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.
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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
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- 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)
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| 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.
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- 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
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| 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.
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- 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
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For further information, please contact:
Fatim Jumabhoy, Herbert Smith Freehills
fatim.jumabhoy@hsf.com
Helen Beech, Herbert Smith Freehills
helen.beech@hsf.com