Notice of laboring abroad:
I. How to choose an expatriate company?
First of all, you need to understand whether the company recruiting personnel with the Ministry of Foreign Trade and Economic Cooperation (referred to as the "Ministry of Foreign Trade and Economic Cooperation") approved by the operating qualifications of the expatriate labor service, where the Ministry of Foreign Trade and Economic Cooperation approved the company collectively referred to as the operating company. In order to avoid being deceived, you can find out through the following ways:
(1) to the local government's foreign trade and economic cooperation department (bureau) of the foreign economic cooperation department (telephone number can be found from the local 114);
(2) to the China Chamber of Commerce for Contracted International Workers sent labor service personnel to understand the complaints (Tel: 010-84242447, 84242557);
(2) to the Chinese foreign contracted projects to complain about the agency (Tel: 010-84242447, 84242557) 84242557);
Additionally, some units, departments or enterprises are entrusted by operating companies to recruit foreign laborers, so you should find out the situation of the operating company that entrusted them.
Second, what should I know before enrollment?
Before enrollment, you should focus on the following information:
(1) the name of the country and region to which you are going, the operating company and the foreign employer;
(2) what kind of work you are doing, the duration of the work, whether there is any probationary period, the number of days of work in a month or a week, the working hours in a day;
(3) the remuneration packages: including the monthly basic salary, overtime and holidays (c) (iii) Compensation package: including monthly basic wage, overtime and holiday pay, method of payment of wages and overtime. Generally, foreign employers will pay your salary directly to you, or transfer it to you through the operating company, or deposit it into your bank account.
At the same time, you can ask the operating company to show you a copy of the Certificate of Qualification for Foreign Economic Cooperation Operation, and the contract signed with the employer. In the case of recruiting by an agent entrusted by the operating company, you can ask it to provide a letter of attorney from the operating company and a copy of the Certificate of Qualification for Foreign Economic Cooperation Operations issued by the Ministry of Foreign Trade and Economic Cooperation, as well as to show a copy of the contract signed between the operating company and the employer.
Third, what expenses do I need to pay before going abroad?
Before you go abroad, you need to pay for the following non-refundable fees:
(1) Physical examination fee: The physical examination can be carried out by yourself in hospitals at or above the county level, or it can be uniformly organized by the operating company. The fees are paid according to the actual charges of the hospital and receipts are left behind;
(ii) Training fee: generally between 150 and 600 RMB (including textbook fee and "Certificate of Competence for the Training Certificate of Expatriate Labor Service" fee) depending on the length of the training time, which is paid by you directly to the training center or to the operating company. The training will be organized by the operating company in a training center approved by the state and qualified for expatriate labor service training. The training period is at least 48 hours.
(c) Passport and visa fees: paid in accordance with the regulations;
(d) Airport construction fees: paid in accordance with the state regulations;
(e) Vaccination: paid in accordance with the actual charges of the epidemic prevention department;
(f) Notary fees for the contract signed between you and the dispatching company are paid in accordance with the amount of the receipt.
Four, why should I attend the training?
The training will help you to further understand the situation of the country concerned, the basic rights and obligations of your work abroad, and help you to adapt to the work abroad as well as improve your work skills. This is your right. You cannot be sent to work abroad without a Certificate of Competence for Training of Expatriate Laborers.
V. What should I pay attention to when signing a contract with an operating company or an employer? The contract signed with the operating company is called "Contract for Sending Labor Service", and the contract signed between you and the foreign employer is called "Employment Contract", the contents of these two contracts must be basically the same as the contents of the "Contract for Cooperation in Foreign Labor Service" signed between the operating company and the foreign employer. Be especially careful not to sign a Contract for Foreign Labor Service with an agency that does not provide a copy of the operating company's power of attorney and a copy of the contract signed between the operating company and the foreign employer.
When signing the contract, special attention should be paid to the fact that the contract must contain the following contents: workplace, occupational category, labor conditions, working hours, rest and vacation, labor remuneration, transportation, living conditions, responsibility for violating the labor contract, conditions for changing the contract and terminating the labor contract, conditions for the protection of female workers and special types of labor, handling of disputes and controversies, and handling of work-related injuries and deaths.
