外籍员工的劳动合同是否需按中国劳动合同法约定执行？

Is the labor contract for an expatriate employee required to be executed in accordance with the Labor Contract Law of China?

已与外籍员工连续订立二次固定期限劳动合同，是否需要签订无固定合同？

Is it necessary to enter into an open-ended labor contract with an expatriate employee upon the expiration of his or her second fixed-term labor contract?

2018.12.20

公司新招聘了一名外籍员工，请问公司是否必须为其缴纳住房公积金？

Our company has recently hired a foreign employee, for whom have we to contribute to the housing provident fund?

外籍员工提出不缴纳住房公积金，请问公司是否可以不为其缴纳住房公积金？是否有什么法律风险？

The foreign employee asked us not to contribute to the housing provident fund for him. Can we not contribute to the housing provident fund for him? What are the legal risks?

2018.04.12

聘用无就业证外籍员工，企业和员工各要承担什么法律责任?

If a company hires a foreign employee without employment permit, what are the legal liabilities for the company and the employee?

我们想了解一下，如果公司没有为外籍员工办理就业证，对于非法用工的企业和外国员工各要承担什么法律责任？

We would like to know if a company hires a foreign employee illegally without handling the employment permit, what are the legal liabilities for the company and the foreign employee?

2018.03.08

一定要为外籍员工缴纳社会保险吗?

Must our company pay social insurance for expatriate employees?

她想确认一下，我们和员工的这份约定还有效么？公司是否必须为员工缴纳社会保险？

She want to confirm that whether the labor contract between the employee and our company remains in force? Whether the company must pay social insurance for the employee?

2017.05.25

外籍员工受医疗期保护吗?

Whether an expatriate employee be protected by the medical treatment period?

我想问一下，员工如果仍然继续请休病假的话，我们是否可以按照这个约定条款给员工支付一个月工资后要求和这位外籍员工解除劳动合同？

I want to know that, if the employee takes a sick leave continuously, whether we can terminate the labor contract with the foreign employee by paying salary of additional one (1) month in accordance with the foregoing provision?

2017.05.17

与外籍员工解除/终止劳动关系，是否需要为其办理就业证的注销?

Should the company handle the cancellation procedures of the Expatriates' Work Permit held by an expatriate employee upon cancellation / termination of the labor relations?

请问单位是否有义务要为他办理就业证和居留证的注销？

Should the company be obliged to handle the cancellation procedures of the Expatriates' Work Permit and the Foreigner’s Permanent Residence Card held by him?

2017.05.11

使用持有《就业证》的外国人，也是非法用工?

Could the employment of a foreigner holding the Expatriates’ Work Permit constitute an illegal employment?

她不能理解为什么是非法用工。

She just could not understand why his employment would be illegal?

2017.05.11

外籍员工可以签订无固定期限劳动合同吗?

Can the company enter into a non-fixed term labor contract with an expatriate employee?

我们需要同意这位员工签订无固定期限劳动合同的请求吗？

Should we consent to the request made by the employee?

2017.05.11

外籍员工变更就业单位是否需要重新办理居留证?

Does a foreign employee need to apply for the residence permit again after altering his/her employer?

她想咨询一下，是否需要重新办理居留证方可正式入职工作？

She want to know whether the residence permit shall be transacted again prior to the formal entry of the foreigner.

2017.03.23

外籍员工的出差时间问题

Duration of business travel of foreign workers to cities beyond the scope of employment certificate

如果外国员工因为用人单位开展业务的需要，到另外一座城市进行出差时，由于其在中国境内属于合法就业，对于其出差时间的长短并没有限制，也不会因为出差而被认定非法就业。

If the foreign employee needs to travel to another city due to the employer’s needs to conduct business, there is no limitation on the duration of such travel and will not be regarded as illegal employment as his/her employment in china is legal.

2015.07.30

有中国绿卡的外籍员工如何签订合同?

How about foreign workers with Chinese green card?

凡是符合领取“外国人永久居留证”，即俗称中国“绿卡”，在中国就业同中国公民就业的待遇是一样的，用人单位无须为其办理就业证。

Any foreigner with Foreigner Permanent Resident Permit, also called Chinese green card, can enjoy the same treatment as Chinese citizens when seeking employment in China, and the employer does not have to apply for Employment Permit for him/her. Foreigners with Chinese green card enter, perform and rescind labor contract in complete accordance with Labor Contract Law with no discrimination.

2015.07.30

外籍员工的劳动保护是否享有国民待遇?

Can foreign employee enjoy national treatment in respect of labor protection?

受到劳动法律法规层面保护的外籍员工指的是办理了就业许可的外籍员工，并且保护的期间为其尚处于就业许可期限之内时。

Foreign employee protected by labor laws and regulations refers to the foreign employee acquiring employment license which is still in effect.

2014.04.10

外籍员工的兼职问题

The Part-time issue of expatriates

外籍员工只能与就业证上登记的用人单位建立劳动关系，目前中国法律也要求外国人在境内提供劳务必须经就业登记，因此，从理论上说，外国人不能与就业证登记外的单位建立非全日制劳动关系或劳务关系。

The expatriate can only establish the labor relationship with the working unit registered on the working permit. Under Chinese law, expatriates are required to be registered for work prior to providing domestic service. Therefore, it is required that expatriates should not establish non-full time employment relationship or labor relationship with the employing unit which is not registered on the working permit.

2013.09.16

外籍员工劳动合同解除

Employment contract termination of a foreign employee

在双方同意的前提条件下，合同任何一方可以提前六个月书面通知对方的方式解除劳动合同或选择以支付工资的方式代替通知期，前提条件应为双方同意。

Under the precondition that both parties agree, each party can terminate the employment contract by six months’ prior written notice or can choose to pay the salaries to replace the period of notice. The condition is mutual agreement.

2013.09.12

外籍员工缴纳社保

Participation in the social insurance system by foreigners

本文从缴纳社保的外籍员工范围、达到法定退休年龄时可享受的待遇、退休前 离境时社保账户内资金的处理这三方面对现行外国人社保制度进行介绍。

This newsflash intends to give a brief introduction about the present foreign social security system consisting of three aspects including the scope of foreign employees to participate, treatments when reaching the statutory retiring age and the security account handling when leaving China.

2013.09.12