What are the requirements for going abroad for labor services?

It depends on which country it is, and the situation in each country is different.

Description of labor service abroad:

1. How to choose an expatriate company?

First of all, we should know whether the recruiting company has the qualification of overseas labor service operation approved by the Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as "MOFTEC"). All companies approved by MOFTEC are collectively referred to as operating companies. In order to avoid being deceived, you can learn by the following ways:

(1) Ask the foreign trade and economic cooperation department (bureau) of the local government for handling (telephone can be inquired from the local 1 14);

(2) Inquire with the complaint agency of labor dispatch in china international contractors association (tel: 0 10-84242447, 84242557);

In addition, some units, departments or enterprises are entrusted by operating companies to recruit overseas laborers, so you should know clearly about the operating companies entrusted by them.

Second, what do I need to know before signing up?

Before registration, we should focus on the following:

(1) Names of countries and regions, operating companies and foreign employers;

(2), what to do, working period, whether there is a probation period, working days per month or week, working hours per day;

(3) Remuneration: including monthly basic salary, overtime and holiday overtime, salary and overtime payment method. Generally speaking, foreign employers will pay you directly, or transfer money to you through the operating company, or deposit it in your bank account.

At the same time, the operating company may be required to produce the qualification certificate for foreign economic cooperation and a copy of the contract signed with the employer. If the agency entrusted by the operating company recruits people, you can ask them to provide the power of attorney of the operating company and a copy of the qualification certificate for foreign economic cooperation issued by the Ministry of Foreign Trade and Economic Cooperation, as well as a copy of the contract signed between the operating company and the employing unit.

3. What expenses should I pay before going abroad?

Before going abroad, the expenses that need to be borne by yourself and will not be refunded are:

(1) Physical examination fee: Physical examination can be conducted by hospitals at or above the county level or organized by operating companies. The expenses shall be paid according to the actual charges of the hospital, and a receipt shall be kept;

(2) Training fee: Generally, according to the training time, it is between RMB/KLOC-0 in 600 yuan and RMB/50 yuan (including the teaching material fee and the certificate fee for overseas labor training). Training fees can be paid directly to the training center or to the operating company. The training is organized by an overseas labor training center recognized by the operating company and qualified by the state. The training time is at least 48 hours.

(3) Passport and visa fees: paid as required;

(4) Airport construction fee: paid according to national regulations;

(5) Vaccination fee: actually collected and paid by the epidemic prevention department;

(6) The notarization fee for the contract signed between you and the dispatching company shall be paid according to the receipt amount.

Fourth, why should I attend the training?

Training will help you learn more about relevant countries, understand your basic rights and obligations to work abroad, help you adapt to work abroad more quickly and improve your work skills. This is your right. You can't be sent to work abroad without a training certificate for expatriate laborers.

5. What problems should be paid attention to when signing contracts with operating companies and employers? The contract signed with the operating company is called an overseas labor service contract, and the contract signed with a foreign employer is called an employment contract. The contents of these two contracts must be basically the same as those of the foreign labor cooperation contract signed by the operating company and foreign employers. Special attention should be paid not to sign an overseas labor service contract with an intermediary agency that does not provide a copy of the power of attorney of the operating company and a copy of the contract signed between the operating company and a foreign employer.

When signing a contract, we should pay special attention to the following contents in the contract: work place, professional type of work, working conditions, working hours, rest and vacation, labor remuneration, transportation and living conditions, responsibilities for violating the labor contract, conditions for changing and dissolving the labor contract, labor protection conditions for female employees and special types of work, disputes and dispute handling, and treatment of work-related injuries.

After going abroad, in addition to paying your salary (which shall not be lower than the minimum standard stipulated by China's overseas labor service coordination agency, namely China Foreign Engineering Contracting Association) and overtime pay, foreign employers generally have to bear the following expenses: meals, accommodation, gas and utilities, commuting expenses, income tax, medical insurance (in some countries, such as Japan, dental diseases are not in medical insurance coverage), personal injury insurance, air tickets for going abroad, labor protection supplies and deposits paid by employers to the local government. It should be reminded that every contract signed should be kept well. Once a dispute occurs, it will be an important legal basis for safeguarding their legitimate rights and interests.

