中伦实务 | A Window Opened for Filipino Maids in China?
因中国的就业市场的基本情况是普通劳动力过剩，所以中国以往并不允许外籍家政人员在中国提供家政服务。近两年在国内的自贸区，该等禁止要求逐步产生了变化。本文介绍的是在2016年8月1日开始实施的，允许外籍家政人员在符合条件的情况下，在广东省为外籍高层次人才提供家政服务的最新政策。对于外籍高层次人才而言，其今后可以从菲律宾等地聘请能熟练使用英语或者其它语种的外籍家政人员，在中国为其提供家政服务。
Filipino maids are quite popular among foreign business circle, even wealthy Chinese people in China given their skills and language advantage. Despite the demand in China, Filipino maids are not permitted to work so far, partially to protect the domestic workers in this industry. One of our clients was even expelled and banned from entering into China due to illegally hiring a Filipino maid years ago. It however appears that some newly issued visa rules for free trade zone in Guangdong (“Guangdong Rules”) open a window to meet the demand for Filipino maids.
The Guangdong Rules were issued on July 18, 2016 and took effect on August 1, 2016. Detailed implementing rules were also issued by Public Security Department of Guangdong Province later.
“These new exit-entry policies and measures are based on the free trade zone's urgent demand for high-level foreign talent, overseas Chinese returning to start businesses, young foreign students and investors to realize innovation-driven development of the zone”, according to the Ministry of Public Security.
According to Guangdong Rules, the following foreigners in Guangdong are allowed to hire "foreign housekeeping personals":
☞ high- level foreign talent who has acquired permanent residence in Guangdong；
☞ high-level foreign talent who has acquired working permits in Guangdong；
☞ the Hong Kong, Macau or Taiwan high-level talent in Guangdong.
It is interestingly noted that, although Guangdong Rules were meant to retain talents in the free trade zone in Guangdong, the permission to hire "foreign housekeeping personal" is applicable across Guangdong Province. Furthermore, we notice that similar rules were issued back on July 1, 2015, but with limited application, as compared to Guangdong Rules.
Since Guangdong Rules are newly issued, it is not clear how "high level" will be interpreted in practice. It is reported that a measure specifically on this is on the pipeline and will be issued soon.
It remains to be seen if Guangdong Rules will be able to assist Guangdong in attracting and retaining foreign professionals and returnees.
The information contained in this article is only intended to be a synopsis. It is advisable to take detailed professional advice before acting on it. If you would like to find out more about how Zhong Lun can assist you, please contact Kent WOO at kentwoo@zhonglun.com or +8620 2826 1777