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legal working age in china

25 (1982) (P.R.C). Res. [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. [16], With regard to the implementation of its promises for international cooperation, the Chinese government reported in its 2004 human rights white paper that it “conscientiously wrote its first reports on the implementation of the “International Covenant on Economic, Social and Cultural Rights” and the “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.”[17]  It also claimed to have held a seminar on the questionnaire of the UN Independent Expert on Violence against Children, “given an honest, detailed answer to it, and submitted it to the United Nations.”[18]  In addition, “in December 2004, China submitted to the United Nations its answer to the questionnaire on child pornography on the Internet based on careful study.”[19], The primary law governing child health in China is The PRC Law on Maternal and Infant Health (promulgated by the NPC Standing Committee, effective June 1, 1995) (Maternal and Infant Health Law). This system does not allow for a lot of flexibility since work done outside the normal working hours is considered overtime that obligates the employer to pay overtime. [3] The PRC Law on the Protection of Minors, 2007 Gazette Of The Standing Committee Of The National People's Congress 5 (P.R.C) (official source). (official source).  See also 2003 Zhongguo Falv Nianjian [2003 China Law Yearbook] 701 (official source).  For an online text for the convention, see the OHCHR Web site, http://www.ohchr.org/english/law/childlabour.htm (external link) (last visited Aug. 7, 2007).  A list of the status of signatures, ratifications, and accessions is available on the same Web site, at http://www.un.org/womenwatch/daw/cedaw/states.htm (external link) (last visited Aug. 7, 2007).  China made a reservation to paragraph 1 of article 29 with regard to dispute resolution. [61] E.g., The CECC 2007 Annual Report, supra note 33, at 70. [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. Hi ,I’m Mrs Nadia . [57]  In 2003, eight central government authorities including the Ministry of Labor, the Ministry of Public Security, and the Ministry of Education jointly issued a notice to reinforce implementation of Child Labor Provisions. [65], To commit the crime of abducting and trafficking a woman or child in China may result in a range of punishments from five years imprisonment to the death penalty, according to The PRC Criminal Law. ], an official Xinhua News Agency report, available at http://news.xinhuanet.com/newscenter/2004-05/26/content_1491207.htm (external link) (last visited Aug. 7, 2007). The Minors Protection Law requires the judiciary to protect minors’ legal rights during judicial proceedings. [66] Xing Fa [Criminal Law], art. 21638) (unofficial source). - One recent passport standard photo affixed to the Application Form. i’m singaporean and my boyfriend is from china. [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). In the U.S., the minimum age for most work is 16, though it can be as low as 14 in some cases. External Link Disclaimer | China's legal marriage age, both for men and women, is high compared with those in other countries. Any work that exceeds the maximum limit of 8 hours per day, or 40 hours per week, is considered overtime. [16] G.A. 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. 12 jobs to view and apply for now with Guardian Jobs 46) at 193, U.N. Doc. 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. 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. A/44/49 (1989); 28 I.L.M. [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. [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. 49 (1982) (P.R.C). [58], Article 15 of the Labor Law prohibits an employer to recruit minors under the age of sixteen, with exception made for institutions of literature, art, physical culture, and special crafts which may recruit minors through investigation and approval of the government authorities, and must guarantee the minors’ rights to compulsory education. Hi dear, you have to legalize your marriage certificate, and send it to your employer with your degree and police clearance to include your wife's name in your work permit, and then she can get her family visa and travel with you in the same plan. [43] China Education Statistics, available at http://www.stats.edu.cn/sjcx.aspx (external link) (last visited Aug. 7, 2007). Res. Check what age you can start work with the relevant state or territory authority: 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. 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. 