EEAL 41; WP and RPw to Needed to Work
The following provision of the Exit and Entry Administration Law of the People’s Republic of China (EEAL) stipulates that foreigners must have both work permits (WP) and residence permit for work (RPw) to work in China.
Article 41 - WP and RPw to Needed to Work
Foreigners who work in China shall obtain work permits and work-type residence permits in accordance with relevant regulations. No entities or individuals shall employ foreigners who have no work permits or work-type residence permits.
The administrative measures for foreigners working in China shall be stipulated by the State Council.
第四十一条
外国人在中国境内工作，应当按照规定取得工作许可和工作类居留证件。任何单位和个人不得聘用未取得工作许可和工作类居留证件的外国人。
外国人在中国境内工作管理办法由国务院规定。
EEAL - Exit and Entry Administration Law of the People’s Republic of China
http://english.www.gov.cn/archive/laws_regulations/2014/09/22/content_281474988553532.htm
中华人民共和国出境入境管理法
http://www.gov.cn/flfg/2012-06/30/content_2174944.htm
Reliant Services
Reliant Legal Consulting Ltd. provides solutions for labor disputes, work permit problems, and residence permit, visa, and stay permit issues. Contact us for more information:
WeChat ID: Reliant-CN
E-mail: info@reliant.work
Reliant’s Official Wechat account: ReliantInfo
Main Articles
Wreck of The Old 37 or How not to quit your job
Explains why giving 30 days notice is usually not the best way to quit your job
Labor Dispute … Got a plan? You'll need one
Explains several important factors in China labor disputes
Why Your “Work Visa” Won't Work
Explains why you don’t have a “work visa,” what you do have, and how you got it
Why Employer Fines are not Fine
Explains why it is not fine for employers to impose fines on their workers
Is it legal to work for an “agency” if you teach at a school?
Explains the legal issues for foreigners in the education industry who work for an “agency”
Is it legal to dock pay for time in quarantine?
Explains why neither dogs' tails nor worker wages should be docked
Why wasn’t my residence permit renewed?
Explains how work permit can be renewed and residence permit not
Can your employer cancel your visa without your passport?
Explains when and how leaving a job can put your right to stay in China in jeopardy
Work Permit cancelled. What about my Residence Permit？
Explains different practices for dealing the Residence Permit when changing jobs in China
Reliant on the Law
My employer won’t give me release documents. Is that legal?
Labor Contract Termination
Breach Penalties
Severance Pay
Who keeps your work permit card?
Work Permit is Proof of Labor Relationship
Wages in a work stoppage
Documents you need to legally work in China (EEAL 41; RAEFC 8)
Do you have to carry your passport？
Types of Visas EEAL 16; RAEEF 5, 6, 7
Types of Residence Permits EEAL 30; RAEEF 15, 16
EEAL 21, 31, 36; RAEEF 21, Denial of visas, RPs and stay permits
EEAL 33; RAEEF 26; RAEFC 20; Post Resignation Reporting Requirements
LCL 19, 20, 21, 37, 39, 40, 83; Probation
LCL 17, 81; Mandatory Labor Contract Clauses
LCL 26, 27, 28, 86; Labor Contract Invalidity
Damages for Unlawful Termination when Labor Union not Informed
LCL 90, 91; Responsibilities of Workers to Compensate Employers
LCL 85; RLSS 26; Labor Inspection Orders to Pay
LCL 82; Double Wages for No Written Contract
LCL 41, 46.4; Mass Layoffs
LCL 4, 38.4, 80; Employer Rules
LCL 3; Principles
LCL 2; Scope of Applicability
LCL 33, 34; Employer Name Changes, Mergers etc.
LCL 16, 35, 81; Worker Rights to the Labor Contract
LCL 32, 38, 88; Worker Health and Safety
LCL 30 Payment in Full and On Time
RAEFC 6; Limits on Positions for Foreigners
RAEFC 7; Requirement for Clearly-Defined Employer etc.
RAEFC 8; Must have WP and RPw, Change Status in Special Cases
RAEFC 17; Foreign Workers’ Contract Max 5 Years
RAEFC 18; WP Should End at End of Contract
RAEFC 20; Employer Obligation for WP and RPw Cancellation
RAEFC 22; Basic Employment Conditions
RAEFC 23; Employer Must be Same as on WP
RAEFC 29; Penalties for WP Fraud
EEAL 19; Visa Invitation Letters
EEAL 20; Port Visas
EEAL 22; Visa Exemption
EEAL 28; Prohibitions on Foreigners Exiting China
EEAL 29; Visa Extension
EEAL 30; RP Processing and Validity Times
EEAL 33; RAEFC 19; Ten Day Rule for RP Updates
LCL 14; RAEFC 17; Open-Ended Labor Contracts
LCL 42, 45; Circumstance for Extension of Labor Contract
LCL 47, 87; LCL ImpRegs 25; Severance Calculations
LCL 44.1, 46.5; Severance for Non- renewal
LCL 10; Contract and Labor Relationship
LCL Implementation Regulations 10; Transfer Maintains Seniority
LCL Implementation Regulations 26; LCL 38 & Breach Penalties
LCL Implementation Regs 21; Termination at Retirement
LCL Implementation Regs 24; Required Release Letter Content
LCL Implementation Regs 18; Worker's Reasons to End Contract
2022 China Holiday Calendar
Explains which days off are actually holidays, which are shifted rest days, and what this means for your pay
Spring Festival 2022 Work Schedule Explained
Explains legal entitlements for time off and pay over the 2022 Spring Festival
Don't be a January Fool! How long is the New Year's holiday?
Explains time off and pay during the New Year's Day holiday 2022
Copyright Notice版权声明
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.
本文为作者原创，非盈利性质的转载须保留作者和原文网址。商业用途请联系info@reliant.org.cn。