China Employment Law: Hiring Employees from Hong Kong, Macau and Taiwan

Generally speaking, residents of Hong Kong, Macau and Taiwan may be employed in China if they satisfy the following conditions:

1. They are between the ages of 18 and 60 (subject to a couple of exceptions noted below).
2. They are in good health.
3. They hold a valid mainland travel permit (issued by the PRC Ministry of Public Security).
4. For certain occupations, they must also possess a qualification certificate in accordance with any applicable rules.

As mentioned above, the age requirement may be relaxed if the individual is an investor who will directly participate in the business operation, or if the candidate is a technical person immediately needed in mainland, China.

The employer needs to apply to the local labor bureau for an employment permit (台港澳人员就业证), usually by submitting the following documents:

1. A copy of the employer’s business license
2. A health certificate (issued by the port hospital of the relevant entry and exit inspection and quarantine department)
3. A letter of intent or a labor contract with the employee (even though a letter of intent would usually suffice, we recommend you have a written employee agreement with the employee) or other document that can prove the employment relationship
4. Any applicable professional qualification certificate
5. The employee’s valid mainland travel permit

The labor bureau will usually make a determination within 10 working days after receipt of all necessary application materials.

Just make sure you do it the right way.

The post China Employment Law: Hiring Employees from Hong Kong, Macau and Taiwan appeared first on China Law Blog.

We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.