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Shanghai Expat Forum Index » Hot Topics Forums » Visas, Taxes, and Legalities

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underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 14, 2008 - 02:24 PM

socks wrote:

Thanks for the info... I guess I am just screwed!

In this day and age, 3 months isn't such a bad deal.

Take the 3 months and sooner or later they'll get tired of seeing you so often and give you a year.

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socks

Newbie

Joined: June 06, 2008
Posts: 8

Status: Offline

Posted: June 15, 2008 - 06:27 PM

Yes, but I can only extend it once. So after the three months I have to leave China.

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 15, 2008 - 06:36 PM

socks wrote:

Yes, but I can only extend it once. So after the three months I have to leave China.

No.

The spousal visa is renewable indefinitely without leaving.

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socks

Newbie

Joined: June 06, 2008
Posts: 8

Status: Offline

Posted: June 16, 2008 - 08:17 AM

They won't issue a spousal visa. They will only issue a L visa for 3 months like they will for any tourist.

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 16, 2008 - 08:21 AM

socks wrote:

They won't issue a spousal visa. They will only issue a L visa for 3 months like they will for any tourist.

The PSB does not usually -- especially now -- give new L visas or even extend L visas for 3 months. I think they give you that 3 months because you are married.

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socks

Newbie

Joined: June 06, 2008
Posts: 8

Status: Offline

Posted: June 16, 2008 - 08:25 AM

but the specifically said that at the end of the three months I would have to leave China and come back on a new visa.

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 16, 2008 - 09:02 AM

socks wrote:

but the specifically said that at the end of the three months I would have to leave China and come back on a new visa.

Then you're screwed.

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Shanghai7136

Reacher

Joined: Nov 26, 2003
Posts: 238

Status: Offline

Posted: June 17, 2008 - 11:05 PM

Hello, I'd like to ask if this is true:

My HR said that in China, employees do not get any paid sick leave. Instead, they get deducted 40% of their daily portion of their monthly salary if they are sick. Can you please tell me if this is true, and if not, is there a law that says this is illegal?

Thanks!!!

erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: June 19, 2008 - 09:02 AM

You can find the answer from my posting in Page 2 regarding sick leave payment

Shanghai7136

Reacher

Joined: Nov 26, 2003
Posts: 238

Status: Offline

Posted: June 19, 2008 - 06:00 PM

Ah, I didn't see that. Thank you so much! I read online that:

Leave and vacations
Similar to other international labor practices, China’s leave and vacation policy includes annual leave, wedding leave, funeral leave, maternity leave and sick leave. In addition, employees working out of their registered province or city are eligible for family visitation leave.

Does this mean that China allows for sick leave, but its just the company that wants to be heartless bastards and not grant it?

leidelaohu

Wonder Wit

Joined: June 11, 2007
Posts: 3777

Status: Offline

Posted: June 19, 2008 - 07:50 PM

Shanghai7136 wrote:

... they get deducted 40% of their daily portion of their monthly salary if they are sick.

Maybe that's another way of saying that this company pays 60% salary as sick leave. Not sure that's legal but 60% of salary is not quite the same as "no sick leave."

Shanghai7136

Reacher

Joined: Nov 26, 2003
Posts: 238

Status: Offline

Posted: June 23, 2008 - 05:11 PM

That's how I see it. I think it's total bullfeces too.

erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: June 24, 2008 - 11:34 AM

Requirements for engaging in franchise business by foreign-invested company in China

On May 1, 2007, China promulgated the Measures on Administration of Commercial Franchises, which sets new rules for companies engaging in franchise business in China. We have already posted the article entitled “China’s Franchise Legal System” in this forum. Here we set out the conditions which the foreign-invested company shall take into consideration before they do franchise in China

For foreign-invested company which is to be set up and engage in franchise business in China, or those companies which have been already set up and engage in franchise business before May 1, 2007, and will continue to conduct franchise business, the following conditions shall be met:-

a) Only established enterprise can be allowed to engage in franchise business. Individuals are excluded;

b) The franchisor shall own such business sources as registered trademarks, enterprise logos and business mode etc and can license these business sources to franchisees.

c) The franchisor shall be able to provide long term business guidance and training service for the franchisees;

d) The franchisor shall own at least two directly operated shops and the period of operation shall be more than one year in China. The shops can also be established by its subsidies or share holding company;

e) For franchise involving goods supply, the franchisor shall have stable and quality goods supply system and be able to provide good service;

f) The franchisor shall have good reputation and without any fraud record in its franchise business.

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 29, 2008 - 09:55 PM

Erex,

How can an expat legally change their name to a Chinese name in China?

Also, how does a Chinese person legally change their name?

