Page 49 - Doing Business in China

MANPOWER

M VISA
Recent regulations have introduced a new visa for business travellers called the M Visa� This is suitable for
foreigners coming to the country for business and trade purposes lasting no more than six months (180 days)�
Like the previous F Visa, M Visas are most suitable for foreigners who will:
▪ Spend less than six months in China during any calendar year

▪ Frequently enter and leave China
▪ Not hold a formal senior position at an entity based in China

▪ Not be paid by a company incorporated in China

M Visas can be renewed after six months at the discretion of the immigration bureau, with the risk of rejection
rising as the foreigner continuously resides in China for a longer period of time�

CHINA LABOUR CONTRACT LAW

China’s revised labour contract law has been in effect since 2008� A labour contract defines the rights, interests
and obligations of employers and employees� The law states that a labour contract must be created when a
labour relationship is to be established� In addition, conclusion and modification of a labour contract shall follow
the principles of equality, voluntary participation and unanimity through consultation, and shall not conflict with
Chinese laws, administrative rules and regulations� A labour contract, once concluded in accordance with the law,
shall also possess legal binding force�

EXECUTION OF LABOUR CONTRACTS IN CHINA

KEY COMPONENTS OF A VALID EMPLOYMENT CONTRACT
▪ Name, domicile and legal representative or employer’s main person in charge

▪ Name, residential address and number of the resident ID card or other valid identity document of the worker
▪ Terms of the labour contract

▪ Scope of work and place of work
▪ Working hours, rest and leave

▪ Labour compensation
▪ Social insurance

▪ Labour protection, working conditions and protection against occupational hazards
▪ Other issues required by laws and regulations to be included in the labour contract

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