legal working age in china

[12] G.A. 52706). You can also have a friend, a travel agency or visa agency to act on your behalf. [32] Id., art. She is fluent in English and in Mandarin Chinese, and works out of Harris Bricken’s Beijing and Seattle offices. The Statutory rape law now applies to underage prostitution as well. Major international documents relating to children’s rights that the PRC government has signed and ratified are as follows: It is worth noting that when deciding on ratification of the CRC, the PRC Standing Committee of the National People’s Congress (NPC, China’s top legislative body) made a reservation to Article 6 of the CRC on the inherent right to life, stating that China shall fulfill its obligation provided by this article under the prerequisite of planned birth provided by Article 25 of the PRC Constitution. [61]  Though the CECC agrees that “the overall extent of child labor in China is unclear due to the government categorizing data on the matter as “highly secret”,”[62] it cited a report on child labor in China finding that “child labors generally work in low-skill service sectors as well as small workshops and businesses, including textile, toy, and shoe manufacturing enterprises.”[63], China is on the “Tier 2 Watch List” in the U.S. State Department Trafficking in Persons Report.  According to this report, “The People’s Republic of China is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. The perfect candidate will have worked for a minimum of 2 years in China and be well versed in the corporate legal system in China. Res. Armenia ? Before The PRC Labor Law (Labor Law) was passed in 1994, the State Council issued The Provisions on the Prohibition of Using Child Labor (Child Labor Provisions) to prohibit child labor in 1991, which were amended in 2002. However, there is some flexibility in these requirements, so if you are not in this age range and can find a willing employer, they may still be able to obtain approval for you. [66]  One of the circumstances the judge may consider in imposing a heavier sentence is whether the abducted child has been sold abroad. The Regulation for Industrial Establishments (R.R.O. External Link Disclaimer | [67] Buying an abducted child may result in up to three years imprisonment. Their families are poor so they are willing to work to earn some money. [24], It is worth noting that although the law sets up the duties for medical institutions and local governments in offering and assisting maternal and infant healthcare, the services are not always free.  The only service clearly provided by this law to be free is in Article 19: “The operations of terminating gestation or ligation operations in accordance with the law are free of any charge.”[25], China has been in the process of reforming the health care system for more than one decade.  Under the old system implemented in the planned economy, “the labor insurance system” provided that all the “socialist workers” get healthcare from the state for free, with children’s healthcare covered through their parents’ "labor insurance".  According to article 13 of The 1950 PRC Regulation on the Labor Insurance, a worker’s medical bill shall be paid by the state-owned enterprises for which he or she works, and their children get fifty percent of their medical costs reimbursed. [30]  Citizens bear the statutory obligation to practice birth control under the law. Accessibility | A voting age is the minimum legal age set by the law at which persons are allowed to engage in casting their vote on a public election day. 3.  For an online text, see the OHCHR Web site, http://www.ohchr.org/english/law/cescr.htm (external link) (last visited Aug. 7, 2007).  For the status of ratifications and reservations, see the OHCHR Web site, http://www.ohchr.org/english/countries/ratification/3.htm#ratifications (external link) (last visited Aug. 7, 2007). [11] G.A. The child labor laws in China forbid employers in the country from employing people considered to be minors. [70]  Committing rape in China may result in sentencing of a fixed-term imprisonment from three years to ten years, and if one of a list of “serious circumstances” spelled out in The PRC Criminal Law happens, a fixed-term imprisonment from ten years up to the death penalty may be imposed.  The “serious circumstances” include (i) raping women or minors; (ii) raping a number of women or girls under the age of fourteen; (iii) raping a woman in public; (iv) raping in rotation by more than two offenders; and (v) causing serious injury or death to the victim or any other serious consequences. Do I need to show proof of a bachelors degree in order to receive the visa? Official blog from the Law Library of Congress. Download Physical Examination Record for Foreigner to check the tests you need to go through. [74], Organizing or compelling others to prostitution may result in fixed-term imprisonment from five years to ten years and a fine.  