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Instructions for Applying for Foreigner's Switching Employer

2013-12-23

Subject

Applying for Foreigner's Switching Employer

Authority

Authority: Shanghai Administrative Center for Employment of Foreigners (Shanghai Administrative Center for Employment of Personnel from Taiwan, Hong Kong and Macao)

Address: 4F,No.77 Meiyuan Rd,Shanghai.

Zip code: 200070

Website: Shanghai Municipal Human Resources and Social Security Bureau and Shanghai Municipal Service for Foreigners and Personnel from Taiwan, HongKong and Macau

Inquiry Telephone Number: 12333

Business Telephone Number: 32511585

Business Hours from Monday to Thursday: 9: 00AM-11: 30AM, 1:30PM-5:00PM

Business Hours for Friday: 9: 00AM-11: 30AM, 1: 30PM-3: 30PM

Legal Basis

RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA Promulgated jointly by the Ministry of Labor, Ministry of Public Security, Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China
L.B.F.(1996) No.29

PROPOSALS OF THE LABOUR BUREAU OF SHANGHAI ON IMPLEMENTING THE RULES FOR THE ADMINISTRATION OF EMPLOYMENT OF FOREIGNERS IN CHINA
H.L.W.F.(1998) No.25

Requirements for Applicant:

The applicant must:

1, for switching within Shanghai municipality, he or she must hold a releasing letter or company cancellation document from previous employer; (In case the applicant is legal representative of previous company, or is chief representative of previous representative office, a cancellation or alternation document of Industry and Commerce Administration authority shall be submitted.) / for cross-province switching, he or she must hold a transferring or cancellation letter issued by previous Employment Permit issuing authority;

2, have a labour contract / employment agreement with new local employer, or have an income certificate issued by new overseas employer;

3, hold valid Representative Certificate in case he or she works for a representative office in Shanghai;

4, be between the age 18 and 60 for male, and between 18 and 55 for female;

5, meet other conditions defined by relevant laws and regulations.

Documents Required for Application:

I, Applying for Applying for Foreigner's Switching Employer at Reception Center

1. Two filled-out Employment Registration Form of Foreign Employees in China; (which can be downloaded on the website);

2, For switching within Shanghai municipality, the applicant shall submit a releasing letter from previous employer, or a cancellation document of Employment Permit; (In case the previous employer is closed or cancelled, a cancellation document of relevant authority shall be submitted.) / For cross-province switching, the applicant shall submit a transferring or cancellation letter issued by previous Employment Permit issuing authority; / In case the applicant is legal representative of previous company, or is chief representative of previous representative office, a cancellation or alternation document of Industry and Commerce Administration authority shall be submitted.

3. Valid Business License or other legal Registration Certificate with annual inspection stamp (copy), Organization Code Certificate (copy), and Certificate of Approval for the foreign-invested enterprises (copy);

4. The curriculum vitae of the foreigner to be employed (including the highest education degree and detailed working experiences, which must be printed in Chinese and stamped by the employer);

5. The relevant credentials of the foreigner (referring to relevant technical or skill qualification issued by competent organizations; in case no certificates have been obtained, the foreigner shall provide reference letters issued by his/her former employer, showing his/her working experiences related with current job position;

6. Educational certificates related with current job position;

7. Copy of labour contract / employment agreement signed by the employer and the foreigner to be employed, or copy of income certificate issued by overseas employer; (Remuneration payer, job position of employee and duration of employment must be stated in this income certificate.)

8. In case any contents of Employment Permit issued in Shanghai Municipality need alteration, relevant proof documents shall be provided.

9. The chief representative or the representative of the representative office shall also provide the valid Representative Certificate (Both original and copy are needed. Above-mentioned item 5, 6 and 7 in "Documents Required for Application" entry can be omitted.);

10. Employment Permit (original);

11. Valid passport and residence permit; (Both original and copy are needed.)

12. Three recently-taken passport photos; (Two of the photos should be pasted on the forms, and the other one will be pasted on the employment permit)

13. Other documents requested by the certificate issuing authority.

II, Applying for Applying for Foreigner's Switching Employer by Internet

1. Visit the website of Shanghai Municipal Human Resources & Social Security Bureau

2. Choose "On-line Application"- "Application for Employers"-"Overseas Personnel";

3. Log in by inputting your username, password and other information required;

4. Choose certain links to complete the application.

5. Applicants can also be made at Online Employment Service for Overseas Personnel in Shanghai.

Procedures and Responding Time for Application

1. The authority will issue an Administration Permission Receipt to the applicant after the employer submitting the documents required for the application according to regulations;

2. The authority will verify the documents and notify the employer the result of the Administration Permission and the exact time to acquire the certificate within 15 working days;

3. The employer may visit on-line application website toinquire about the result of any application in 15 working days.

4. The foreigner shall apply for the residence permit to Shanghai Exit/Entry Administration Bureau (Tel: 28951900) by presenting Employment Permit and Employment Registration Form of Foreign Employees in China.

Charge

Free

Attentions

1. Employer must carry its "User's Card for Employers" whenever any application is made.

2. In case the foreigner is the direct investor or the legal representative indicated in the business license, or chief representative / representative of the representative office, a copy of proof documents or a copy of the business license / registration certificate and representative certificate should be provided. (Above-mentioned item 5, 6 and 7 in "Documents Required for Application"entry can be omitted)

3. Those whose position is vice general manager or above should provide the resolution of the board of directors. In case that no board of directors exists, a copy of letter of appointment signed by legal representative and the article of enterprise must be presented instead of the resolution.

4. Normally, the valid period of Employment Permit shall not exceed one year. In case the foreigner is the direct investor or legal representative, or employed by an enterprise which has the registered capital over 3 million USD, or employed by a regional headquarter in shanghai established by multinational corporations, the duration of the foreigner's Employment Permit can be determined by that of the labor contract or employment agreement, but the valid period for one review shall not exceed five years. For chief representative or representative of the representative office, the duration of his /her Employment Permit can be determined by that of the registration certificate and representative certificate. Moreover, the duration of Employment Permit of all above-mentioned personnel shall not exceed the term of labour contract, the validity of the foreigner's passport, and the term of the business license or the registration certificate of the employer either.

5. In case any document submitted by the employer is written in a foreign language, Chinese translation stamped by the employer should be attached