Shanghai Interim Measures for the Management of Foreign Labor Cooperation
Chapter I General Provisions
Article 1 In order to promote the development of foreign labor cooperation in the city, to simplify the approval procedures for the departure of laborers abroad, and to strengthen the management of the work of foreign labor, according to the spirit of the State Office of the State Council issued 〔1990〕 No. 71 document and other relevant provisions, the formulation of these measures.
Second Article The foreign labor cooperation referred to in these Measures refers to the city's foreign contracting and labor cooperation enterprises (hereinafter referred to as the sending unit) and the relevant foreign government agencies, enterprises, other economic organizations or individuals (hereinafter referred to as the foreign party) to sign foreign labor cooperation contracts, the organization of China's workers, farmers, seafarers, chefs, medical personnel, engineers or managers (hereinafter referred to as the foreign laborers) in China, the Chinese government, the foreign government agencies, enterprises, other economic organizations or individuals (hereinafter referred to as the foreign party) to sign foreign labor cooperation contracts. (hereinafter referred to as "foreign laborers") to provide labor services outside the People's Republic of China and collect labor fees for economic behavior.
Article 3 The forms of foreign labor cooperation referred to in these Measures include:
(1) The contract of foreign labor cooperation is signed between the sending unit and the foreign party, and the sending unit is responsible for the implementation of the contract.
(b) The contract of foreign labor cooperation is signed between the sending unit and the foreign party, and the sending unit entrusts the project implementation unit (hereinafter referred to as the implementation unit) to be responsible for the implementation of the contract.
(3) The implementing unit solicits information on foreign labor service cooperation business, which is handed over to the sending unit to sign the foreign labor service cooperation contract with the foreign party and handle the procedures for leaving the country, and the implementing unit is responsible for the implementation of the contract.
Article 4 The city to carry out foreign labor cooperation, must follow the following principles:
(1) comply with China's relevant laws and regulations, in line with China's foreign and foreign economic and technological cooperation policy, and with reference to international practice;
(2) comply with the labor importing countries and regions of the relevant laws and regulations, and respect for local customs and habits;
(3) Equality and mutual benefit, observance of contract and quality assurance;
(d) Contribute to the development of friendly and cooperative relations between countries;
(e) Comply with the wage standards of the countries and regions concerned as set by the Ministry of Economy and Trade, and refrain from undercutting each other's prices.
Chapter II: Dispatching Units and Implementing Units
Article 5: Dispatching units referred to in these Measures refer to enterprises specializing in foreign engineering contracting and labor service cooperation as well as enterprises also engaging in foreign engineering contracting and labor service cooperation.
Article VI of the foreign engineering contracting and labor cooperation business license, the Ministry of Economy and Trade approval and grant. Which the application procedure is: the applicant unit reported to its competent departments reported to the Municipal Foreign Economic and Trade Commission for preliminary examination, the Municipal Foreign Economic and Trade Commission forwarded to the Ministry of Economy and Trade for approval. Approved expatriate units, registered with the Shanghai Municipal Administration for Industry and Commerce, the Ministry of Economy and Trade issued by the expatriate labor license.
Article 7 The implementation unit referred to in these measures refers to the enterprise or institution that selects its employees to undertake all or part of the implementation of foreign labor service projects.
The implementation unit of foreign labor service cooperation is generally selected by the sending unit that signed the foreign labor service cooperation contract.
Chapter III Expatriation
Article 8 An expatriation unit that carries out foreign labor service cooperation with a foreign party must sign a legally binding foreign labor service cooperation contract in written form.
Article 9 The sending unit or the implementing unit selects the laborers to be sent out and determines the labor relationship according to one of the following forms based on the contract of foreign labor service cooperation:
(1) For the laborers selected by the implementing unit, their labor relationship with the implementing unit remains unchanged (hereinafter referred to as selected by the implementing unit).