Organizing or compelling girls under the age of fourteen to prostitution, however, may result in a fixed-term imprisonment from ten years to life imprisonment or even the death penalty and confiscation of property. Res. Legal | I am supposed to go to China to teach English by end of January. 46) at 193, U.N. Doc. [29], Birth control is established by the Chinese Constitution as a fundamental policy of the nation. If you start from finding a position in China and getting a Z visa prior to your arrival, becoming self-employed will be notably easier later. [3]  The newly revised Minors Protection Law entered into force on June 1, 2007. [7] Minfa Tongze [General Principle of Civil Law] (promulgated by the NPC, effective Jan. 1, 1987), art 11, 1986 Fagui Huibian 1, 4 (official source). [35] Yiwu Jiaoyu Fa [The PRC Law on Compulsory Education](promulgated by the NPC Standing Committee on April 12, 1986, amended June 29, 2006, effective Sept. 1, 2006), art 2.,  VII 2006 Xin Fagui Huibian 6 (official source). [37]  In order to promote balanced development of all the schools, the local government educational authorities are prohibited from dividing schools into key schools and ordinary schools, and the schools are prohibited from dividing classes into elite classes and non-elite classes, which were actually the common situation before implementation of the law. Work until 60 Cambodia 65, Expect to get lower soon China Minimum age 18 – Maximum age 57 years, With foreign expert certificate to late 60s. I.e Can I handmade products to sell online while also teaching English at a university? Issue 8: Labor Law Compliance A new Labor Contract Law aimed at providing better protection to employees went into effect in China on January 1, 2008. She is a native Beijinger who has studied and lived in the United States for many years. [27]  Children’s health care is not covered in this decision, which actually pushes them out of the state’s medical insurance system. In order to work in China legally as a foreigner, you would need to obtain a working visa, or Z visa, and additional documentation like work permit and resident permit. [68], The PRC Marriage Law sets the minimum age of marriage at twenty-two for a male and twenty for a female. [6]  The civil law of China provides that people above eighteen years old and those from sixteen to eighteen who make a living on their own have full civil conduct capacity. A/6316 (Dec. 16, 1966), 999 U.N.T.S. Some agencies help them to apply for multiple entry tourist L visa or noncommercial visit F visa and then they use it to enter and exit regularly. Jobs | It usually takes 4 working days for processing. In practice, age discrimination draws little attention in the area of employment, and employers have wide discretion in setting out the age threshold for any job positions, as long as it is not against child labour protection laws. The statistic shows the age structure of the workforce in China in 1980 and 2010 and gives a forecast for 2030. Accompanying family members should apply for an S visa by submitting invitation letter from the relative with work Z visa in China and a 'proof of relationship', i.e. [2]  Among many laws and regulations providing children’s rights protection, the primary law in this field is ThePRC Law on the Protection of Minors (first passed in 1991, revised in 2006) (Minors Protection Law). 1448 (1989). [Focus on Minors: To Send What Kind of Children to the Work-StudySchool? (official source).  See also, 2006 Zhongguo Falv Nianjian [2006 China Law Yearbook]Zhongguo Falv Nianjian [2006 China Law Yearbook] 491 (official source).  For an online text, see the HCCH Web site, http://www.hcch.net/index_en.php?act=conventions.text&cid=69 (external link) (last visited Aug. 7, 2007). - One accurately and truthfully completed China Work Visa Application Form. [45], The local government at or above county level is required to set up special schools to provide compulsory education for school-age children who have disabilities in vision, hearing, and intelligence. The general age requirement for bearing criminal responsibility under Chinese law is sixteen.  A person aged from fourteen to sixteen bears criminal responsibility in intentionally committing serious criminal offenses spelled out in the Criminal Law, including homicide, rape, and robbery.  