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Employment Transfer for Foreigners in China

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Employment Transfer for Foreigners in China

  1. Necessity and Legal Risks of Employment Transfer

    For foreign nationals changing jobs in China for the first time, extra caution must be exercised when going through the formalities related to job changes. In the process of employment transfer, it is essential to understand and comply with the relevant procedures and precautions in advance. The Foreigner's Work Permit is a mandatory document for foreigners to work legally in China. Foreign nationals who already hold this permit must complete the employment transfer formalities for the work permit in accordance with regulations if they need to change their employers. The core of this process is to update the employer information registered on the permit to that of the new employer. To continuously comply with the requirements of Chinese laws and regulations and effectively avoid legal risks arising from incomplete formalities or improper procedures, foreign nationals must complete the employment transfer procedure for the work permit simultaneously when changing employers.

  2. Procedures and Time Limit Requirements for Work Permit in Employment Transfer

    All foreign nationals who have obtained the Foreigner's Work Permit and plan to change their employers are required to complete the work permit transfer formalities in accordance with regulations. The process mainly consists of two steps: cancelling the existing work permit and modifying the residence permit. According to the Exit and Entry Administration Law of the People's Republic of China and relevant regulations, foreign nationals shall, in principle, complete the formalities for cancelling the work permit within 10 working days after resigning (some cities have certain flexibility in implementation, and it is recommended to refer to the latest local policies). Please ensure that the cancellation is completed in a timely manner and the application for the employment permit of the new employer is initiated promptly.

    The employment transfer formalities are mainly divided into the following two stages, with the specific required materials as follows:

    Cancelling the original work permit: Submit a preliminary review online through the Foreigners Working in China Management Service System. After passing the preliminary review, most cities have realized the full online processing; materials can be directly submitted online, and the Foreigner's Work Permit Cancellation Certificate can be downloaded upon approval without on-site processing. If on-site submission is indeed required, an appointment is generally not needed. You can go to the acceptance window with the following materials: Foreigner's Work Permit Cancellation Application Form, documents proving the termination of the employment relationship, labour contract termination agreement, or other certification materials related to the reasons for cancellation.

    Applying for a new work permit: The application for a new permit shall be submitted within 30 days after the cancellation of the original work permit, and the original work-type residence permit shall still be valid. The new position shall be basically consistent with the original position in nature, and a resignation certificate issued by the former employer shall be submitted. If the materials are complete and meet the legal conditions, the approval time limit for the new Foreigner's Work Permit is generally 10–15 working days.

  3. Procedures and Required Documents for Work-type Residence Permit in Employment Transfer

    When foreign employees change their employers, if their job position (occupation) remains unchanged and their work-type residence permit is still valid, they can go through the work permit transfer formalities in a more convenient way. The required documents are as follows:

    Documents to be provided with the cooperation of the former employer: Application for cancelling the original work permit and obtaining the Foreigner's Work Permit Cancellation Certificate and the foreign employee's resignation certificate.

    Basic materials provided by the new employer: Business license, legal representative's ID card, ID card of one Chinese handler, the company's landline number and email address, labour contract, etc.

    Basic materials provided by the foreign applicant: Valid passport and work residence permit, original work permit, one-inch white-background electronic photo, work experience certificate, highest academic degree certificate and certification materials, no-criminal-record certificate and certification materials, physical examination report for health status, etc.

    Requirements vary from city to city, and the handling process has been simplified in some cities—for example, no-criminal-record certificates, work experience certificates and highest academic degree certificates are not required. There are certain differences in the required documents for employment transfer among companies, representative offices, etc. All required documents must be accompanied by notarized Chinese translations.

  4. Special Reminders

    Foreign nationals employed in China must, in accordance with the law, re-apply for the modification formalities of the work permit and work-type residence permit when their employers change (including internal assignment between the head office and branch offices). This step cannot be omitted. It is recommended that before going through the employment transfer formalities, you consult the local exit and entry administration department or professional service agency in advance to learn about the latest policy provisions and handling procedures, so as to ensure that the materials are complete and the procedures are compliant, and avoid approval delays caused by insufficient preparation or unfamiliarity with the process.

Disclaimer

All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

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