The Research On The Legal Issues Of Alien Employment In China From The Perspective Of Employment Permit System

Under the background of economic globalization,the management of foreigners plays a very important role for our country's economic development and the maintenance of social order.However,most of these articles or writings are exploring the perfection of foreigners management system from a macro perspective.Although some articles are studying from the legal point of view,they are limited to the rules and have no a comprehensive angle.The author believes that if we want to effectively solve the problems arising from the employment of foreigners in China,we need not only improving the management system of foreigners,but also combining the management system with legal theory to carry out a specific analysis of foreigners employment problems.First of all,after clarifying what is the employment of foreigners in China,this paper will introduce the employment permit system and distinguish legal employment from illegal employment.Secondly,this article will analyze the legal issues of legal employment and illegal employment combining the labor law and the relevant theory of civil law.On the one hand,the legal employment of foreigners mainly involves four issues: first,whether the legal employment of foreigners apply the "Labor Contract Law";second,if the foreigners did not sign a labor contract,whether they can apply the double pay penalty;third,whether the general standards of the labor law are applicable for foreign senior personnel;fourth,the labor contract period problems of foreign employees.These issues should be considered combining labor law theory with the particularity of foreign employees.On the other hand,if a foreigner is illegally employed,apart from the penalties on illegal employment of foreigners and their employers,we should distribute the rights and obligations between the two parties according to the relationship between them.Finally,to solve above problems arising from foreigners who are employed in China,the author believes that a single-line law should be formulated to systematically stipulate the foreigners who are employed in China.In it,we should focus on how domestic law apply to foreigners,and the legal responsibility when the foreigners and their employers violate relevant laws.