Provisions of Taiwan Province Province on the Administration of Employment of Hong Kong and Macao Residents in the Mainland

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with relevant laws and regulations in order to strengthen the administration of the employment of residents of Taiwan Province Province, Hong Kong and Macao (hereinafter referred to as Taiwan, Hong Kong and Macao personnel) in the mainland and employers in the mainland, and to protect the legitimate rights and interests of workers and employers. Article 2 The employment of personnel from Taiwan Province, Hong Kong and Macao in the Mainland as mentioned in these Provisions refers to the behavior that personnel from Taiwan Province, Hong Kong and Macao are legally employed by employers in the Mainland to engage in certain social labor and obtain labor remuneration or operating income. Article 3 These Provisions shall apply to all employers who apply for employing personnel from Taiwan, Hong Kong and Macao, including individual industrial and commercial households and personnel from Taiwan, Hong Kong and Macao who are employed in the Mainland. Article 4 These Provisions shall not apply to experts from Taiwan, Hong Kong and Macao employed by the State Administration of Foreign Experts Affairs, legal representatives of business organizations established in mainland China by Taiwan, Hong Kong and Macao, and legal person investors of foreign-invested enterprises established in mainland China. Article 5 Personnel from Taiwan, Hong Kong and Macao shall implement the employment permit system in the Mainland. People from Taiwan, Hong Kong and Macao who hold employment certificates can be employed in the mainland and are protected by law. Article 6 The labor departments of provinces, autonomous regions and municipalities directly under the Central Government and their authorized local and municipal labor departments shall be responsible for the management of the employment of Taiwan, Hong Kong and Macao personnel in the Mainland. Chapter II Employment Application and Examination and Approval Article 7 Mainland employers shall report to the labor department when recruiting personnel from Taiwan, Hong Kong and Macao; People from Taiwan, Hong Kong and Macao need to fill in the Application Form for Employment of Hong Kong and Macao Residents in Taiwan Province Province in the Mainland (see Annex I) and get approval from the labor department. Article 8 The employment of Taiwan, Hong Kong and Macao personnel in the Mainland shall meet the following conditions:

1. At least 18 years old, in good health and holding valid travel documents issued by mainland authorities.

2. Have the skills qualification certificate or corresponding academic certificate of the post and the practical work experience of this major. Article 9 An employer in the Mainland shall meet the following conditions when recruiting personnel from Taiwan, Hong Kong and Macao:

1. The positions that need to be employed in Taiwan, Hong Kong and Macao are those where employers have special needs and there is a temporary shortage of suitable candidates in the Mainland.

2. There is a certificate issued by the employment agency affiliated to the labor department, and the required personnel cannot be recruited within the jurisdiction, or the required personnel cannot be recruited under the guidance of the labor department for more than three weeks.

3. The employing unit does not violate the relevant provisions of the state by employing personnel from Taiwan, Hong Kong and Macao. Article 10 If the general manager and deputy general manager of a foreign-invested enterprise established in the Mainland are confirmed by contract as personnel from Taiwan, Hong Kong, Macao and Taiwan, the employment examination and approval procedures shall be exempted. Article 11 The employment certificates of Taiwan, Hong Kong and Macao personnel who are approved to work in the Mainland shall be issued by the labor departments of provinces, autonomous regions and municipalities directly under the Central Government and the authorized labor departments of prefectures and cities (see Annex II, hereinafter referred to as employment certificates). The employment permit shall be uniformly produced by the Ministry of Labor. Twelfth people from Taiwan, Hong Kong and Macao who are approved to work in the mainland shall apply to the local public security organ for temporary residence with their employment certificates. Chapter III Labor Management and Labor Supervision Article 13 Personnel from Taiwan, Hong Kong and Macao shall abide by the laws and regulations of the state when they are employed in the mainland. The labor department conducts labor management for employees and employers. Article 14 The employing unit and the employed employee shall sign a labor contract in accordance with the relevant provisions on labor contract management promulgated by the state. A labor contract shall clearly stipulate the rights and obligations of both parties, the term of the contract, the conditions for changing and terminating the labor contract, the liability for breach of contract and other matters that need to be clarified. Fifteenth in the process of performing the labor contract, labor disputes, according to the "Regulations on the handling of labor disputes in enterprises in People's Republic of China (PRC)". Article 16 The labor department shall implement the annual inspection system of employment certificates. The employing unit shall take the initiative to go through the annual inspection formalities with the labor department within one month after employing personnel from Taiwan, Hong Kong and Macao for one year. If it is not done within the time limit, the employment permit will automatically become invalid. Seventeenth Taiwan, Hong Kong and Macao personnel contract expires, the employer shall terminate the employment. If you need to continue employment, you must apply to the labor department one month before the expiration of the original contract to extend the employment of personnel from Taiwan, Hong Kong and Macao, and you can continue employment after approval. Eighteenth employees from Taiwan, Hong Kong and Macao dismissed by the employer, the employer shall promptly report to the labor department, and hand in the employment permit, and the employees from Taiwan, Hong Kong and Macao can terminate the contract by themselves. If the employment permit is lost or damaged, it shall immediately report to the original issuing authority and apply for a replacement. Article 19 The employing units of personnel from Taiwan, Hong Kong and Macao must be the same as those indicated in the employment certificate. The employment permit is valid only in the employment units approved within the jurisdiction. The change of employment units within the jurisdiction shall be approved by the original issuing authority, and the change procedures shall be handled. If you leave the original employment area, you must re-apply for employment declaration and approval procedures. Article 20 Mainland employment agencies and intermediary service agencies engaged in introducing people from Taiwan, Hong Kong and Macao to the mainland for employment must apply to the labor departments of provinces, autonomous regions and municipalities directly under the Central Government, and they can only do so after approval and authorization. Twenty-first employers and workers should take the initiative to accept the supervision of the labor inspection agencies on their implementation of relevant labor laws and regulations. Chapter IV Punishment Article 22 Personnel from Taiwan, Hong Kong and Macao who, in violation of Article 7 of these Provisions, take up employment without permission shall be ordered to stop employment and be fined 5- 10 times their average monthly salary. Specific standards shall be formulated by the labor departments of all provinces, autonomous regions and municipalities directly under the Central Government.