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erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: June 30, 2008 - 01:00 PM

For expat, the name shall be the same on the passport. That means if an expat wants to change his name, he shall do according to the law of his country. Of course, he can have a Chinese name by himself but in most cases, this name shall not be used in legal document as his legal name.

For Chinese, his name can be changed following legal procedure. He shall go to the PSB where his HUKOU is located.

Above is only for your reference.

Regards
Erex Chen
erexcxl@yahoo.com.cn

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: June 30, 2008 - 01:08 PM

erexchen wrote:

Hi Erex,

What about if the expat hasn't a passport and instead has a Chinese permanent resident ID?

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erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: July 01, 2008 - 09:40 AM

Why the expat does not have a passport? If you mean how to change the Chinese name on the permanent resident ID, I think the expat shall go to the PSB at the level of city with districts or county level in municipality directly under central government where the expat resides and apply for change of the name.

There is no law detailing the procedure how to change the name. So I advise the expat goes directly to the PSB and consults with the official about the procedure.

Above is only for your reference.

Regards
Erex Chen
erexcxl@yahoo.com.cn

underh20
Shanghai Royalty

Joined: Sep 27, 2006
Posts: 9883
Location: EOA Seminar

Posted: July 01, 2008 - 07:43 PM

erexchen wrote:

Why the expat does not have a passport?

Because when you obtain permanent residence you are no longer required to maintain a valid passport in order to live in China.

A passport would only be necessary if one wanted to travel to a different country.

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TISM

SuperStar

Joined: July 14, 2005
Posts: 1561
Location: often @ the shed
Status: Offline

Posted: July 17, 2008 - 01:37 PM

Hi erex
How enforceable are restraint of trade clauses in employment contracts in China?
Is there a maximium period allowed eg 6 months, 12 months?
Is there a maximum geographic area, say City, Province or Country?

Thanks

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Sham

Newbie

Joined: July 20, 2008
Posts: 7

Status: Offline

Posted: July 20, 2008 - 01:49 AM

Hi Erex,

Thank you for all your help and for this VERY useful post.

I will start work in Shanghai Oct 2008.

I am married and my wife will be accompanying me to China. I asked the company about that and I was told that my wife can apply for a tourist visa and once I have residence permit in China, she can also apply for one.

In the Chinese embassy websites, and it all says under the "Z" visa section:

“(G) Accompanying family dependents of personnel working in China should provide related note, letter or visa notification issued by an authorized unit or documents proving their status as dependents.”

My question: Do I have to ask my company to include my wife’s name in the invitation letter (which I don’t they will do)?

Or: Is it enough only to present our marriage certificate when I apply for Z visa so my wife can get a dependent visa (even if her name is not mentioned in the invitation letter)?

Thanks

lilstar

Reacher

Joined: June 20, 2005
Posts: 286

Status: Offline

Posted: July 20, 2008 - 08:06 AM

In our invitation letter and other documents other than company/my husband's personal documents, my name is always mentioned as a spouse with full details of my passport name, passport number, expiry date and nationality. We used to show our marrige certificate in first years but they didnt really need it for extension visa recently. We recently just extended for another year. However we're not in Shanghai so it might have different procedure and documents.

erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: July 22, 2008 - 09:18 AM

Hi TISM

Restraint of trade?? Do you mean the non-competition clasue or agreement in the employment? If it is, according to Chinese law, the maximum period is two years after termination of employment and can be applied nationwide. However, the company shall pay compenstation to the employee every month after termination of employment. Otherwise such clause/agreement will not be binding.

Erex Chen
erexcxl@yahoo.com.cn

jeremypete

Newbie

Joined: Mar 07, 2008
Posts: 7

Status: Offline

Posted: July 22, 2008 - 01:20 PM

Hi Erix,

Our local company went to renew one of our expat's z visa last week and was told that's no longer possible for sole-proprietor local companies to sponsor z visas.

We've been asking around and this seems to be the case, so we're trying to decide on options to keep him here, visa expires Aug 7th.
He's been here 6 years on working visas and this is the first time we've had a problem, any suggestions?
Thanks

erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: July 23, 2008 - 01:04 PM

Hi Sham

After you get the work permit and residence permit, your wife can com to China with tourist visa or F visa. Then your wife can apply for residence permit. When your wife is applying for her residence permit, she will be required by the government to show your marriage certificate/certificate proving your marriage as well as your residence permit.

Erex Chen
erexcxl@yahoo.com.cn

erexchen

Reacher

Joined: Aug 14, 2006
Posts: 218
Location: Shanghai
Status: Offline

Posted: July 23, 2008 - 01:21 PM

Hi jeremypete

If you have time, you can come to my office and I can help to review the documents. I have not encountered similar problem before.

Erex Chen
erexcxl@yahoo.com.cn