On The Legal Regulation Of Foreigner Employment In China

Foreigner employment in our country is mainly refers to the employment behavior of foreigners who have achieved the employment license and residence permits in China and according to the law of our country have worked and obtained the labor remuneration. According to the regulations of the Law on Exit and Entry Administration of PRC, on the source, the employment of foreigners in China shall practice a system of employment permit. Foreigners who want to be employed in China should apply for and obtain the Employment Permit of the People’s Republic of China from labor bureau, get invitation letter and approval of the competent department, apply for a work visa from the country’s embassies consulates in China, after arrival and apply for the employment permit and residence permit formalities rear can employment in our country. The main content of the employment permit system including requiring permission as fundamental principle, without permission as exceptions, as well as the specific industry prohibitions or restrictions. Employment permit system plays a very important role in the aspect of law regulation on foreigners’ employment in China, but the events of foreigners’ illegal employment in China such as Beijing guy’ illegal employment in China makes people have to reflect on the lack of regulation in terms of foreigners’ employment in China.At present, the number of foreigners employed in China is numerous and difficult to accurately estimated and imbalance in regional distribution. In addition, the phenomenon of illegal employment in foreign language teachers, Filipino domestic workers, and even some jobs with higher technology is very serious. The phenomena of illegal employment of foreigners have negative influence on the sovereignty and security of China and the normal social economic order in China. Investigating its reason, the external reason is the influence of worldwide illegal employment problem, and the internal reason is that China’s rapid economic development and the widening gap between the neighboring countries makes relatively low cost of living and the Chinese people’s attitude toward foreigners are more moderate. There are many problems in the regulation of employment system in our country, the problem of illegal employment of foreigners in China is not only a weakness, but also a conundrum. In the aspect of legislation, no specific legislation of alien employment regulation, the existing legal lag behind the social reality, and its content is fragmented, in addition there is no specific law and lack of legal system. In the aspect of law enforcement, there’s lack of unified management and supervision organization, the division of the various departments is ambiguity, unknown and inefficient. In the aspect of justice, the judgment standard in view of the employment of foreigners in China is not unified, besides, there is lack of judicial assistance between our country and the labor services exporting countries. In foreign countries, the United States and Japan are mainly through a series of laws and regulations, as well as a sound foreigners management agencies to regulate employment regulation, in addition, the United States and Japan have their own national characteristics in policies and law to protect foreigner employment basic rights, at the same time, regulate foreigners’employment by using flexible and sound systems.Foreigners’ employment as a basic human right should be fully protected, especially China has involved and approved a series of conventions on human rights, and should reasonably regulate foreigners’ employment combined with China’s national conditions. At the same time, we should see that foreigners’ employment in China is a kind of labor behavior, the change development of which should follow the objective law of market economy. Under the influence of globalization, foreign workers will play an important role in the relationship of Chinese workers employment in China. The regulation on foreigners’ employment in China, we should not only on the legislative management, but also should formulate a series of policies to guide, as well as the maintenance of law and social security, national security and serve the national macroeconomic regulation and control. Regulation of foreigners in China, employment is the employment in order to better carry out foreigners management work, maintain social stability and healthy economic development, make the foreigner employment permit system for more standardized and institutionalized. The regulation on employment of foreigners in China aims at better carry out management work on foreigners’ employment, maintain social stability and the health development of economy, which makes the permit system of foreigners’ employment more institutionalized and standardized. The research on regulation system of foreigners’ employment in China, using legal system to optimize the allocation of labor resources, make full use of international and domestic labor resources reasonably, and protect labor market from the huge shock. We should be based on our national conditions and draw lessons from foreign advanced experience, such as the United States and Japan and so on, to establish a system of employment regulation suited to our own national conditions. We should improve the legal system of our country’s foreigner’s employment by encouraging the introduction of high-level management of high-tech talent, protecting the domestic laborers’ employment rights and interests, creating a good investment environment, and according to the principle of reciprocity. To improve the legal system of foreigners employment in China, we should reform employment management authority, to establish Administration of Chinese Immigrants, dominated by Administration of Immigration, sharing the information and joint law enforcement between Public Security Bureau and the Labor Inspection Department; drawing lessons from foreign concrete labor policies, using flexible labor policy to rational use foreign labor resources; to crack down on illegal employment in accordance with the law, especially improve the relevant legal liability, to increase the intensity of punishment for illegal employers of foreigners, at the same time improve the penalties for illegal employment of foreigners; To strengthen the international cooperation on management of foreigners’ employment, especially the cooperation with major labor services exporting countries.