FAQs for Taiwan, Hong Kong, Macao residents working in Shanghai

Composed at May 9, 2010 - 1:53 am, filed in Policies & Regulations, from http://www.12333sh.gov.cn

After my arrival in Shanghai, the Exit-Entry Administration Bureau of Shanghai has issued me a multi-trip endorsement valid for more than one year. But I'm now working for a company. In this case, shall I apply for the Employment Permit?

Yes. The multi-trip endorsement valid for more than one year issued by the authorities only permits you to live in Shanghai temporally for one year. If a company intends to hire you during this period, it has to go through formalities for the Employment Permit and relative employment procedures. Thus your employment shall be legal in Shanghai and your legitimate rights will be protected.

I'm an individual businessman from Taiwan/ Hong Kong/ Macao, in this case, shall I apply for the Employment Permit? Can I hire other personnel from Taiwan/ Hong Kong/ Macao or foreigners?

According to the regulations, you should apply for the Employment Permit; you can hire personnel from Taiwan/ Hong Kong/ Macao and apply for the Employment License and Employment Permit for them. But you cannot hire foreigners to work for you.

I've purchased real estates in Shanghai (or got married with citizen from mainland China) and I have a multi-trip endorsement valid for more than one year in my Taiwan Compatriot Entry Permit. If there's a company intends to employ me, shall I apply for the Employment Permit?

If the authorities issued the endorsement for the reason of real-estate purchase or marriage instead of employment, your employer has to go through formalities for employment procedures if it intends to employ you. Otherwise it will be an illegal employment.

I've been working in a company in Shanghai, being a valid holder of Employment Permit. Now I have to quit my job for personal reasons, what should I do with my Employment Permit?

As a valid holder of Employment Permit, you should leave the Employment Permit to your current employer if you want to quit the job. Your current employer shall go through the formalities to cancel your Employment Permit.

I'm now working for a company who has applied the Employment Permit for me, which is still valid. If I quit this job and work for another employer, will the Employment Permit still remain valid?

No. According to relevant regulations, you can only work for the employer registered on the Employment Permit. The state of being employed by a second employer is illegitimate unless those employers are invested by a same investor. Therefore, the correct procedure of changing employer shall be as follows:
(1) you shall resign from your employer according to the terms mentioned in your labour contract, and get agreed by the employer;
(2) the new employer shall apply for the amendment of your Employment Permit and residence permit with relevant documents;
(3) then you can start working for the new employer.

I'm personnel from Taiwan/ Hong Kong/ Macao; I've been working for my current employer for a period. However, the factual payment or welfare is not as much as the commitment says. In this case, what shall I do to strive for my legitimate rights?

When employment occurs between you and a certain employer, it is recommended that both parties validate each other's rights and responsibilities in written form. In case of legitimate rights infringed, you may apply for an arbitration of labor disputes at labor arbitration committee, provided that you hold a valid Employment Permit registered under that employer's name. Other wise, labor arbitration committee is not able to accept your application for arbitration even your legitimate rights is infringed. That is to say, your legitimate rights will not be protected.