Under the Interim Provisions on Labour Dispatch (see our legal update, "China Issues Interim Provisions on Labour Dispatch", of 11 February 2014), if the number of dispatched workers engaged by a PRC employer exceeds 10 percent of its total workforce, then the employer must file a plan on how it proposes to reduce that proportion to 10 percent or less with the local labour authority within two years after the effective date of the Interim Provisions (i.e., before 1 March 2016). The Beijing Labour Authority has now issued an administrative order requiring each applicable Beijing employer to file its plan by 31 August 2014.
The relevant form (in Chinese) and filing instructions can be downloaded from the Beijing Labour Authority website. The filing must be made in writing.
The details required to be provided in the plan include the following:
The administrative order does not say what the legal consequence may be if an employer fails to comply with the above requirements. However, prudent employers should take steps to comply with the requirements of the administrative order of the Beijing Labour Authority.
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