Now Shenzhen | August 9, 2023
·About The Author·
- Author of Chinese Law Books: Intellectual Property, Commercial, Company and Economic Law In A Minute
- Author of English Law Book Business Law In A Minute
- Co-Author of Peking University Textbook: Business Ethics
- Graduated from Fudan University Law School
- Interviewed by Bloomberg and Timeout
- Mentor at Bloom Education (Charity)
Wechat: lawinamin
Email：[email protected]
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Today’s discussion shall on employment law, specifically regarding whether or not your employer has the right to keep your passport, work permit, degrees, and certificates.
In order to apply for a new work permit in China, it is mandatory that the applicant must provide notarized non-criminal records, commonly referred to as police checks, college degrees, and TEFL certificates. After obtaining a work visa and entering China, the applicant shall commence the process of applying for a work permit and residence permit. It is at this juncture that your employer may request to keep all said documents and certificates in their office, secured under lock and key. They will tell you that this measure is taken due to the paramount importance of these documents and to mitigate the risk of loss or misplacement.
As a foreign worker in China, your legal status is determined by your work permit. Your Work Permit grants you legal permission to work in China, but it's important to note that it's proof of a status rather than the status itself. This means that even if you lose your card, you still have legal permission to work in China as long as your status is documented in the Foreign Expert Bureau system.
Your Work Permit is tied to a single employer and without it, there is no legal labor relationship. Therefore, having a clear image of the front of your WP card is important as it can be required in many instances to prove your legal labor relationship. However, there are questions about who has the right to keep the actual WP card. According to article 9 of the Labor Contract Law, you are entitled to have the WP card while working in the position listed on the card. However, existing administrative rules require the prompt return of the WP to the issuing agency at the end of the labor relationship/contract.
To get the physical card, you should make up an excuse, like needing it for bank account opening , tax registration or social insurance purposes. If your employer refuses, you can file for a labour supervision complaint to request the actual card. It's best to keep all your documents in your custody and only give them to government officials.
When applying for a Residence Permit or Stay Permit, your passport will need to be left at the Exit Entry Administration, but the EEA will give you a receipt for your passport which you should keep. Otherwise, your passport should be kept with you at all times.
To summarize, the act of retaining your legal documents by your employer is illegal and a strategy employed to restrain you within the bounds of their company. It is recommended that you pay no heed to any insubstantial excuses provided by your employer. These legal documents contain your personal information such as your name and likeness so without any doubt, they rightfully belong to you.