851) made under the Occupational Health and Safety Act (OHSA) sets out minimum-age restrictions for workers covering workplaces such as offices, stores, arenas, restaurants and factories, but people younger than the specified age may visit, though not work in the above establishments if they: Res. [75], Inducing girls under the age of fourteen into prostitution may result in fixed-term imprisonment of five years and fine. [45] Woguo Liudong Ertong Shixuelv Gaoda 9.3% [The Dropout Rate from School of Floating Children in China Is as High as 9.3%], China Youth Daily (May 14, 2004), available at http://news.sina.com.cn/c/2004-05-14/16023231841.shtml (external link). 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. 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. 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). ChinaLawInfo (Chinalawinfo ID No. Log in or register to post comments; Anonymous (not verified) on 27 Nov 2013 - 07:01. 35752) (unofficial source). [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. This Z visa itself only allows a stay duration of 30 days from the date of arrival in China, during which time you and your employer must seek a Temporary Residence Permit for the duration of your contract, to a minimum of 90 days and a maximum of 5 years. The age limit is 18 - 60 for all applicants. (official source). [44] Guowuyuan Bangongting Zhuanfa Jiaoyubu Deng Bumen Guanyu Jinyibu Zuohao Jincheng Wugong Jiuye Nongmin Zinv Yiwu Jiaoyu Gongzuo Yijian De Tongzhi [State Council Circular Transmitting the Opinion of the Education and Other Ministries Relating to Further Work on Migrant Children’s Compulsory Education] (Sept. 17, 2003), available at the online subscription Chinese law database Chinalawinfo (Chinalawinfo ID no. 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. [84] This article just repeats existing laws.  Article 57 provides separate custody or imprisonment of minors from an adult jail or prison population, and provides for compulsory education for minors in prison. [10] G.A. An additional US$ 30 is charged for one working day processing, and US$ 20 for 2-3 working day processing. She is fluent in English and in Mandarin Chinese, and works out of Harris Bricken’s Beijing and Seattle offices. The Regulation for Industrial Establishments (R.R.O. (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). A/RES/54/263 of 25 May 2000.  For an online text, see the UNHCHR Web site, http://www.unhchr.ch/html/menu2/dopchild.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/11_c.htm (external link) (last updated July 13, 2007) (last visited Aug. 3, 2007). August 2007, [1] For purposes of this report only, the “PRC” and “China” used hereafter refers to the mainland of the People’s Republic of China, with the exclusion of the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Taiwan. I have an offer to teach English in China. USA.gov, Implementation of International Rights of the Child, http://www.ohchr.org/english/countries/ratification/11.htm, http://www.unhchr.ch/html/menu2/dopchild.htm, http://www.ohchr.org/english/countries/ratification/11_c.htm, http://www.ohchr.org/english/law/cescr.htm, http://www.ohchr.org/english/countries/ratification/3.htm#ratifications, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article1, http://www.un.org/womenwatch/daw/cedaw/states.htm, http://www.ohchr.org/english/law/childlabour.htm, http://www.hcch.net/index_en.php?act=conventions.text&cid=69, http://www.ohchr.org/english/law/ccpr.htm, http://www.ohchr.org/english/countries/ratification/4.htm, http://news.xinhuanet.com/english/2005-04/13/content_2822511.htm, http://www.gov.cn/zwgk/2007-07/24/content_695118.htm, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_house_ Jobs | [28] Local governments, especially those in developed areas, are establishing local medical insurance systems for the children residing in those areas. The minimum retirement age in China is 60 for male and 50 for female, provided they have worked and paid social security contributions for at least ten years. In 2012, China declared its first absolute drop in the working-age population in "a considerable period of time." Would the Z visa allow that? [30] Article 25 of the PRC Constitution reads: “The state promotes family planning so that population growth may fit the plans for economic and social development.” Xian FA art. their marriage certificate for a spouse, or birth certificate for a child. 17, 2001 Falü Huibian 316, 320 (official source). [86] Broadcasting of any information on minor criminal offenders is prohibited. Do I need to show proof of a bachelors degree in order to receive the visa? [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. [29] E.g., Suzhou, a rich city of Jiangsu Province in east China, implemented the Children’s In-Hospital Medical Insurance System.  Ertong Dabing Yiliao Baozhang Xu Jinkuai Quanguo Tongyi [Children’s Major Medical Insurance Needs to be Uniformed throughout the Country], http://news.xinhuanet.com/comments/ [24] Muying Baojian Fa Shishi Banfa [Implementation Rules of the Maternal and Infant Health Law] (promulgated by the State Council, effective June 20, 2001). Download Physical Examination Record for Foreigner to check the tests you need to go through. 