(2) The expatriate laborers selected by the sending unit through direct open recruitment to the society:
1. If they are serving employees, they may be suspended without pay with the consent of the original unit, and maintain the labor relationship with the original unit (hereinafter referred to as suspended without pay selection); or they may resign, and detach themselves from the labor relationship with the original unit, and enter into a contract with the sending unit after they have been recruited (hereinafter referred to as resignation selection). Resignation is disputed and may be handled in the same way as the recruitment of serving employees by foreign-invested enterprises.
2. In the case of non-engaged employees, a contract shall be signed with the expatriate unit after employment.
Among the above expatriate laborers, those with senior titles are required to seek prior consent from the competent bureau (company) of the unit to be dispatched.
Article 10: Unless otherwise stipulated, the sending unit of the city shall obtain the approval and consent of the Foreign Trade and Economic Cooperation Commission of the city for the sending of personnel from other provinces and cities.
The central government and the foreign labor service enterprises of the sister provinces and cities shall send the personnel of the enterprises and institutions in the city, and generally shall be subject to the approval of the Municipal Commission for Foreign Trade and Economic Cooperation.
Article 11 The sending unit shall apply to the Municipal Commission for Foreign Trade and Economic Cooperation for approval of foreign missions with the following documents:
(1) license for sending foreign labor service personnel;
(2) foreign labor service cooperation contract signed with the foreign party;
(3) application report of the sending unit;
(4) other relevant materials to be examined.
The Municipal Commission for Foreign Trade and Economic Cooperation will give its approval within five working days after receiving the above documents.
Article XII: The sending unit or the implementing unit shall handle the procedures of political examination abroad for all kinds of senders with the approval documents of the sending mission:
(1) The implementing unit shall be responsible for the political examination of the senders selected by the implementing unit and shall issue the documents of political examination.
(2) For those who are sent on leave without pay, the original unit shall be responsible for the political examination and shall issue the documents for the political examination.
(3) resignation of the personnel selected, the original unit or the street office where the account is responsible for the political examination, and issued by the political examination materials.
(d) the unemployed, the street office where his account is responsible for the political examination, and issued a political examination materials.
(e) Farmers, fishermen, and self-employed workers are examined by the street office or township people's government where their hukou is located, and documents for political examination are issued; employees of township enterprises are examined by the competent authorities.
The political examination materials of the above types of expatriates are sent to the expatriate units for review, and the expatriate units will issue the political examination documents.
Article 13 The sending unit shall apply for passports in accordance with the following provisions with the license for sending laborers, the approval documents for going abroad and the documents for political examination:
(1) For laborers sent to carry out the agreements signed by the government or governmental departments, or laborers sent by the sending unit directly, or laborers going to the countries and regions which are required to enter the country and region with the official passports, the sending unit applies to the municipal government's foreign affairs office for passports for official purposes. The unit shall apply to the Foreign Affairs Office of the municipal government for an ordinary passport for official business.
(2) Anyone who needs to apply for an ordinary passport for public and private purposes shall be processed according to the relevant regulations of the Municipal Public Security Bureau.
Article 14 The expatriate laborers who have been approved to go abroad for more than one year (including one year) must go to the Shanghai Sanitary and Quarantine Bureau for health checkups and vaccinations before going abroad.
Article 15 The Foreign Affairs Office of the Municipal Government or the Municipal Public Security Bureau shall, upon examination and approval in conformity with the provisions of these Measures, be given the opportunity to go through the procedures of going abroad.
Chapter IV Distribution of Labor Proceeds and Labor Insurance
Article 16 For the personnel selected and dispatched by the implementation unit, the distribution of labor proceeds and labor insurance shall be negotiated between the expatriates and the implementation unit, and one of the following methods shall be selected:
The first method:
(1) the expatriates' personal income shall be not less than 60% of the amount of the labor contract. The rest shall be divided by the implementing unit and the sending unit through negotiation;
(2) the basic domestic salary of the expatriates shall be paid as usual, and the family members shall continue to be entitled to the labor insurance and one-child fee treatment, while bonuses, subsidies, insurance and welfare benefits shall be suspended;
(3) the expatriates shall return to their home countries upon expiration of their contracts, and shall be arranged to work by their original units, and the continuous service shall be counted during the period of expatriates' assignments.
