Job Recruitment Website - Recruitment portal - If foreigners want to work in Starbucks, can they? Can speak English, Chinese, Cantonese and Minnan dialect.
If foreigners want to work in Starbucks, can they? Can speak English, Chinese, Cantonese and Minnan dialect.
Personally, I think it depends on whether the visa type of foreign children's shoes can legally work in China. Unless it is illegal, it is almost impossible for an international fast-moving chain enterprise like Starbucks to provide illegal jobs.
Attached are the Regulations on the Employment Management of Foreigners in China for your reference:
Provisions on the Administration of Employment of Foreigners in China
(10/996 issued by the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation)
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the provisions of relevant laws and regulations in order to strengthen the administration of foreigners' employment in China.
Article 2 The term "foreigner" as mentioned in these Provisions refers to a person who does not have China nationality according to the Nationality Law of the People's Republic of China. The employment of foreigners in China as mentioned in these Provisions refers to the behavior of foreigners who have not obtained the right to settle in China to engage in social labor and get remuneration according to law.
Article 3 These Provisions shall apply to foreigners employed in China and employers employing foreigners. These Provisions shall not apply to persons who enjoy diplomatic privileges and immunities in foreign embassies, consulates, United Nations representative offices in China and other international organizations.
Article 4 The labor administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the municipal labor administrative departments authorized by them shall be responsible for the administration of foreigners' employment in China.
Chapter II Employment Permit
Article 5 The employing unit must apply for an employment certificate for foreigners and obtain the Employment Certificate for People and Foreigners in China (hereinafter referred to as the Employment Certificate) before employing the foreigner.
Article 6 The position of employing foreigners by the employing unit shall be a special need position for the temporary lack of suitable candidates in China, and it shall not violate the relevant provisions of the state. The employing unit shall not employ foreigners to engage in commercial cultural performances, except those that meet the requirements of Item (3) of Article 9 of these Provisions.
Article 7 Foreigners who want to work in China must meet the following conditions:
(a) at least 18 years old and in good health;
(2) Having the professional skills and corresponding work experience necessary for engaging in their work;
(3) No criminal record;
(4) Having a definite employer;
(5) Holding a valid passport or other international travel documents that can replace passports (hereinafter referred to as documents that can replace passports).
Article 8 Foreigners employed in China shall enter the country with a professional visa (if there is a visa-free agreement, it shall be handled according to the agreement), and after entering the country, they shall obtain the Employment Certificate for Foreigners (hereinafter referred to as the Employment Certificate) and the Residence Certificate for Foreigners before they can be employed in China.
Foreigners who have not obtained residence certificates (that is, those who hold F, L, C and G visas), foreigners who study and practice in China, and accompanying family members of foreigners who hold professional visas are not allowed to work in China. Under special circumstances, the employer shall apply for the license certificate according to the examination and approval procedures specified in these Provisions. A foreigner who has been hired can change his identity with a permit to the public security organ and apply for an employment permit and residence permit before he can be hired. Spouses of foreign embassies and consulates in China personnel and personnel of representative offices of the United Nations system and other international organizations in China are employed in China in accordance with the Provisions of the Ministry of Foreign Affairs of People's Republic of China (PRC) on Spouses of Foreign embassies and consulates in China Personnel and Personnel of Representative Offices of United Nations System Organizations in China, and relevant formalities shall be handled according to the examination and approval procedures specified in the second paragraph of this article.
Permits and employment permits are uniformly produced by the Ministry of Labor.
Article 9 Foreigners who meet one of the following conditions may be exempted from obtaining employment certificates and employment certificates:
(1) Foreign professional technicians and managers directly funded by the China government, or funded by state organs and institutions, have senior technical titles or special skills qualification certificates confirmed by authoritative technical management departments or industry associations at home and abroad, and hold the Foreign Expert Certificate issued by the Bureau of Foreign Experts Affairs;
(2) Foreign workers with special skills who have not landed in offshore oil operations and hold the Permit for Offshore Oil Operations for Foreigners in People's Republic of China (PRC); (3) Foreigners who have been approved by the Ministry of Culture to perform commercial cultural performances with a temporary business performance license.
