14Evidence A

Before going abroad to work, check whether the company has a license for international labor cooperation: it is illegal for them to demand a deposit from you

When it comes to working overseas, the law regulates not the workers themselves but the companies that arrange their employment. Only businesses holding a valid license for international labor cooperation and properly registered may recruit workers for foreign jobs. Any claim such as “first obtain a tourist visa and later switch to a work visa” is a clear sign of illegal activity. Moreover, employers are strictly prohibited from charging any kind of deposit or demanding collateral from workers.

Cost

No cost at all. Spend just a few minutes beforehand verify…

Benefit

Article 5 of the Regulations on International Labor Cooperation states that companies must obtain approval fro…

Cost

No cost at all. Spend just a few minutes beforehand verifying the company’s credentials and reading through both contracts.

Benefit

Article 5 of the Regulations on International Labor Cooperation states that companies must obtain approval from provincial or municipal commerce authorities before engaging in such activities; this approval results in a specific operating license. Article 7 mandates that the list of licensed firms be submitted to national authorities and shared with Chinese embassies and consulates abroad. Article 8 explicitly bans any entity from using business trips, tourism, or study abroad programs as a guise for labor export. Within five working days of registration, firms must deposit at least 3 million RMB into a designated fund intended to cover unpaid wages, service fees, and compensation for injuries or emergencies. This fund may also be tapped to repatriate workers in crisis situations. Articles 11, 12, and 13 forbid employment in gambling or adult entertainment venues, require mandatory pre-departure training, and mandate personal accident insurance coverage while abroad. Contracts must be signed separately with both foreign employers and workers; failure to do so renders any recruitment illegal. Article 25 reiterates the ban on deposits or property pledges. All agreements must be filed with commerce authorities within ten days, and companies must assist workers in securing compensation when contractual terms are violated. Article 31 allows authorities to halt recruitment to regions deemed unsafe, while Article 37 establishes a public registry of non-compliant firms. Unlicensed operators face severe penalties, including license revocation and criminal prosecution. Those misusing tourism or study visas for labor placement also incur heavy fines.

Original sources

国务院 (2012). 对外劳务合作管理条例(国务院令第 620 号,第五、七、八、九、十、十一、十二、十三、二十一、二十三、二十五、二十六、二十九、三十一、三十七、三十九、四十、四十三条). https://www.gov.cn/zhengce/zhengceku/2012-06/11/content_1091.htm

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Book note

The lawful process works like this: the company first signs a written labor-cooperation contract with the overseas employer, then a written service or employment contract with you. The contract must specify the work, term, pay, working hours, leave, social insurance, and personal-safety risks. Within 10 working days of signing, the company must file it with the commerce authority. The company must also arrange training in skills, safety precautions, foreign languages, and local law and customs, and buy personal accident insurance covering your period of work abroad. Avoid companies that refuse to show you the contract, demand a deposit, or urge you to leave first and complete the paperwork later. For high-paying overseas recruitment scams and telecom-fraud compounds, see section 21, item 5. Section 21 also covers pre-departure safety advisories and 12308; those are not repeated here. The regulations do not set workers' education or age thresholds. The requirements concern the company's qualifications and whether the host country permits the work. The company may contract only with enterprises or institutions approved by that country, not with overseas individuals. The competent authority uses the reserve fund when the company defaults; you cannot withdraw it yourself. If something goes wrong, first complain to the commerce authority: Article 20 gives you this right. A company sending more than 100 people to the same country or region must arrange accompanying management personnel and file with the Chinese embassy or consulate. Smaller projects lack this safeguard, making it even more important to keep your own contracts and transfer records.

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