In the light of recent events, we would like to draw your attention to the formalities for Germans to obtain their Work Permit in Shanghai. The legal requirements for working in Shanghai have not undergone many changes, however the authorities have changed the way of handling the implementation of the given rules. The lax attitude which has been shown in the past practice changed and some German companies already faced severe charges after being discovered by the PRC authorities.
Based on the respective laws, a foreigner in China without a work permit or being involved in activities outside the authorized scope of the granted visa is regarded as illegally employed. The consequences are fines which can be imposed on the company as well as on the employee. The Company may have to pay 10.000 RMB per illegally employed foreigner limited to a total sum of 100.000 RMB and the employee 5.000 RMB to 20.000 RMB. But fines are not the only possible measures which can be taken by the authorities. Other penalties are being taken into custody, being ordered out of China or being prohibited to return to China for a period of up to ten years.
The authorities have very good hotlines to explain the questions in terms of working permit and entry and exit issues. Recommendable hotlines are tel.12333 of the Shanghai Municipal Human Resources and Social Security Bureau and tel. 28951900 of the Shanghai Entry-Exit Management Bureau.
In order to obtain a work permit, generally the foreigners shall have more than 2 years relevant work experience and relevant educational background as well as match the requirement of employment in law, such as 1) 18-60 age for male and 18-55 age for female; 2) be in good health; 3) no criminal record; 4) definitive employer and 4) valid passport.
Before the future employee enters China, the Company should first apply for the Employment License at the Municipal Human Resources and Social Security Bureau and for the Official Invitation Letter at the Commission of Commerce. Please take into the consideration that employment without the Employment License is invalid.
In a second step the employer shall mail the obtained original Work Permit and the original Invitation Letter to the future employee.
Thereafter the employees shall apply with the above stated documents and a health certificate for a work visa (Z Visa) at the Chinese embassy or Consulate in their respective countries. The working visa is valid 30 days and the applicant should enter China with the work visa.
After arrival in China, the applicant should do the temporary Residence Registration at the local police and make a physical examination at Entry-Exit Inspection and Quarantine Bureau. After passing the physical examination, the employee shall apply for the Employment Permit at the Municipal Human Resources and Social Security Bureau and finally for the Residence Permit at the PSB.
Please be aware that the approval procedure for the Employment Permit takes 15 working days, 10 working days longer than before. As the original passport shall be submitted to the approval authorities, the travel plan of the applicants can be influenced. Please consider to reserve sufficient time to go through this procedure.
For companies which are providing internships to Germans, the following shall be taken into consideration: According to the new regulations (Administrative Regulations of the People's Republic of China on Entry and Exit of Aliens) which will be effective from the 2013-09-01 there are different types of visas which can be issued to students intending to intern.
Until now students could apply for the F Visa (Business Visa) for the purpose of internship. According to the new regulation the M Visa will be replacing the business F Visa for commercial and trading activities. F Visa will be issued for the purposes of exchange, visit and field study. The Regulation still does not clearly refer in the scope of the visa to internships in general. The practice will show which Visa will be required for those purposes.
However, one point has been clarified. If a foreigner holds a student visa (X1 Visa for long-term study or X2 Visa for short-term study) and wants to work or intern outside school, he shall obtain the consent of his university and apply for the annotation of information such as the place and period for work in support of his study or internship with the Exit and Entry Administration Institution of the Public Security Authority. In practice, not all of the universities are willing to give the permission.
It should be taken into regard, that the law is restricting any payments to be made to interns or benefits to be granted by the PRC companies. In case payments are made the internship position will usually be qualified by PRC authorities as work. Another major difference in China is the restriction of granting the visa for purposes of internships to graduated young professionals and high school graduates. Only students enrolled at University are able to complete an internship in the PRC. To intern with a Tourist Visa is also restricted by law.
The applied visa policy as regard to whether and for which period a visa will be granted by the authorities including the Chinese Consulates and Embassies in Germany may vary and change at any time and can also differ from place to place.
gute info!das war anfang des jahres schon und ich habe meine working Permit trotz fehlender 2 jähriger Berufserfahrung bekommenhaha, typisch...sollten doch bitte noch reinschreiben, dass alles oben genannte Richtlinien sind und von der Firma und Position abhängig sind :-P Als ob ein Chief Rep. oder GM oder oder kein Visum bekommt, wenn eins der obigen Voraussetzungen nicht übereinstimmt
Wir haben auch einige Firmen im Dunstkreis, wo es Anfang des Jahres noch ohne zwei Jahre Erfahrung geklappt hat, jetzt aber seit Juli aehnliche Antraege abgelehnt wurden. Daher dieser Newsletter "In the light of recent events". Natuerlich gelten andere Regeln fuer Leitungspositionen, wobei immer unterschieden werden muss, ob jemand in der Business License eingetragener Legal Representative ist oder "nur" Fuehrungskraft. Je nachdem variieren die Anforderungen teils extrem.