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PRC Labour Law - Bitesize: What does a PRC employer need to do to employ a Hong Kong, Macao or Taiwan resident (who is a Chinese national) in Mainland China?

22 July 2010
Mayer Brown JSM Newsletter

What does a PRC employer need to do to employ a Hong Kong, Macao or Taiwan resident (who is a Chinese national) in Mainland China?

Generally, the PRC employer only needs to apply to the local labour authority for a work certificate for employment of such Hong Kong, Macao or Taiwan resident after he/she enters into Mainland China.

If such Hong Kong, Macao or Taiwan resident will act as the Chief representative or general representative in a PRC representative office of a foreign company, the PRC employer also needs to apply to the local Administration of Industry and Commerce for a representative card.

If the Hong Kong, Macao or Taiwan employee is a Chinese national and has a foreign passport, which process, i.e. employment of foreigner or employment of Hong Kong, Macao or Taiwan resident, will his/her PRC employer need to follow to employ him/her in Mainland China?

Practically speaking, this will depend on what identification document the relevant person will use when entering into Mainland China.

A Hong Kong, Macao or Taiwan resident who is a Chinese national can enter into Mainland China freely on a pass issued by the PRC government, which is known as “Pass for Hong Kong or Macao Resident’s entry into and exit from Mainland China” (in Chinese, “???????????”) or “Pass for Taiwan resident’s entry into and exit from Mainland China” (in Chinese, “???????????”). If such pass will be used for entry into Mainland China, the PRC employer only needs to apply for a work certificate (and representative card as well, if he/she will be the Chief representative or general representative).

If the Hong Kong, Macao or Taiwan resident will enter into the PRC on his/her foreign passport, he/she will be treated as a foreigner, and his/her PRC employer must follow the steps for employment of foreigner in the PRC (see the Bitesize article dated 15 July 2010 for details).

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