Legislation on recruitment
Chinese laws and regulations that protect labor rights include but are not limited to the Constitution of the People's Republic of China, the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Social Insurance Law of the People's Republic of China, the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, and the Regulations of the People's Republic of China on Settlement of Labor Disputes in Enterprises. These laws and regulations equally protect the labor rights of foreigners employed in China. The laws and regulations such as Rules for the Administration of Employment of Foreigners in China and Interim Measures for Participation in Social Insurances of Foreigners Employed in China have specific provisions for the protection of the labor rights of foreigners employed in China.
As stated in the Labor Law of the People's Republic of China and other relevant laws and regulations, foreign-invested enterprises have the right to decide on their company structures and staffing as necessary for their production and operation.
They also have the right to recruit their own employees in a variety of channels, including entrusting talent market and intermediaries recognized by the local labor department, recruiting directly through various human resource exchanges, and publishing or broadcasting recruitment advertisements (notices) on various media.
The recruitment of employees from foreign countries, Hong Kong, Taiwan and Macao must be approved by the local labor department, and related procedures such as provision of employment permits must be carried out in accordance with relevant regulations of the state. The positions applied for by foreigners must meet the nation's special demands which cannot be satisfied by the domestic labor force.
When hiring staff, all representative offices in China shall entrust local foreign affairs service units or other units designated by the Chinese government to handle the direct employment of workers.
When a foreign representative office in China hires Chinese citizens, the employer must get a registration certificate. In order to obtain this certificate, the employer must go through procedures such as opening a foreign exchange bank account, applying for a direct line, and confirming the multiple-entry visas of foreign managerial personnel. In addition, the lowest ratio of Chinese and foreign personnel is 1:1.