6. Why should I pay the performance bond and service fee?

According to the regulations of the state, there are also some clauses for paying performance bond and service fee in the Overseas Labor Service Contract or other forms of agreement signed with the operating company.

The performance bond must be the overseas work bond agreed in the overseas labor service contract and the employment contract. The performance bond will be directly handed over by you to the operating company that sent you abroad, and the operating company will give you a receipt. After you return to China after fulfilling the labor service contract, the operating company will return the principal and interest of the performance bond (calculated according to the interest of current deposit during your labor service abroad) to you in full with the receipt you submitted. If you don't fulfill your obligations according to the contract, you have no right to ask for a refund of the deposit. The service fee is the cost incurred by the operating company and your unit to provide organizational management services for your overseas labor services.

7. What is the payment standard of performance bond and service fee?

According to the national regulations, the performance bond can't exceed 20% of the total contract salary (excluding overtime pay, the same below) obtained during your working abroad.

To maintain a labor contract relationship with a domestic work unit, the service fee shall not exceed 25% of the total contract salary obtained during working abroad;

If you don't have a work unit or are divorced from the original unit during the dispatch period, the service fee can't exceed 12.5% of the total contract salary you get during your work abroad. You should carefully calculate the specific payment according to the contract.

Please note that you must ask for a receipt and keep it as the basis for asking for a refund in the future.

8. Do I still have to pay the agency fee?

If it is an agency fee, it should be paid by the operating company.

9. What are the procedures for going abroad? How to deal with it?

Going abroad procedures include domestic procedures and foreign procedures.

Domestic procedures mainly include passports, visas, exit certificates and training certificates. In some countries and regions, vaccination is needed to avoid infectious diseases. Some countries must notarize their personal data before granting entry. These procedures are generally handled by the operating company.

The materials you need to provide for these procedures mainly include: household registration book, ID card, education certificate, photos and so on.

Foreign procedures, including entry permit, work permit, etc. It is the responsibility of foreign employers.

You can go abroad to work after completing the above procedures. If you can't send you out because of the operating company or foreign employer, the operating company will refund your performance bond and service fee. If it is due to your personal reasons or force majeure, the handling fee for going abroad will not be refunded.

X. What problems should I pay attention to when working abroad?

When working abroad, we must strictly fulfill the contract, abide by local laws and regulations, and respect the living habits of local people. Don't work for other employers at the same time, don't go to gambling places or pornographic places, and don't leave your job without authorization. It is illegal to leave your original job and work in other places, which is called "illegal work" or "freelancing" abroad.

You must return to China after the contract expires. If your employer closes down or goes bankrupt and the contract is terminated while you are working abroad, you must return to China. After returning home, you can ask for a proportional refund of the performance bond and management fee, and your other losses will be recovered according to the contract.

XI。 What should I do if I have difficulties working outside?

Working abroad will inevitably lead to some problems. For example, the employer does not provide living facilities according to the contract, does not pay wages and overtime pay, and even is bullied and scolded; There may also be emergencies such as casualties, natural disasters or wars. When the above situation occurs, you can protect your rights and interests by the following methods.

(a), you have a conflict with the employer, you can negotiate with the employer according to the "employment contract" signed with the employer, you can also reflect to the local authorities; Or reflect to the operating company and its local representatives, negotiate with the employer according to the foreign labor cooperation contract signed with the employer, or participate in the negotiation to solve the problem.

(2) If there are problems and disputes between you and the operating company, they should be settled through negotiation according to the labor service contract signed by both parties, or through legal procedures according to domestic laws, regulations and policies.

(3) For major problems that cannot be solved by itself or the operating company, you can reflect the problems to Chinese embassies (consulates) or representative offices abroad and seek help or consultation.

(4) In case of natural disasters, wars and other emergencies, the operating company and the embassy will take the initiative to help you and do their best to ensure your life safety.