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

2014-07-15 11:15:14

[Issued by] Ministry of Labour and Social Security (including the Ministry of Labour)
[Issued on] June 14, 2005
[Keywords] Provisions on the Administration of the Employment of Taiwan, Hong Kong and Macao Residents in the Mainland
[Effectiveness] Effective
[Remarks]
[Body]

Article 1 The Provisions is formulated according to the Labour Law of the People’s Republic of China, and the applicable laws and administrative regulations, to protect the legal employment rights and interests of the Chinese residents from Taiwan, Hong Kong and Macao (hereinafter referred to as Taiwan, Hong Kong and Macao residents) obtaining employment in the mainland, enhance the management over the employment of Taiwan, Hong Kong and Macao residents by the mainland employers.

Article 2 The Provisions is applicable for the Taiwan, Hong Kong and Macao residents obtaining employment in the mainland and the mainland public institutions, and enterprises, individually or privately-owned businesses, and other legally registered organizations employing or receiving assigned Taiwan, Hong Kong and Macao residents (hereinafter referred to as the Employers). 
    Any otherwise provisions for the management over the employment of the experts from Taiwan, Hong Kong and Macao in the mainland by the state shall prevail over the Provisions. 

Article 3  The Taiwan, Hong Kong and Macao residents obtaining employment in the mainland herein refer to the following persons:
    (i)  The persons establishing a labor-employer relationship with their Employers;
    (ii) The self-employed persons from Hong Kong and Macao in the mainland;
    (iii) The persons that have established a labor-employer relationship with their Employers in beyond China or in Taiwan, Hong Kong and Macao, are assigned to the mainland by these Employers, and work totally for over 3 months in one employer within one year in the mainland (January 1 to December 31 of the calendar year).

Article 4 The employment of Taiwan, Hong Kong and Macao residents in the mainland shall be subjected to the employment permit system. The Employers intending to employ or receive the assigned Taiwan, Hong Kong and Macao residents shall apply for the Employment Permit for Taiwan, Hong Kong and Macao Residents (hereinafter referred to as the Employment Permit)on behalf of the residents. Hong Kong and Macao residents performing individual businesses in the mainland shall apply for their employment permits on their own. The permitted Taiwan, Hong Kong and Macao residents with an employment permit are protected by the applicable law when they obtain employment in the mainland.  
    The Employers shall implement the registration system for employing or receiving the assigned Taiwan, Hong Kong and Macao residents.
    All employment permits shall be printed and made  by the Ministry of Labour and Social Security.

Article 5 The Employers shall observe the applicable laws and regulations of China when employing or receiving the assigned Taiwan, Hong Kong and Macao residents.

Article 6 The Employers intending to employ or receive the assigned Taiwan, Hong Kong and Macao residents shall meet the following requirements:
    (i) 18-60 full years old (The investors participating in operation directly and the professional technicians urgently required by the mainland may be over 60 full years old);
    (ii) good health;
    (iii)A valid travel certificate (including the Travel Pass for Taiwan Residents to Enter or Leave the Mainland, Travel Pass for Hong Kong and Macao Residents to Enter or Leave the Mainland signed by the competent authority in the mainland, and other valid certificates).
    (iv)The persons working on the occupations (technological trades) specified by China shall hold the qualification certificate specified by the applicable regulations of China; 
    (v) Other requirements specified by the applicable laws and regulations.

Article 7  When applying for employment permits for Taiwan, Hong Kong and Macao residents to obtain employment in the mainland, the Employers shall submit the

    Application Form for Employment of Taiwan, Hong Kong and Macao Residents and the following valid documents to the local prefectural (municipal) labor and social security administration:
    (i) The business license and registration certificate of the Employers; 
    (ii)The individual valid travel certificates of the persons to be employed or received;
    (iii)The health certificates of the persons to be employed or received;
    (iv) Employment intention or post certificate;
    (v) The associated professional qualification certificates of the persons to be employed shall be submitted if the persons to be employed work on the occupations (technological trades)specified by China;
    (vi) The other documents as specified by the applicable laws and regulations.
 
Article 8 The labor and social security administration shall make a decision on whether to approve the employment permit or not within 10 days after receiving the Application Form for Employment of Taiwan, Hong Kong and Macao Residents and related documents from the Employers. The application of the persons meeting the requirements of Article 6 herein shall be approved and the employment permit shall be issued, while the application of those that do not meet the requirements of Article 6 herein shall be refused, with a written notice and refuse reasons sent to the Employers. 

Article 9 The Employers shall carry the employment permit to the labor and social security administration issuing the employment permit to go through the register the employment of the Taiwan, Hong Kong and Macao resident.

Article 10 The residents from Hong Kong and Macao performing individual businesses in the mainland shall carry their individual business licenses, health certificates and valid individual travel certificates to the local prefectural (municipal) labor and social security administration for applying for employment permit. The labor and social security administration shall approve or refuse the application within 5 workdays since receiving the submittals from the residents from Hong Kong and Macao.

Article 11 The Employers shall conclude a labor contract with their employed Taiwan, Hong Kong and Macao residents, and shall pay for social insurances for these employed persons as per the Interim Provisions for Collection and Payment of Social Insurance. 

Article 12 If the Employers cancel or terminate the labor contract by and between them and their employed Taiwan, Hong Kong and Macao residents, or the labor contracts of assigned Taiwan, Hong Kong and Macao residents expire, the Employers shall go to the original certificate-issuing authority to go through the employment permit cancellation procedures within 10 days since the expiration, termination or cancellation of the labor contracts of assigned Taiwan, Hong Kong and Macao residents.
    If the Hong Kong and Macao residents performing individual businesses in the mainland go out of business or stop business, they shall go to the labor and social security administration to cancel the employment permit within 30 days since the go-out-of-business day or stopping day.

Article 13 In case of employment permit loss or damage, the Employer shall apply to the labor and social security administration issuing the employment permit for replacing the employment permit on behalf of the Taiwan, Hong Kong and/or Macao resident. 

Article 14 The employer of any Taiwan, Hong Kong and Macao residents shall be consistent with the employer shown by the employment permit. In case of employer change, the new employer shall go to the local prefectural (municipal) labor and social security administration to apply for a new employment permit for the Taiwan, Hong Kong and/or Macao resident.

Article 15 The disputes between the Employers and the employed Taiwan, Hong Kong and Macao residents shall be settled as per the regulations of labor-employer disputes of China.

Article 16 The employer employing or receiving assigned Taiwan, Hong Kong and Macao residents without applying for and acquiring employment permits for them or going through the registration procedures shall be ordered to correct its fault by the labor and social security administration and shall be imposed a penalty of RMB 1000 yuan.

Article 17  If the Employers terminate or cancel the labor contract law by and between their Taiwan, Hong Kong and Macao employers without going through the employment permit cancellation procedures, or the labor contract of any Taiwan, Hong Kong and Macao employer expires but the Employer does not go through the employment permit cancellation procedures, the labor and social security administration shall order such employers to correct the fault and such employers shall be imposed with a penalty of RMB 1, 000 yuan.

Article 18 The Employers forging, modifying, illegally using, transferring, buying and selling employment permit and the Permit shall be ordered to take corrective actions by the labor and social security administration and shall be imposed with a penalty of RMB 1,000 yuan, and must not employ any person from Taiwan, Hong Kong or Macao.

Article 19 The Provisions shall be implemented on Oct. 1, 2005. Upon the implementation, the Rules for Management over Employment of Taiwan, Hong Kong and Macao Residents in the Mainland issued by the Ministry of Labour on February 21, 1994 shall be cancelled.