Immigration Law

On 30 June 2012, the 11th Standing Committee of the National People's Congress issued a new law, the Exit and Entry Administration Law of the People's Republic of China. Effective from 1 July 2013, the law is a response to the drastic increase in personnel entering and exiting the country, and will aim to improve the enforcement of related administrative requirements.

This user friendly guide provides answers to some of the most common questions companies face when employing foreign nationals or nationals working abroad. Our Employment Law team dissect the legislation to give you clear advice on employment restrictions, recruitment checks and the 'permission to work' approval process. A step by step section will explain the rights, obligations and entitlements of both parties under the employment contract, including an overview of remuneration and bonuses, tax payments and lawful termination procedures.

The Minister for Immigration, Brendan O'Connor announced proposed changes to the Subclass 457 temporary work visa program. The changes will require employers to demonstrate that genuine skills shortages exist before they employ 457 visa holders and will 'tighten' the scheme to ensure local workers are getting a 'fair go'.

On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.