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. China Work Visa Requirements & Documents 1. 2200A (XXI), 21 U.N.GAOR, 21st Sess., Supp. For example, you submit application on Monday and then you can pick up your visa on Thursday. There is no law on age discrimination in the People’s Republic of China (PRC). 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). [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. [38] Before the middle 1980s, because educational resources were scarce, selected “key schools” — usually those with records of past educational accomplishment — were given priority in the assignment of teachers, equipment, and funds.  They were also allowed to recruit the best students for special training to compete for admission to top schools at the next level. [40]  Text books will be reviewed and may be censored by the government and may not be used without pre-approval of the state. A significant number of Chinese women and children are trafficked internally for forced marriage and forced labor.”  The report admits the PRC government is making significant efforts to comply with the minimum standards for the elimination of trafficking.  Its placement on the Tier 2 Watch List is due to its failure to provide evidence of increasing efforts to combat trafficking, specifically its inadequate protection for trafficking victims, particularly foreign women and P.R.C. [8]  Unless otherwise indicated, “children” or "minors" hereinafter refers to people under the age of eighteen. Invitation Letter to Foreigners for Offshore Petroleum Operations - issued by National Offshore Oil Corporation. The working-age population, which covers ages between 15 and 59, took 67.6 percent of the country's total population in 2013, down 1.6 percentage points from 2012. [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. (No. Legal | [79]  An offender under the age of fourteen does not result in criminal punishment under Chinese law. Their families are poor so they are willing to work to earn some money. [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. One study found that on average, a child who works 6.75 hours a day has 6.42 fewer hours to study. Note that usually the work visa is a single entry, with the duration of stay being 000, which means the duration is to be determined by the Temporary Residence Permit you get after entering China. 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. 44/25, annex, 44 U.N. GAOR Supp. The child labor laws in China forbid employers in the country from employing people considered to be minors. Retiring in China. [7]  People aged from ten to eighteen have limited capacity of civil conduct, and may only engage in civil activities appropriate to the age range and intellect.  People under ten years old have no civil conduct capacity. [Back to Text]. Work (Z) visa for myself, but what should my wife do?  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). [87], Prepared by Laney Zhang In theory, the standard work week in China runs from Monday to Friday from 9:00 am to 6pm, but in reality, overtime is the norm and most local companies don’t compensate their workers for it. 7, 2007). Donate Age and other types of discrimination are generally prohibited by laws and regulations at various levels. [27]  Children’s health care is not covered in this decision, which actually pushes them out of the state’s medical insurance system. (No. This could include a medical form and criminal history check, which has been notarized and authenticated. - One accurately and truthfully completed China Work Visa Application Form. [15] G.A. A/6316 (Dec. 16, 1966), 999 U.N.T.S. Res. Despite this, do not take a risk by working as a domestic helper or employing one to avoid being fined.Note: The most common employment in China for foreigners is teaching English for which the minimum qualifications are stated as having English as a first language and having at least a Bachelors degree and two year teaching experience. 49) at 167, U.N. Doc. My employer obtains a new work visa each year. This age is usually stated in a country’s constitution as the legal voting age. 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. 18, 2001 Falü Huibian 316, 320 (official source). 49) at 167, U.N. Doc. Accessibility | (No. 44332) (unofficial source). 8 Tips for Filling Out Chinese Visa Application FormTop 8 Reasons Why Your China Visa Gets Rejected. Countries ( regions ) - issued by the Chinese constitution as the legal working age China! 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Do i need to submit supporting documents on a case-by-case basis is from China supposed to go..

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