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The first Guide to Prevention and Control of Sexual Harassment

Foreign Investment in Entertainment Venues Allowed Now

From time to time, we get inquiries regarding how foreigners can work in China legally? Some of the questions that we get asked are:

A) Can foreign students take an internship in China?

B) Can foreigners work part-time in China?

 

A ) Can foreign students take an internship in China?

Article 30 of The Administrative Measures for the Enrollment and Cultivation of International Students by Schools provides: International students may participate in work-study programs during the period of study in higher education institutions, but shall not be employed, engage in business or other for-profit activities. Therefore, companies cannot just hire foreign students studying in China as full-time or part-time employees. Companies may however provide internships for foreign students as per proper procedure.

There are certain requirements which need to be met before foreigners can legally partake in an internship. Article 22 of TheAdministrative Regulations of the Peoples Republic of China on the Entry and Exit of Foreigners:Where a foreigner who holds a study residence permit needs to undertake off-campus work-study or internship, he/she shall, upon obtaining consent of his/her school, apply to the Entry and Exit Administration Agency of the Public Security Authorities for the inclusion of remarks on the venue and period etc. of work-study or internship on his/her residence permit.

Where the study resident permit of the foreigner does not state the information stipulated in the preceding paragraph, he/she shall not undertake any part-time job or internship.

 

After reviewing some universities rules on part-time jobs or internships for foreign students, we found that most of these provisions are similar. The conditions for applying for a part-time job or internship:

(1) At least 18 years old;

(2) Undergraduate students and postgraduate students must be officially registered in the school and have obtained their academic status;

(3) The examination results of each compulsory course and elective course must meet the pass-mark requirements;

(4) No violation of school discipline and Chinese laws and regulations during the study;

(5) The student is enrolled in the insurance plan for international students;

(6) The procedures for the confirmation of the Medical Examination Records of Foreigners have been carried.

 

At the same time, there are also provisions on the time and scope of the part-time job:

(1) During the semester, the weekly working hours shall be no more than 6 hours;

(2) During the winter and summer holidays, the weekly work-study time shall be no more than 12 hours;

(3) Participating in the production of radio, film and television programs and participating in commercial performances in commercial entertainment venues shall not be treated as a part-time job.

(5) The part time job shall, in principle, be relevant to the applicants major.

 

B ) Can a foreigner do a part-time job in China?

Article 23 of Administrative Provisions on Employment of Foreigners in China provides: The employer in China shall be consistent with the employer stated on the employment pass. Where the foreigner is seeking employment outside the region stipulated by the permit-issuing department, or there is a change in employer within the originally stipulated region but the foreigner is seeking employment for a different occupation, the employment permit formalities shall be completed again.

The general interpretation of this provision is that foreigners may only work for the company indicated in their work permit, which in fact limits the possibility of foreigners working in China doing a part-time for any other company.

However, in recent years, with the implementation of China's policy of attracting foreign scientific and technological talents, some cities, such as in Shanghai, have stipulated that eligible foreign scientific and technical personnel can work part-time in connection with their full-time jobs after going through certain formalities.


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Part-time Jobs & Internships for Foreigners

You may also feel interested in:

The first Guide to Prevention and Control of Sexual Harassment

Foreign Investment in Entertainment Venues Allowed Now

From time to time, we get inquiries regarding how foreigners can work in China legally? Some of the questions that we get asked are:

A) Can foreign students take an internship in China?

B) Can foreigners work part-time in China?

 

A ) Can foreign students take an internship in China?

Article 30 of The Administrative Measures for the Enrollment and Cultivation of International Students by Schools provides: International students may participate in work-study programs during the period of study in higher education institutions, but shall not be employed, engage in business or other for-profit activities. Therefore, companies cannot just hire foreign students studying in China as full-time or part-time employees. Companies may however provide internships for foreign students as per proper procedure.

There are certain requirements which need to be met before foreigners can legally partake in an internship. Article 22 of TheAdministrative Regulations of the Peoples Republic of China on the Entry and Exit of Foreigners:Where a foreigner who holds a study residence permit needs to undertake off-campus work-study or internship, he/she shall, upon obtaining consent of his/her school, apply to the Entry and Exit Administration Agency of the Public Security Authorities for the inclusion of remarks on the venue and period etc. of work-study or internship on his/her residence permit.

Where the study resident permit of the foreigner does not state the information stipulated in the preceding paragraph, he/she shall not undertake any part-time job or internship.

 

After reviewing some universities rules on part-time jobs or internships for foreign students, we found that most of these provisions are similar. The conditions for applying for a part-time job or internship:

(1) At least 18 years old;

(2) Undergraduate students and postgraduate students must be officially registered in the school and have obtained their academic status;

(3) The examination results of each compulsory course and elective course must meet the pass-mark requirements;

(4) No violation of school discipline and Chinese laws and regulations during the study;

(5) The student is enrolled in the insurance plan for international students;

(6) The procedures for the confirmation of the Medical Examination Records of Foreigners have been carried.

 

At the same time, there are also provisions on the time and scope of the part-time job:

(1) During the semester, the weekly working hours shall be no more than 6 hours;

(2) During the winter and summer holidays, the weekly work-study time shall be no more than 12 hours;

(3) Participating in the production of radio, film and television programs and participating in commercial performances in commercial entertainment venues shall not be treated as a part-time job.

(5) The part time job shall, in principle, be relevant to the applicants major.

 

B ) Can a foreigner do a part-time job in China?

Article 23 of Administrative Provisions on Employment of Foreigners in China provides: The employer in China shall be consistent with the employer stated on the employment pass. Where the foreigner is seeking employment outside the region stipulated by the permit-issuing department, or there is a change in employer within the originally stipulated region but the foreigner is seeking employment for a different occupation, the employment permit formalities shall be completed again.

The general interpretation of this provision is that foreigners may only work for the company indicated in their work permit, which in fact limits the possibility of foreigners working in China doing a part-time for any other company.

However, in recent years, with the implementation of China's policy of attracting foreign scientific and technological talents, some cities, such as in Shanghai, have stipulated that eligible foreign scientific and technical personnel can work part-time in connection with their full-time jobs after going through certain formalities.


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