Reflections on the Legal Regulations of Foreigner Employment in China

Wang Fayang; Li Kungang; Cao Youkang

doi:doi:10.16538/j.cnki.jsufe.2023.06.010

Summary

In the context of further optimizing the foreign investment environment and increasing the attraction of foreign investment in China, it will bring more foreigners to work in China, especially facing the demand for vigorously introducing foreign high-end talents. Against this background, a legal regulatory system for foreigner employment in China should be constructed under the guidance of “selection concept” and “integration concept”. In the field of entry employment management for foreigners, the “selection concept” should be implemented in the form of classified management and conditional permission; while in the field of labor protection for foreigner employment in China, the “integration concept” should be implemented on an equal basis with domestic workers. At present, China’s legal system for regulation the employment relationship of foreigners in China have not yet implemented the two concepts, and there are some drawbacks, including the lack of openness and convenience in the introduction process of foreign high-end talents, the deviation of the general talent work permit system from market demand, the imbalance of sanctions for illegal employment of foreigners, the unclear application of labor laws for legal employment, and the lack of necessary labor protection for foreigners illegally employed. To address these issues, the “selection concept” should be followed as a guide to improve the legal regulations for entry and exit administration, open up work permits with independent application as the core for foreign high-end talents, implement work permits with labor market testing as the prerequisite for foreign general talents, and formulate appropriate legal responsibilities for illegal employment of foreigners; the “integration concept” should be followed as a guide to improve the labor legal regulations for foreigner employment, provide substantive equal labor protection for foreigners legally employed in China, and provide benchmark labor protection for the labor already provided by foreigners illegally employed.