China s Regulations on Employment of Labor and Regulations on Penalties for Illegal Workers

Wage Labor: The employment legal relationship has the following main characteristics:

1) The legal relationship of employment is the legal relationship formed between the employer and the employee on the basis of an oral or written employment contract;

2) The employment legal relationship is a labor legal relationship in which the employee provides labor services and the employer pays remuneration;

3) The employment legal relationship is a legal relationship formed by the employee to complete the labor service for the employer with his own skills, and the employee provides the labor service for the employer, which is the most significant feature of the employment legal relationship;

4) In the process of providing labor services, the employee must accept the instructions and supervision of the employer.

2.Penalties for Illegal Workers:

The labor department and the public security bureau will come forward to investigate and deal with it. At present, the basic method adopted by the relevant departments to deal with the "three nons" (illegal entry, residence, and employment) phenomena such as "illegal entry, residence, and employment" such as "illegal work" outside the country is to "discover, investigate, and repatriate." Units and individuals that employ foreigners without permission may be fined not less than 5,000 yuan but not more than 50,000 yuan at the same time as terminating their employment, and ordered to bear all the costs of repatriating foreigners hired without permission.

Take a look at China Labor Network and you may be able to find the answer you need**:

However, I think you should consult directly with the legal counsel entrusted to you, which is a relatively complex legal issue.

Legal Analysis: Illegal employment of foreign workers means that the person employed by the enterprise is a foreign national and has not been registered with the labor department of the country where the company is sold. In China, the illegal employment of foreign workers is one of the circumstances of illegal employment and does not constitute a criminal offense.

Units and individuals who hire foreigners without permission may be fined not less than 5,000 yuan but not more than 50,000 yuan at the same time as their employment is terminated, and they may be ordered to bear all the costs of repatriating the foreigners hired privately. Envy.

Legal basis: Regulations of the People's Republic of China on the Administration of the Entry and Exit of Foreigners Article 32 The expenses required for the repatriation of foreigners shall be borne by the foreigners. If the person is unable to bear it, it is illegal employment, and the unit or individual who illegally hired it shall bear it; In other circumstances, the unit or individual that provides guarantee measures for the foreigner's stay or residence in China shall bear the responsibility.

Legal Analysis: Illegal employment of foreign workers shall be fined 10,000 yuan for each person illegally employed, and the total amount shall not exceed 100,000 yuan; Where there are illegal gains in scattered acres, the illegal gains shall be confiscated.

Legal basis: Article 80 of the Law of the People's Republic of China on the Administration of Entry into the Border of Chong Naisen Mu Qi Anyone who illegally hires a foreigner shall be fined 10,000 yuan for each person illegally employed, and the total amount shall not exceed 100,000 yuan; where there are unlawful gains, the unlawful gains are to be confiscated.

Units that illegally employ workers shall be given a warning by the labor administrative department and ordered to make corrections; If damage is caused to the worker, he shall be liable for compensation. According to Article 89 of the Labor Law of the People's Republic of China, if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation. Article 94 Where an employer illegally recruits a minor under the age of 16 weeks, the labor administrative department shall order it to make corrections and impose a fine; and where the circumstances are serious, the market regulation department shall revoke the business license.

Article 95 Where an employer violates the provisions of this Law on the protection of female employees and juvenile workers and infringes upon their legitimate rights and interests, the labor administrative department shall order it to make corrections and impose a fine; Where harm is caused to female employees or juvenile workers, they shall be liable for compensation.

Units that illegally employ workers shall be given a warning by the labor administrative department and ordered to make corrections; If damage is caused to the worker, he shall be liable for compensation. According to Article 89 of the Labor Law of the People's Republic of China, if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation. Article 94 Where an employer illegally recruits a minor under the age of 16 weeks, the labor administrative department shall order it to make corrections and impose a fine; and where the circumstances are serious, the market regulation department shall revoke the business license.

Article 95 Where an employer violates the provisions of this Law on the protection of female employees and juvenile workers and infringes upon their legitimate rights and interests, the labor administrative department shall order it to make corrections and impose a fine; Where harm is caused to female employees or juvenile workers, they shall be liable for compensation.

Article 39 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract if a worker falls under any of the following circumstances: (1) It is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (6) Those who have been pursued for criminal responsibility in accordance with law. Article 14 of the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" Where public employees commit crimes and have any of the following circumstances, they are to be dismissed:

1) Those who have been sentenced to controlled release, short-term detention, or fixed-term imprisonment or higher (including a suspended sentence) for intentional crimes; (2) Those who have been sentenced to fixed-term imprisonment for crimes of negligence and whose term of imprisonment exceeds three years; (3) Being deprived of political rights alone or concurrently for committing a crime. Where public employees are fined for committing a crime, or where the circumstances of the crime are minor, and the people's procuratorate makes a decision not to prosecute in accordance with law, or the people's court waives criminal punishment in accordance with law, they are to be removed from office; and where a negative impact is caused, they are to be dismissed.

1. If child labor is illegally employed, the labor administrative department shall order correction and impose a fine of pico-acre; and where the circumstances are serious, the market regulation department shall revoke the business license. 2. Article 15 of the Labor Law: Employers are prohibited from recruiting minors under the age of 16.

Arts, sports, and special craft units recruiting minors under the age of 16 must comply with relevant state regulations and ensure their right to receive compulsory education.

Labor Law of the People's Republic of China

Article 94.

If an employer illegally recruits minors under the age of 16, the labor administrative department shall order it to make corrections and impose a fine;

and where the circumstances are serious, the market regulation department shall revoke the business license.

Labor Law of the People's Republic of China

Article 95.

Where an employer violates the provisions of this Law on the protection of female employees and juvenile workers and infringes upon their lawful rights and interests, the labor administrative department shall order it to make corrections and impose a fine;

Where harm is caused to female employees or juvenile workers, they shall be liable for compensation.