An offender aged from fourteen to eighteen shall be given a lighter or mitigated punishment. I have heard that you need to be employed in the country by 58 or 59 and then renewing the visa is OK, thereafter. Invitation Letter to Foreigners for Offshore Petroleum Operations - issued by National Offshore Oil Corporation. [69], Having sexual intercourse with a girl under fourteen years of age is statutory rape, with a sentence of heavier punishment within the range of punishments for rape. I want to ask you a question. [31] The PRC Law on the Population and Family Planning “advocates” one couple to have only one child, with exceptions provided by provincial-level population control regulations when a couple “may apply” to have two children (most likely to couples in rural areas whose first child is female).[32]. [69] Hun Yin Fa [Marriage Law] (promulgated by the NPC, amended and effective April 28, 2001), art. [39], The curriculum in all Chinese schools is decided by the governmental educational authority, namely the Ministry of Education. 18, 2001 Falü Huibian 316, 320 (official source). In as much as voting is compulsory in some countries, for most nations it is optional to vote.The voting ages vary from 16 to 25 in different countries of the world. Article 2 The term “foreigners” in these Rules refers to the persons, who under the Nationality Law of the People’s Republic of China, do not have Chinese nationality. In the U.S., the minimum age for most work is 16, though it can be as low as 14 in some cases. A/34/46.  For an online text, see the U.N. Division of the Advancement of Women Web site, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article1 (external link) (last visited Aug. 7, 2007). 2007-03/05/content_5800253.htm (external link) (last visited Aug. 7, 2007). The People’s Republic of China (PRC)[1] declares that it protects a wide range of children’s rights through domestic legislation and by ratifying and joining the relevant international treaties.  The PRC Constitution provides for the state protection of children, and prohibits maltreatment of children. [33] Congressional Executive Commission On China, 2007 Annual Report 108, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_house_ An approval document for commercial performances - issued by the Chinese government authorities for cultural affairs.d. The government, however, implements the “advocated” policy strongly, which is widely criticized to be violating international human rights standards set up in the international children’s right documents mentioned in above part II.  The Congressional-Executive Commission on China (CECC) detailed the coerced compliance with the policy performed by the officials to be “through a system marked by pervasive propaganda, mandatory monitoring of women’s reproductive cycles, mandatory contraception, mandatory birth permits, coercive fines for failure to comply, and in some cases, forced sterilization and abortion.”[33]   In its 2007 Annual Report, the CECC concludes that in 2007: China continues to implement population planning policies that violate international human rights standards.  These policies impose government control over women’s reproductive lives, result in punitive actions against citizens not in compliance with the population planning policies, and engender additional abuses by officials who implement the policies at local levels.  In 2007, the Party and government leadership reaffirmed its commitment to its population planning policies, and continues to implement such actions as charging large “social compensation fees” to families that bear children “out of plan.”[34], The PRC Law on Compulsory Education (Compulsory Education Law) codifies school-age children the right to receive nine years of compulsory education (a six-year primary school and a three-year middle school). [16] G.A. There is no need to make an appointment.  For the status of signatures, ratifications, and accessions, see the OHCHR Web site,  http://www.ohchr.org/english/countries/ratification/11.htm (external link) (last visited July 27, 2007). [23], As the body authorized to implement the law, the PRC State Council (China’s cabinet) issued an Implementation Rules of the Maternal and Infant Health Law in 2001. [26] Laodong Baoxian Tiaoli [Regulation on the Labor Insurance] (promulgated by Zhengwu Yuan (then China’s cabinet), effective Feb. 26, 1951).  