Article 10 A foreigner who meets one of the following conditions may apply for an employment permit directly upon entry with a professional visa and relevant certificates without obtaining a permit:
(1) Foreigners employed in China according to agreements and agreements signed between China and foreign governments and international organizations;
(2) Chief representatives and representatives of permanent representative offices of foreign enterprises in China.
Chapter III Application and Approval
Article 11 When employing foreigners, the employing unit shall fill in the Application Form for Employment of Foreigners (hereinafter referred to as the Application Form), submit an application to the competent department of industry at the same level as the competent department of labor administration (hereinafter referred to as the competent department of industry), and provide the following valid certificates:
(1) Resume certificate of the foreigner to be employed;
(2) letter of intent for employment;
(3) A report on the reasons for the proposed employment of foreigners;
(four) the qualification certificate of the foreigner to be employed in this job;
(5) The health certificate of the foreigner to be employed;
(6) Other documents as prescribed by laws and regulations.
The competent department of industry shall conduct examination and approval in accordance with the provisions of Article 6 and Article 7 of these Provisions and relevant laws and regulations.
Article 12 After being approved by the competent department of industry, the employing unit shall go through the examination and approval procedures with the application form to the labor administrative department of the province, autonomous region or municipality directly under the Central Government or its authorized municipal labor administrative department. The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government or authorized municipal labor administrative departments shall designate specialized agencies (hereinafter referred to as the issuing authorities) to be specifically responsible for issuing licenses. The issuing authority shall examine and approve according to the opinions of the competent authorities of the industry and the needs of the labor market, and issue a license to the employer after examination and approval.
Thirteenth central-level employers and employers without industry departments can directly apply to the license issuing agencies of the labor administrative department to handle the employment permit procedures.
Foreign-invested enterprises that employ foreigners may, without the approval of the competent department of industry, directly apply for a license from the license-issuing organ of the labor administrative department on the basis of the contract, articles of association, approval certificate, business license and the documents specified in Article 11 of these Provisions.
Article 14 An employer who is allowed to employ foreigners must issue a letter of notification and a license from the authorized unit, and may not directly issue a license to the foreigner to be employed.
Article 15 Foreigners who are allowed to come to China for employment shall apply for professional visas to China embassies, consulates and offices abroad on the strength of the license issued by the Ministry of Labor, the letters and telegrams of the authorized units and their valid passports or certificates that can replace passports.
Anyone who meets the provisions of the first paragraph of Article 9 of these Provisions shall apply for a professional visa by the notification letter of the authorized unit; In accordance with the provisions of the second paragraph of Article 9, apply for a professional visa with the notification letter issued by China Offshore Oil Corporation; Anyone who meets the provisions of the third paragraph of Article 9 shall apply for a professional visa with the notification letter from the Foreign Affairs Office of the people's government of the relevant province, autonomous region or municipality directly under the Central Government and the approval document of the Ministry of Culture (sent to the relevant foreign embassies and consulates and offices).
Anyone who meets the provisions of the first paragraph of Article 10 of these Provisions shall apply for a professional visa by virtue of the notification letter of the authorized unit and the cooperation and exchange project; Anyone who meets the provisions of the second paragraph of Article 10 shall apply for a professional visa with the notification letter of the authorized unit and the registration certificate of the administrative department for industry and commerce.
Article 16 The employing unit shall, within 15 days after the hired foreigner enters the country, apply to the original issuing authority for a foreigner's employment certificate with the license certificate, the labor contract signed with the hired foreigner and its valid passport or a certificate that can replace the passport, and fill in the Registration Form for Foreigners' Employment.
The employment permit is valid only in the area designated by the issuing authority.
Article 17 A foreigner who has obtained an employment permit shall apply to the public security organ for a residence permit with the employment permit within 30 days after entering the country. The validity period of the residence certificate can be determined according to the validity period of the employment certificate.
Chapter IV Labor Management
Article 18 An employing unit and an employed foreigner shall conclude a labor contract according to law. The longest term of a labor contract shall not exceed five years. The labor contract shall be terminated upon expiration, but the labor contract may be renewed after the examination and approval procedures are performed in accordance with Article 19 of these Provisions.