The second method:
(1) the individual income of the expatriate shall not be less than 75% of the amount of his labor contract, and the rest shall be divided by the implementing unit and the expatriate unit through negotiation;
(2) the expatriate's domestic basic salary, bonuses, subsidies, insurance and welfare benefits, and the labor insurance of his family members, and the fee for one child shall be suspended;
(3) the same as the first method The third.
Article 17 The personnel selected for suspension without pay shall be subject to the same methods of labor income distribution and labor insurance as those in the second item of Article 16.
Article 18 For those who are selected for resignation, the methods for distribution of labor income and labor insurance are as follows;
(1) Before leaving the country, the sending unit shall collect from the foreign party a labor deposit of 250-500 US dollars in advance, and transfer 50 percent of it to the relevant social unemployment insurance department, and transfer the rest to the sender's The rest will be transferred to the expatriate's original work unit or the street office (township people's government) where the household is registered.
(2) During the period of expatriation, the management fee charged by the expatriate unit shall not be higher than 10% of the amount of the labor contract, and the rest shall go to the expatriate.
(3) Upon returning home at the end of the contract period, the expatriate shall terminate the contract signed with the expatriate unit, return to the place where his/her hukou is located to stay at work, and enjoy the stay-at-work insurance in accordance with the relevant provisions.
(4) If the expatriate entrusts the expatriate unit or the street office (township people's government) to pay the pension insurance fund on behalf of the expatriate during the period of expatriation, he or she may calculate the continuous service after returning to his or her home country.
Article 19 The distribution of labor income and labor insurance during the period of expatriation of non-engaged personnel shall be implemented with reference to Article 18 (1) (2) (3).
Article 20 The measures for the distribution of labor income and labor insurance for seafarers on assignment shall be determined separately.
Article 21 Where foreign labor service cooperation is carried out in accordance with Article 3(3), the agency fee of the sending unit shall not be higher than 5% of the contract amount, and the rest shall be negotiated between the implementing unit and the relevant departments.
Article 22 The labor fees (excluding engineering contracting) received by the implementing units for foreign labor cooperation may be included in the use of the Wage Fund.
Chapter V: Management and Coordination
Article 23 The Municipal Commission for Foreign Trade and Economic Cooperation is the centralized management authority for foreign labor cooperation in the city, with the following responsibilities:
(1) To be responsible for the acceptance, preliminary examination and referral of applications for the right of operation of foreign engineering contracting and labor cooperation by enterprises in the city.
(2) Approval of foreign missions.
(3) Organizing relevant departments to train foreign laborers for overseas employment.
(4) Commending, rewarding and punishing expatriate units and implementing units.
(e) To be responsible for the coordination of related matters.
Article 24 The Foreign Affairs Office of the Municipal Government, the Municipal Public Security Bureau, the Municipal Labor Bureau, the Shanghai Customs, the Shanghai Sanitary and Quarantine Bureau and other administrative departments shall actively support the work of sending out laborers in accordance with the spirit of promoting the development of foreign labor cooperation.
Article 25 The expatriates shall be subject to the leadership and management of the embassies, consulates, offices or relevant leading organizations of labor work in the countries where they are stationed while they are abroad.
Chapter VI Supplementary Provisions
Article 26 The dispatch of various types of trainee laborers to Japan shall be carried out in accordance with these Measures.
Article 27 The relevant units and individuals are encouraged to provide information on international labor service cooperation projects to the sending units, and the sending units shall reward those who provide information for successful projects.
Article 28 The expatriates according to the provisions of these Measures may purchase duty-free commodities in designated duty-free stores with their passports and duty-free shopping vouchers.
Article 29 The interpretation of these measures shall be vested in the Municipal Commission for Foreign Trade and Economic Cooperation.
Article 30 These Measures shall be enforced from December 1, 1992 onwards. Any inconsistency between the relevant regulations previously formulated by the city and these Measures shall be subject to these Measures.