Can China Labor Law recruit Vietnamese workers?

Need to comply with relevant regulations.

Legal provisions on employment of foreigners in China

1. In foreign-related employment, foreigners who work in China must obtain additional certificates.

1. Foreigners, stateless persons and Hong Kong, Macao and Taiwan residents must obtain three certificates to become qualified workers.

1 Article 8, paragraph 1 of the Regulations on Employment of Foreigners in China, which came into effect on May196, stipulates that foreigners who are employed in China should enter the country with a professional visa, and after entering the country, they can obtain the Alien Employment Permit and Alien Residence Permit before they can work in China. It can be seen that foreigners who are employed in China must hold three certificates, namely, a professional visa, a foreigner employment permit and a foreigner residence permit.

Article 4 of the Regulations of Taiwan Province Province on the Employment of Hong Kong and Macao Residents in the Mainland, which came into effect on June 65438+1 October1day, 2005, stipulates that "employees from Taiwan, Hong Kong and Macao shall implement an employment permit system for employment in the mainland. The employer intends to hire or accept personnel dispatched from Taiwan, Hong Kong and Macao, and shall apply for the Employment Certificate for Personnel from Taiwan, Hong Kong and Macao (hereinafter referred to as the Employment Certificate); Hong Kong and Macao personnel engaged in individual industrial and commercial operations in the Mainland shall apply for employment permits on their own. The employment of Taiwan, Hong Kong and Macao personnel who have obtained employment permits in the mainland is protected by law. The employing unit shall employ or accept personnel dispatched by Taiwan, Hong Kong and Macao, and implement the filing system. The employment permit is uniformly printed by the Ministry of Labor and Social Security ".

It can be seen that people from Taiwan, Hong Kong and Macao apply for employment permits in the mainland. Therefore, if an employer hires or receives personnel from Taiwan, Hong Kong and Macao to work in the mainland, the personnel shall hold an employment permit. Moreover, according to this regulation, it is the legal obligation of the employer to apply for employment permits for foreigners employed in China.

2. If you don't have an employment certificate, but you hold a foreign expert certificate and a foreign expert's work permit in China, it can be considered as a labor relationship.

14 Paragraph 2 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (IV), which came into effect in February/March, stipulates that "foreigners who hold foreign expert certificates and obtain permission for foreign experts to work in China may establish employment relations with employers in China".

2. The adjustment of the labor law is not applicable to foreigners who have not obtained employment certificates in China, and the request for confirmation of labor relations is not supported.

1, the labor contract law stipulates that "this law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations in People's Republic of China (PRC) to establish labor relations with laborers and conclude, perform, modify, dissolve or terminate labor contracts.

According to this provision, the conditions for inclusion in the scope of adjustment of China's labor law are as follows

(1) The employing units must be enterprises, individual economic organizations, private non-enterprise units and other organizations in China.

(2) The employed party must be a worker. According to Chinese laws, all citizens in China have the right to work. Therefore, as foreigners, stateless persons, Hong Kong, Macao and Taiwan residents, they must meet the employment conditions stipulated by Chinese laws in order to become laborers in the legal sense of our country.

2. Paragraph 1 4 of the Interpretation of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, which came into effect on February 1 2065, "Foreigners and stateless persons signed labor contracts with domestic employers without obtaining employment certificates according to law, and residents of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province signed labor contracts with mainland employers without obtaining employment certificates according to law.

Three, the legal work of "foreign employees" is also applicable to the labor contract law.

Laws and regulations regulating the employment of foreigners in China mainly include the Law on the Administration of Entry and Exit of Foreigners and its implementing rules, and the Regulations on the Administration of Employment of Foreigners in China. These regulations focus on employment qualifications and procedures. However, the labor law and the labor contract law do not involve the employment of foreigners.

The former Shanghai Labor Bureau 1998 issued the Notice on Several Opinions on Implementing the Employment Regulations for Foreigners in China. Article 16 "On the employment period and post between the employer and the foreigners who are allowed to be employed. . . Rights and obligations through labor contracts. " Therefore, many enterprises and foreigners have labor disputes, mainly in accordance with the provisions of the labor contract.

But if it doesn't involve labor contracts, do labor laws and regulations apply to foreigners' rights protection?

Article 26 of the Regulations on Employment of Foreigners in China stipulates that "labor disputes between employers and employed foreigners shall be handled in accordance with the Labor Law and the Regulations on Handling Labor Disputes in Enterprises". It can be seen that foreigners who are legally employed in China enjoy other rights stipulated in the Labor Law, in addition to the basically guaranteed labor rights agreed by both parties.

The settlement of disputes over foreigners' legitimate employment shall be governed by labor laws and regulations, except as agreed by both parties. For example, foreigners are legally employed, and labor contracts do not involve economic compensation. However, when the contract expires, foreign workers can still automatically terminate the contract according to legal employment and labor contract requirements.

4. In judicial practice, in cases where the employment of foreigners is not standardized and the existence of labor relations is not confirmed, some people think that labor relations are invalid and should bear the losses of invalid labor contracts according to the faults of both parties; Some people think that the law does not clearly stipulate that this situation violates laws and regulations and is not an invalid contract. The law does not clearly stipulate that it is an invalid contract and can be considered as the existence of labor relations. Creditor's rights such as labor remuneration can be handled with reference to the agreement of both parties.