After going abroad, the foreign employer, in addition to paying your salary (which shall not be lower than the minimum standard stipulated by the coordinating organization of labor dispatch in China, i.e., China Association of Foreign Engineering Contractors) and overtime pay, will, in general, bear the following expenses: food, accommodation, gas, water and electricity, transportation to and from work, income tax, medical insurance (in some countries, such as Japan, dental disease is not included in the medical insurance), and personal injury and death insurance, and the costs of going abroad and returning to China. insurance, airfare to and from Japan, labor protection items, and a deposit from the employer to the local government. It should be reminded that every contract signed must be kept, as it will be an important legal basis for safeguarding one's legitimate rights and interests in the event of a dispute.
Sixth, why pay the performance bond and service fee?
Signing the "expatriate labor contract" or other forms of agreement with the operating company, according to the state regulations, there are some provisions to pay the performance bond and service fee.
The performance bond must be a deposit to work abroad as stipulated in the "Expatriate Labor Contract" and "Employment Contract". The performance deposit is given directly by you to the operating company that sends you abroad, and the operating company will give you a receipt. After you return to your home country after fulfilling the labor contract, the management company will return the principal and interest of the performance deposit (based on the interest on demand deposits during the period of your labor abroad) to you in full with the receipt submitted by you. If you do not fulfill your obligations according to the contract, you are not entitled to a refund of the deposit. The service fee is the cost incurred by the management company and your organization for providing organizational and management services for your overseas labor service.
VII. What are the criteria for the payment of performance bond and service fee?
According to the state regulations, the performance bond cannot exceed 20% of all contractual wages (excluding overtime pay, the same below) you receive during your working period abroad.
If you maintain a labor contract with your domestic employer, the service fee cannot exceed 25% of your contracted salary during the period of working abroad;
If you do not have an employer or you are separated from your employer during the period of dispatching, the service fee cannot exceed 12.5% of your contracted salary during the period of working abroad. You will have to calculate the exact amount of the fee carefully according to your contract.
Please note that you must ask for a receipt for all fees and keep it as a basis for claiming a refund in the future.
VIII. Do I still have to pay the brokerage fee?
If an agency fee is incurred, it should be paid by the operating company.
9. What are the procedures for going abroad? How do I go about it?
Departure procedures include domestic and foreign procedures.
Domestic procedures mainly include passport, visa, exit certificate, training certificate, etc., to go to some countries and regions also need to be vaccinated to avoid infectious diseases. In some countries, personal data must be notarized before approval of entry. These procedures are generally handled by the operating company.
The main materials you need to provide for these formalities are: household register, ID card, academic certificates, photographs and so on.
Foreign formalities, including entry permits and work permits, are handled by the foreign employer.
After completing the above procedures, you are ready to work abroad. If you cannot be sent out due to the reasons of the operating company or the foreign employer, the operating company will have to refund your performance bond and service fee. If it is your personal reason or force majeure, the handling fee for going abroad will not be refunded.
X. What should I pay attention to when working abroad?
While working abroad, you must strictly implement the contract, abide by local laws and regulations, and respect the living habits of local people. Don't work for other employers at the same time as you work for your employer, don't go to gambling or pornographic places, and don't leave your job without authorization. It is illegal to leave your job and go to another place to work, which is called "black labor" or "free labor" in foreign countries.
You must return to your home country at the end of your contract. If your employer closes down or goes bankrupt while you are working abroad, the contract is suspended and you must return home. Upon your return, you may request the return of your performance bond and a proportional refund of your management fee, and you may recover any other losses in accordance with the contract.
Xi. What should I do if I have difficulties in working abroad?
When you work abroad, you will inevitably encounter some problems. For example, if your employer does not provide you with living facilities according to the contract, you may be owed wages, overtime pay, or you may even be bullied and scolded; and there may also be emergencies such as death or injury, natural disasters or wars. You can protect your rights and interests in these situations by doing the following.
(1) You can negotiate with your employer according to the Employment Contract signed with your employer, or reflect to the local authorities; or reflect to the operating company and the local representatives of the operating company, who will negotiate with your employer according to the Foreign Labor Service Cooperation Contract signed with your employer, or participate in the *** with the negotiation to solve the problem.
(2) If problems and disputes arise between you and the operating company, they should be resolved through negotiation in accordance with the Foreign Labor Service Contract signed by both parties, or through legal procedures in accordance with domestic laws, regulations and policies.
(3) In case of major problems that cannot be solved either by yourself or the operating company, you can reflect the problems to the embassy (consulate) or the representative organization in your country for help or consultation.
(d) In case of natural disasters, wars and other emergencies, the management company and the embassy will take the initiative to provide you with assistance and do their best to ensure the safety of your life.