Jurisdiction - China
Reports and Analysis
Asia Pacific – Checking Whether Employees Have The Right To Work In Jurisdiction.

8 October 2014

 

Legal News & Analysis – Asia Pacific

 

What obligation does an employer have to check the right of an employee to work in jurisdiction? We compare the rules in PRC, Japan & Singapore.

 

  Employee Is A Local Employee Is A Foreigner
PRC 
  • employers should check the employee’s Chinese identification card to confirm identity and that the employee is over the age of 16
  • photocopies of the identification card should be taken and retained during the course of employment

 

  • employers must check the employee’s passport (and for residents of Hong Kong, Macau or Taiwan, their Mainland Travel Permit)
  • employers must ask the employee to provide supporting documents to show that they do not have a criminal record (usually issued by the police bureau of the employee’s home country)
  • employers must check that the employee has a valid working visa or permanent residence for the PRC (except that for residents of Hong Kong, Macau or Taiwan a Travel Permit is sufficient)
Japan 
  • for employees who claim to have previously worked in Japan, a social security system check should be run to check their nationality
  • for first time employees, employers should check the National Insurance System to confirm nationality
  • employers may wish to take photocopies of the employee’s identity card and/or passport for their own records.

 

  • employers should check the employee’s residence card to ensure that the employee is entitled to reside and work in Japan
  • employers may also wish to check the employee’s passport to ensure that the details are consistent
Singapore 
  • employers should ask to see the employee’s National Registration Identity Card (“NRIC“) of employees who are citizens
  • employers may wish to take photocopies of the employee’s NRIC for their own records.

 

  • For employees who are permanent residents, employers should check they have a NRIC
  • For non citizens and permanent residents, employers must satisfy themselves that the employee has a lawful right to live and work in Singapore – this is usually satisfied by checking the Employment Pass or other visa

 

herbert smith Freehills

For further information, please contact:

 

Fatim Jumabhoy, Herbert Smith Freehills

fatim.jumabhoy@hsf.com


Helen Beech, Herbert Smith Freehills

helen.beech@hsf.com

Comments are closed.