There are more and more foreign-funded enterprises. What should be included in the employment contract for foreigners?

There are more and more foreign companies, and enterprises need to recruit foreigners. Can the relevant provisions of the Labor Contract Law and the Labor Law be applied to foreigners' employment in China? What problems should be paid attention to in the implementation of employment contract? How to sign an employment contract with foreigners?

According to the applicable fields of the Labor Contract Law and the Labor Law, the availability of foreign employees is not clear. Article 25 of the Regulations on Employment of Foreigners in China: Any labor dispute between an employer and an employed foreigner shall be handled in accordance with the Labor Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes. Therefore, in general, the employment of international students in China is also subject to the relevant labor dispute laws in China.

The term of the employment contract shall be governed by the Regulations on the Administration of Employment of Foreigners in China. The employing company and the employed foreigner shall sign the employment contract according to the regulations. The term of the employment contract shall not exceed five years. The employment contract will be terminated upon expiration, but foreigners are allowed to extend the employment period of students in China and go through relevant procedures to renew it. From then on, we can know that foreigners who are employed by students in China can't sign an employment contract with no fixed term, and there is no such thing as employers have to sign an employment contract with no fixed term.

The wages, working hours, rest and vacation, employment safety and health of foreigners in China are equally protected by the minimum wage in China, and rest and vacation and safety in production are implemented in accordance with the relevant management system in China.

The labor administrative department delays the formalities of handling the work permit. When an employer hires foreigners for employment every year, it needs to apply for a work permit for the employed foreigners at the license issuing agency of the labor administrative department within 30 days before the expiration of the period. If it is not done within the time limit, the work permit will be invalidated automatically.

If a foreigner who terminates the labor contract is disqualified from employment by the public security department of China for violating the laws and regulations of China, the employer shall terminate the labor contract and the labor bureau shall cancel its employment registration certificate. After the employed foreigner terminates the employment contract with the company, the employing company shall promptly report to the work and public security organs, cancel the foreigner's work permit and residence certificate, and then apply to the public security department for going abroad.

Do foreign-related labor disputes fall within the jurisdiction of labor dispute arbitration in China? Foreign-related labor disputes refer to labor disputes between enterprises and foreign citizens. Since the reform and opening up in China and China, more and more foreign-funded enterprises have invested in China, and labor disputes among various enterprises are also very common. So, how to deal with foreign-related labor disputes? Should it also fall within the jurisdiction of labor dispute arbitration in China?

According to the provisions of Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), if a defendant who has no domicile in People's Republic of China (PRC) brings a contract dispute or other property rights dispute lawsuit, if the contract is signed or performed in People's Republic of China (PRC), it shall be under the jurisdiction of the people's court in the place where the contract is signed and the place where the contract is performed. Therefore, if an industrial contract signed by a citizen and a foreign company is valid in China, and a labor dispute arises due to the performance of the industrial contract, China's labor dispute arbitration institution also has territorial jurisdiction. According to the spirit of Paragraph 4 of Article 2 of the Regulations on Handling Labor Disputes in Enterprises, the labor dispute in the place where the industrial contract is performed can be arbitrated.