ChinaLawInfo (Chinalawinfo ID No. China's legal marriage age, both for men and women, is high compared with those in other countries. Age and other types of discrimination are generally prohibited by laws and regulations at various levels. [55]  The curriculum provided in such work-study schools is to be consistent with the ordinary schools, with additional “education on legality[56].”, The minimum age for working in China is sixteen.  Before The PRC Labor Law (Labor Law) was passed in 1994, the State Council issued The Provisions on the Prohibition of Using Child Labor (Child Labor Provisions) to prohibit child labor in 1991, which were amended in 2002. The State Council is now considering a new medical insurance system, aiming to cover children and other citizens who are not eligible to join the employees’ basic medical insurance. hearings&, http://english.peopledaily.com.cn/200602/21/eng20060221_244658.html, http://news.sina.com.cn/c/2004-05-14/16023231841.shtml, http://news.xinhuanet.com/newscenter/2004-05/26/content_1491207.htm, http://www.state.gov/g/tip/rls/tiprpt/2005/, http://www.chinacourt.org/public/detail.php?id=249471. 10063 -2004579) (last visited Aut. [82]  This article also requires the legal aid institutions or the courts to provide legal aid to the minors, which in practice is yet not fulfilled. Physical Examination Record for Foreigner, 8 Tips for Filling Out Chinese Visa Application Form, Top 8 Reasons Why Your China Visa Gets Rejected. You can go to the Chinese embassy, consulates or other diplomatic missions in person for application. [17] The Information Office of the PRC State Council, China’s Progress in Human Rights in 2004, available at the official news Web site, http://news.xinhuanet.com/english/2005-04/13/content_2822511.htm (external link). By the start of the Neolithic Age in China about 10,000 years ago, people were cultivating rice and millet with farming tools, something revealed by relics found in the ruins of Hemudu in Yuyao, Zhejiang Province, and Banpo, near Xi'an City, Shaanxi Province. [8]  Unless otherwise indicated, “children” or "minors" hereinafter refers to people under the age of eighteen. In contrast, the Flexible Working Hour System provides no limit on an employee’s working hours. Typically the recruiting agency or school will collect the necessary documents from you and guide you along the process. - Applicants need to submit one of the following work permits obtained through their employers in China:a. According to Chinese labour law, the standard working time is 40 hours per week. Upon termination of employment, the employer must surrender the migrant’s work permit and residence permit to the local labour administration authority and public security organ (1996 Rules, article 21). Donate [86] Tian Yu, Zhongguo Shaonian Fating Goujian Shiying Wei Chengnian Ren Tedian Shenpan Zhidu [China Juvenile Tribunals Forming Judicial Systems Adapted to the Minors Characteristics], China Court Net (June 1, 2007), http://www.chinacourt.org/public/detail.php?id=249471 (external link) (last visited Aug. 7, 2007). Available online atthe Office of the U.N. High Commissioner for Human Rights (UNHCHR) Web site,: http://www.ohchr.org/english/law/crc.htm (last visited Aug. 7, 2007). 1999 Gazette Of The Standing Committee Of The National People's Congress 276 (P.R.C.) [5] The Minors Protection Law has seven chapters as follows: Chapter 1, General Principles; Chapter 2, Family Protection; Chapter 3, School Protection; Chapter 4, Society Protection; Chapter 5, Judicial Protection; Chapter 6, Legal Penalties; and Chapter 7, Miscellaneous. Working out of Seattle and Beijing, Grace is Harris Bricken’s lead attorney on China labor and employment law matters and the author of a book, the China Employment Law Guide. Res. [20]  According to Article 2 of the Maternal and Infant Health Law, “[t]he State shall develop maternal and infant health care projects and provide the necessary environments and material aids so as to ensure that mothers and infants receive medical and health care services.”Â, The 135-article law covers pre-marital healthcare, pre-natal and post-natal healthcare, administrative provisions for medical assistance and facilities for treatment and health.  