Article 19 Upon the expiration of the labor contract signed by an employed foreigner and the employing unit, his employment permit shall become invalid. If it is necessary to renew the contract, the employer shall apply to the labor administrative department for extending the employment time within 30 days before the expiration of the original contract, and go through the formalities for extending the employment permit after approval.
Article 20 After the extension of employment period in China or the change of employment area and unit is approved, foreigners shall go through the formalities of extension or change of residence certificate at the local public security organ within 10 days.
Article 21 After the employed foreigner terminates the labor contract with the employing unit, the employing unit shall promptly report to the labor and public security department, return the foreigner's employment certificate and residence certificate, and go through exit formalities with the public security organ.
Article 22 The wages paid by the employing unit to employed foreigners shall not be lower than the local minimum wage.
Article 23 The working hours, rest and vacation, labor safety and health and social insurance of foreigners employed in China shall be implemented in accordance with relevant state regulations.
Article 24 The employing units of foreigners employed in China must be the same as those indicated in the employment certificate.
If a foreigner changes the employing unit within the area specified by the issuing authority but still engages in the original occupation, it must be approved by the original issuing authority and go through the formalities for changing the employment permit.
Foreigners who leave the area specified by the issuing authority for employment or change their employers and engage in different occupations in the original area must go through the employment permit formalities again.
Twenty-fifth foreigners who have been disqualified by the public security organs for violating the laws of China, the employer shall terminate the labor contract, and the labor department shall revoke the employment permit.
Twenty-sixth labor disputes between the employer and the employed foreigners shall be handled in accordance with the Labor Law of People's Republic of China (PRC) and the Regulations on the Handling of Labor Disputes in Enterprises of People's Republic of China (PRC).
Twenty-seventh labor administrative departments to implement the annual inspection of employment permits. The employing unit shall, within 30 days before the expiration of each year when foreigners are employed, go through the annual inspection procedures at the issuing authority of the labor administrative department. If it is not done within the time limit, the employment permit will automatically become invalid.
When foreigners are employed in China, if their employment permits are lost or damaged, they should immediately report the loss to the original issuing authority, and have them reissued or renewed.
Chapter V Punishment Rules
Article 28. Employers who employ foreigners who have not applied for employment permits and those who have not applied for permits in violation of these regulations shall be dealt with by the public security organs according to Article 44 of the Implementation Rules of the Law of People's Republic of China (PRC) on the Entry and Exit of Foreigners. Twenty-ninth foreigners who refuse to check their employment certificates by the labor administrative department, change their employers, change their jobs or extend their employment period without authorization, shall be revoked by the labor administrative department and requested the public security organ to cancel their residence qualification. If the institution needs to be repatriated, the repatriation expenses shall be borne by the employer or foreigners.
Article 30 For foreigners and employers who forge, alter, falsely use, transfer or buy or sell employment certificates, the labor administrative department shall confiscate their employment certificates and employment certificates, confiscate their illegal income and impose a fine of 654.38 million yuan to 654.38 million yuan. If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs for criminal responsibility according to law.
Thirty-first, the staff of the issuing authority or the relevant departments abuse their powers, illegally collect fees, engage in malpractices for selfish ends, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions.
Chapter VI Supplementary Provisions
Thirty-second China Taiwan Province Province and Hong Kong and Macao residents in the mainland employment in accordance with the "Regulations" of Taiwan Province Province and Hong Kong and Macao residents in the mainland employment management.
Article 33 These Provisions shall not apply to the employment of foreigners in Taiwan Province Province of China and Hongkong and Macao.
Article 34 Individual economic organizations and individual citizens are prohibited from employing foreigners.
Article 35 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government may, jointly with the public security departments, formulate detailed rules for the implementation of their respective regions in accordance with these Provisions and report them to the Ministry of Labor, the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Foreign Trade and Economic Cooperation for the record.
Article 36 The Ministry of Labor shall be responsible for the interpretation of these Provisions.
Article 37 These Provisions shall come into force as of May 2006 1996. The former Ministry of Labor and Personnel, the Ministry of Public Security 1987 10, and the "Several Provisions on the Employment of Foreigners without Residence Certificates and Foreigners Studying in China" issued on 5 October shall be abolished at the same time.
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