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RAEFC 23; Employer Must be Same as on WP

Reliant Team Reliant 睿来 2023-01-03

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The following provision of the Rules for the Administration of Employment of Foreigners in China (RAEFC) stipulates that the actual employer must be the same as that on the Employment Permit


Note, RAEFC was originally promulgated in 1996, though it was revised in 2017, the changes made were minimal so many terms are outdated. The Employment Permit (外国人就业证) has been replaced by the work permit (WP). For more information on the WP see: “Why Your ‘Work Visa’ Won't Work.”  In addition, the stipulations on changing vs. obtaining a new WP do not fit well with the actual WP system put in place in APR 2017.


Article 23 - Employer Must be Same as on WP


Employers of foreigners working in China must be the same as those indicated on their Employment Permits.


If a foreigner changes the employer within the area specified by the license-issuing authority but still engages in the original occupation, he must obtain the approval of the original license-issuing authority and go through the formalities for changing the Employment Permit.


Foreigners who leave the area regulated by the license-issuing authority for employment or change employers and engage in different occupations within the originally specified area must go through the Employment Permit procedures again.


第二十三条 


外国人在中国就业的用人单位必须与其就业证所注明的单位相一致。


外国人在发证机关规定的区域内变更用人单位但仍从事原职业的,须经原发证机关批准,并办理就业证变更手续。


外国人离开发证机关规定的区域就业或在原规定的区域内变更用人单位且从事不同职业的,须重新办理就业许可手续。


RAEFC - Rules for the Administration of Employment of Foreigners in China

外国人在中国就业管理规定

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/gz/201704/t20170413_269433.html


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This article is the author's original, non-profit work product. The original author and publishing information must be retained in any reproductions. For commercial use, please contact the author: info@reliant.org.cn.


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