Provisions of Tianjin Municipality on the Administration of Employment of China Employees by Permanent Representative Offices of Foreign Enterprises

Article 1 In order to protect the legitimate rights and interests of the resident representative offices of foreign enterprises in China and their staff members, and maintain the normal order of foreign affairs services, these Provisions are formulated in accordance with the relevant provisions of the state and the actual situation of this Municipality. Article 2 These Provisions shall apply to the following units and individuals within the administrative area of this Municipality:

(1) The resident representative offices of foreign enterprises and economic organizations that recruit employees from China (hereinafter referred to as the resident representative offices of foreign enterprises);

(2) China citizens (hereinafter referred to as China employees) who are employed to work in the resident representative offices (including chief representatives or representatives) of foreign enterprises through business cooperation, training and exchanges;

(3) Foreign affairs service units that provide China employees to the resident representative offices of foreign enterprises with the approval of the State Council or the Municipal People's Government (hereinafter referred to as foreign enterprise service units). Article 3 Tianjin Foreign Economic Relations and Trade Commission is the competent department of the resident representative offices of foreign enterprises in this Municipality, and it is the centralized management department for the resident representative offices of foreign enterprises to provide China employees.

The departments of industry and commerce, labor, personnel, public security, finance, price and customs shall, according to their respective functions and powers, supervise and manage the service work of foreign enterprises according to law. Article 4 The Tianjin Foreign Enterprise Expert Service Company and the units approved by the the State Council or the Municipal People's Government may provide China employees services for the resident representative offices of enterprises in China within the administrative area of this Municipality.

Without the approval of the State Council or the Municipal People's Government, no unit or individual may provide China employees' services to the resident representative offices of foreign enterprises. Article 5 When recruiting employees from China, the resident representative offices of foreign enterprises must entrust the service units of foreign enterprises specified in Article 4 of these Provisions, and may not recruit employees from China privately or entrust other units or individuals. Article 6 China citizens applying to work in the resident representative offices of foreign enterprises must go through the service units of foreign enterprises as stipulated in Article 4 of these Provisions, and may not apply for jobs in the resident representative offices of foreign enterprises privately or through other units or individuals. Article 7 China employees provided by service units of foreign enterprises to resident representative offices of foreign enterprises must meet the following conditions:

(1) Having a permanent residence in this Municipality, a blue-printed residence or a temporary residence permit issued by the public security organ of this Municipality;

(two) in accordance with the relevant provisions of the city's employment;

(3) On-the-job personnel shall obtain the consent of their units;

(4) Compliance with other relevant laws and regulations. Article 8 Service units of foreign enterprises shall sign labor contracts with employees in China according to the Labor Law of People's Republic of China (PRC), and pay social insurance premiums for employees in China according to law.

Labor disputes between service units of foreign enterprises and employees in China shall be handled in accordance with the provisions of the Labor Law of People's Republic of China (PRC). Article 9 China employees employed by resident representative offices of foreign enterprises must hold the relevant documents issued by the service units of foreign enterprises as stipulated in Article 4 of these Provisions and obtain employee certificates or representative certificates from the municipal administrative department for industry and commerce before taking up their posts. China citizens who have not obtained the employee card and representative card may not work in the permanent representative offices of foreign enterprises.

The valid use period of the employee card and representative card is one year. If it is necessary to extend the use, it shall go through the replacement procedures with the original issuing authority within 30 days before the expiration. Article 10 The laborers who are sent back to work in the permanent representative offices of foreign enterprises by China's labor export units must register and put on record in the service units of foreign enterprises as stipulated in Article 4 of these Provisions within one month from the date of repatriation, and obtain work permits or representative certificates from the municipal administrative department for industry and commerce with the relevant documents issued by the service units. Eleventh units and individuals that violate the provisions of Article 4 of these Provisions and illegally provide China employees to the resident representative offices of foreign enterprises shall be dealt with by the departments of industry and commerce, labor and personnel according to their respective functions and powers. Twelfth resident representative offices of foreign enterprises in violation of the provisions of article fifth, privately recruiting employees in China, the municipal administrative department for Industry and commerce shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it will be fined 1 person for every violation. Thirteenth China citizens working in the resident representative offices of foreign enterprises, no employee card or representative card, the municipal administrative department for Industry and commerce shall be ordered to go through the relevant formalities within a time limit; If no correction is made within the time limit, a fine of 5000 yuan shall be imposed. Fourteenth foreign-related service units in violation of the provisions of Article 7, paragraph 2, and Article 8, do not sign labor contracts with China employees or pay social insurance premiums for them, and the labor department shall handle them according to relevant regulations. Article 15 If a citizen of China violates the relevant laws, regulations and the relevant provisions of this Municipality and is not suitable to be recruited as an employee of China or employed as a representative to work in a foreign company after examination by the relevant department, the municipal administrative department for industry and commerce has the right to withdraw his "employee card" or "representative card". Article 16 If a foreign-related service unit violates laws, regulations and rules and affects the service order of foreign enterprises, the Municipal Foreign Economic and Trade Commission shall order it to make corrections, and the relevant administrative departments shall handle it according to law; If the circumstances are serious, it shall be reported to the relevant department to cancel its business qualification of providing China employees to the resident representative offices of foreign enterprises. Seventeenth overseas Chinese and compatriots from Taiwan Province Province, Hongkong and Macao set up permanent representative offices of enterprises and other economic organizations in this Municipality, with reference to these Provisions.