chinese citizens among Taiwan, Hong Kong and Macao residents (hereafter, “Taiwan, Hong Kong and Macao Personnel”) in respect of employment in the mainland and to strengthen the administration of employment of Taiwan, Hong Kong and Macao Personnel by mainland employers.

  Article 2 These Provisions apply to Taiwan, Hong Kong and Macao Personnel employed in the mainland and to the mainland enterprises, institutions, individually-owned industrial and commercial businesses and other organizations registered according to law (hereafter, “Employers”) that employ or accept secondment of Taiwan, Hong Kong and Macao Personnel.

  Where the State has separate provisions on the administration of employment of experts from Taiwan, Hong Kong and Macao in the mainland, such provisions shall prevail.

  Article 3 For the purposes of these Provisions, the phrase “Taiwan, Hong Kong and Macao Personnel employed in the mainland” refers to:

  (1) personnel that have established labour relationship with an Employer;

  (2) Hong Kong and Macao Personnel that engage in individually-owned businesses in the mainland; and

  (3) personnel that have established labour relationship with an overseas or Taiwan, Hong Kong or Macao Employer, that are seconded to the mainland by the Employer and that have worked for the same Employer for an accumulative period of three months or more in one year (from 1 January to 31 December of the Gregorian calendar)。

  Article 4 Employment of Taiwan, Hong Kong and Macao Personnel in the mainland shall be subject to an employment permit system. Employers that intend to employ or accept secondment of Taiwan, Hong Kong and Macao Personnel shall apply for a Taiwan, Hong Kong and Macao Resident Employment Permit (hereafter, “Employment Permit”) for such personnel. Hong Kong and Macao personnel that are to engage in individually-owned industrial and commercial businesses in the mainland shall apply for the Employment Permit in person. Taiwan, Hong Kong and Macao Personnel that have been granted permission and obtained Employment Permits are entitled to the protection of law in their employment in the mainland.

  Employers shall be subject to a record filing system in employing or accepting secondment of Taiwan, Hong Kong and Macao Personnel.

  Employment Permits shall be uniformly printed by the Ministry of Labour and Social Security.

  Article 5 Employers shall comply with State laws and regulations when employing or accepting secondment of Taiwan, Hong Kong and Macao Personnel.

  Article 6 Where an Employer intends to employ or accept secondment of Taiwan, Hong Kong and Macao Personnel, it shall meet the following conditions:

  (1) between 18 and 60 years of age (investors that directly participate in business operation and professional and technical personnel that are urgently needed in the mainland may be over 60 years of age);

  (2) in good health;

  (3) holding valid travel documents (including valid documents issued by mainland authorities such as the mainland travel permits for Taiwan residents and home visit permits for Hong Kong and Macao residents);

  (4) for persons to be engaged in certain occupations (technical professions) specified by the State, having the corresponding qualification certificates in accordance with the relevant State provisions; and

  (5) other conditions specified by laws and regulations.

  Article 7 To apply for an Employment Permit for Taiwan, Hong Kong and Macao Personnel for their employment in the mainland, an Employer shall submit an Application for Employment of Taiwan, Hong Kong and Macao Residents and the following valid documents to the prefectural (municipal) level labour security administrative department at the place of its location:

  (1) the business licence or registration certificate of the Employer;

  (2) the valid individual travel document of the personnel to be employed or seconded;

  (3) the health certificate of the personnel to be employed or seconded;

  (4) the letter of intent for employment or the appointment certificate;

  (5) for personnel to be engaged in certain occupations (technical professions) specified by the State, the professional qualification certificate of the personnel to be employed shall be provided; and

  (6) other documents specified by laws and regulations.

  Article 8 The labour security administrative department shall make a decision on employment permission within 10 working days of the date of receipt of the Application for Employment of Taiwan, Hong Kong and Macao Residents and the relevant documents from the Employer. If the conditions specified in Article 6 hereof are met, it shall grant employment permission and issue an Employment Permit. If the conditions specified in Article 6 hereof are not met, it shall not grant employment permission and shall notify the Employer the reasons therefor in writing.

  Article 9 Employers shall, on the strength of the Employment Permit issued by the labour security administrative department, complete registration and record filing procedures for employment of Taiwan, Hong Kong and Macao Personnel.

  Article 10 In case of Hong Kong and Macao personnel that are to engage in individually-owned industrial and commercial businesses in the mainland, they shall, on the strength of their individually-owned business licences, health certificates and valid individual travel documents, apply to the prefectural (municipal) level labour security administrative department at the place of their location in person for an Employment Permit. The labour security administrative department shall handle such applications within five working days of the date of receipt of the documents from Hong Kong and Macao personnel.

  Article 11 Employers shall sign labour contracts with the Taiwan, Hong Kong and Macao Personnel they employ, and pay social insurance premiums in accordance with the provisions of the Levy and Payment of Social Insurance Premiums Tentative Regulations.

  Article 12 If an Employer terminates or dissolves the labour contract with the Taiwan, Hong Kong and Macao Personnel it employs or if the term of secondment of the Taiwan, Hong Kong and Macao Personnel expires, the Employer shall complete the procedures for cancellation of the Employment Permit with the original issuing authority within 10 working days of the date on which the labour contract is terminated or dissolved or the term of appointment of the Taiwan, Hong Kong and Macao Personnel expires.

  If Hong Kong and Macao personnel that engages in individually-owned industrial and commercial businesses in the Mainland suspends or terminates business operation, they shall complete the procedures for cancellation of Employment Permit with the issuing labour security administrative department within 30 days of the date of suspension or termination of business.

  Article 13 If an Employment Permit is lost or damaged, the Employer shall apply to the issuing labour security administrative department for replacement of Employment Permit for Taiwan, Hong Kong and Macao Personnel.

  Article 14 The employer of Taiwan, Hong Kong and Macao Personnel shall be the same as the employer specified in their Employment Permits. If there is a change in the Employer, the new Employer after change shall apply to the prefectural (municipal) level labour security administrative department at the place of its location for new Employment Permits for Taiwan, Hong Kong and Macao Personnel.

  Article 15 If a labour dispute arises between an Employer and the Taiwan, Hong Kong and Macao Personnel it employs, the dispute shall be handled in accordance with the State provisions on the handling of labour disputes.

  Article 16 If an Employer employs or accepts secondment of Taiwan, Hong Kong and Macao Personnel without applying for Employment Permits for them or without completing record filing procedures, the labour security administrative department shall order rectification within a prescribed time limit and may also impose a fine of Rmb 1,000.

  Article 17 If an Employer fails to complete the procedures for cancellation of Employment Permit when it terminates or dissolves the labour contract with any Taiwan, Hong Kong and Macao Personnel or when the term of employment of any Taiwan, Hong Kong and Macao Personnel ends, the labour security administrative department shall order rectification within a prescribed time limit and may also impose a fine of Rmb 1,000.

  Article 18 If an Employer fabricates, alters, uses without authorization or transfers an Employment Permit, the labour security administrative department shall order rectification and shall impose a fine of Rmb 1,000, and the Employer may not employ any Taiwan, Hong Kong and Macao Personnel within one year.

  Article 19 These Provisions shall be implemented as of 1 October 2005. The Administration of Employment of Taiwan, Hong Kong and Macao Residents in the Mainland Provisions issued by the former Ministry of Labour on 21 February 1994 shall be repealed simultaneously.

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