Working in China involves multiple legal areas such as entry visas, employment, social security, and labor relations. Below are 10 most frequently asked legal questions and their answers, covering core concerns of both individuals and enterprises:

  Foreigners must first obtain the <Notice of Foreigner's Work Permit>, and apply for a Z-type work visa to enter China with this notice. After entry, they shall apply for an electronic social security card containing work permit information, and finally apply for a work-type residence permit from the local exit-entry administration department. Only with all documents complete can they work legally. If the documents expire or the employing unit is inconsistent with the actual employing unit, it shall be deemed illegal employment. In addition, foreign nationals holding the <Foreigner's Permanent Residence Identity Card> do not need to go through the above additional procedures and can be employed directly.

  It is not an absolute restriction. If they meet the conditions for high-end foreign talents (Category A), there is no age limit for applying for a Category A work permit; for innovative and entrepreneurial talents, professional and technical talents, etc. with genuine needs, the age limit may also be appropriately relaxed, and they can work legally after applying for the corresponding work permit. Their labor contracts shall be signed in accordance with normal employment regulations.

  In principle, yes. The <Social Insurance Law> clearly stipulates that foreigners employed in China shall participate in social insurance with reference to this Law. However, China has signed bilateral agreements with many countries such as Germany and Japan, which can mutually exempt specific social insurance payment obligations to avoid double payment. When foreign employees leave China, if they have not met the conditions for receiving pension, their individual social security accounts can be retained. If they come to China again for employment, the payment period will be accumulated and calculated, and they can also apply for one-time withdrawal of the balance in their individual accounts.

  In most cases, no. Usually, they need to leave China first, apply for a Z-type visa with the <Notice of Foreigner's Work Permit>, and then re-enter China. Only a few special circumstances are exceptions, such as high-end foreign talents (Category A), foreign nationals working in China with valid residence permits who change employing units but keep the same position, and those holding valid family reunion residence permits, etc., who can directly apply for relevant formalities for changing work permits in China.

  No. Within 10 working days after the termination of the labor relationship, the employing unit shall apply for the cancellation of the work permit. However, the cancellation requires the submission of an application form signed and sealed by both parties, a resignation certificate and other materials, which need the cooperation of both parties to complete. A one-sided cancellation is not possible. If the employee refuses to sign, the employing unit may confirm the termination of the labor relationship through legal channels such as labor arbitration, and then handle the cancellation with the relevant award.

  No. The scope of work of foreign employees is restricted by the <Foreigner's Work Permit>. They cannot work in other provinces/municipalities for a long time, nor can they take part-time jobs in other units without approval. However, short-term business trips required for work are not considered as illegal cross-regional work.

  It needs to be judged on a case-by-case basis. If there is a clear agreement between both parties on compensation for illegal termination, the agreement shall be given priority; in the absence of an agreement, some courts may not support the foreign employee's claim for compensation for illegal termination. However, if the illegal termination by the employing unit results in the foreign employee being unable to work legally, the employee may claim compensation for actual losses, which the court will usually support with reference to relevant regulations.