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IMPACT – HIGH
What is the change? Beijing is closely screening older foreign workers who are applying for or renewing work permits.
What does the change mean? Foreign workers nearing age 60 are likely to be denied an initial work permit, and foreign workers who have reached age 60 when renewing their work permit will undergo a preassessment process that will delay applications and could result in denial of an extension.
Background: The retirement age in China is generally 60 for men and 55 for women, but each jurisdiction applies its own age limit for work permits and residence permits.
The Beijing Labor Bureau is now enforcing its age limit of 60 for both male and female foreign workers. For a first-time applicant, the employer must provide documentation of the employee’s qualifications for the job, and the decision is left to the discretion of the local bureau. For renewal applicants who have reached age 60, the bureau will conduct a preassessment before the expatriate employee may submit the application. The preassessment is estimated to take three weeks.
BAL Analysis: In the past, Beijing was relatively flexible about issuing work permits to foreign employees who had reached or exceeded age 60 as long as the applicant had a strong supporting letter. Employers should now expect a higher burden of proof and greater difficulty in obtaining new and renewal permits for foreign employees in Beijing who are approaching age 60 and older.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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