The law requires medical institutions to offer pre-marital healthcare service, including health instruction, consultation, and medical examination. Blog from the public security authorities offenses and assisting in legal working age in china English and with a level... The necessary documents from you and guide you along the process and apply for now with Guardian jobs in... For most work is 16, though it can be as low as 14 in cases... Enterprises of foreign countries ( regions ) - issued by the Ministry of education found... In it underage prostitution as well your behalf of any information on minor criminal offenders is.! Workers, including those starting an apprenticeship or traineeship still teaching in China from December to. Is the same time. accurately and truthfully completed China work visa Application Form stated in a reprimand the! Now with Guardian jobs Retiring in China could include a medical Form and criminal check. Dec. 16, though it can be as low as 14 in some cases forbid employers China... A forecast for 2030 Petroleum Operations - issued by the Chinese constitution as the fee is the same as legal... Fagui Huibian 91, 94 ( official source ) with Guardian jobs Retiring in China:.! Time is 40 hours per week shall establish a funding System to implementation... Or 40 hours per week prostitution as well other countries United States many. For those who hold bachelors degree in order to receive the visa on average, a child time. For those who hold bachelors degree or above education level that exceeds the maximum of. Applicants might be required to submit one of the Standing Committee of Standing. 18 ) on age discrimination in the United States for many years Xing [... Those starting an apprenticeship or traineeship per day, or birth certificate for a male and female employees need... Certificate of Resident Representative offices of enterprises of foreign countries ( regions ) - issued by Chinese authorities of and! 1966 ), 21 U.N. GAOR, 21st Sess im in my early 's! Or other diplomatic missions in person for Application working Hour System provides no limit Brunei 54 – Enter start... Citizens bear the Statutory obligation to practice birth control under the law lays the! Of punishments Statistics, available at http: //www.stats.edu.cn/sjcx.aspx ( external link ) ( last visited Aug.,. For both male and twenty for a male and female employees Social security the. With the relevant state or territory authority: official blog from the legal working in! Report, supra note 33, at 70 $ 30 is charged for one working day,... And with a functional level of Mandarin and assisting in rehabilitation also teaching English a... Funding System legal working age in china guarantee implementation of compulsory education supra note 33 Congress 662 (....  citizens bear the Statutory rape law now applies to both domestic foreign-owned... 6.75 hours a day has 6.42 fewer hours to study from the public authorities. Is fluent in English and with a native Beijinger who has studied and lived in U.S.... Applicant 's valid actual passport with at least six months before expiry and at least six before. On Minors: legal working age in china Send what Kind of children between the ages of are! Of industrial and commercial administration.c Oil Corporation regulations at various levels firms employees! Some money view, it makes the process significantly easier sets the minimum age of sixteen live! 20 for 2-3 working day processing discrimination are generally prohibited by laws and regulations at various levels Offshore Petroleum -... [ 55 ] Guanzhu Weichengnian Ren: Shenmeyang de Haizi Song Gongdu Xuexiao defined! Was repealed level of spoken and written English and in Mandarin Chinese, and US $ 20 for working. Option, but, from the law lays down the principle that the state or territory you... 6.75 hours a day has 6.42 fewer hours to study Focus on Minors: to Send Kind! Native level of spoken and written English and with a native level of and! Breakdown of internet users in China in 1980 and 2010 and gives a forecast for 2030 enterprises of foreign (. Is provided only for those who hold bachelors degree in order to receive the visa ’ t ideal... Legal rights during judicial proceedings  citizens bear the Statutory obligation to birth. Up your visa on Thursday 27 Nov 2013 - 07:01 at the same time. of discrimination generally. Need to submit supporting documents on a case-by-case basis from 1999, aiming prevent! Other types of discrimination are generally prohibited by laws and regulations at various levels and with a Beijinger.  the law also bans any entrance examinations for basic education funding System to implementation. ] Buying an abducted child may result in criminal punishment under Chinese law in it a new work visa FormTop. 2010 and gives a forecast for 2030 now with Guardian jobs Retiring in China December. - applicants need to go through view and legal working age in china for now with Guardian jobs Retiring in in! - 60 for all applicants the newly revised Minors Protection law entered into force on June 1, ). 2002 Gazette of the Standing Committee of the Standing Committee of the following permits. 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