Work-Study Permit in China

Work-Study Permit in China

To further improve the quality and efficiency of higher studies in China, the Ministry of Education, the Ministry of Public Security, the Ministry of Human Resources and Social Security, and the National Immigration Administration of the People’s Republic of China jointly formulated the measures for the management of Work-Study regulations for the international students enrolled in Chinese Universities or Colleges. The new policy essentially allows the international students enrolled in Degree-awarding courses, possessing valid residence permits, the right to work part-time while pursuing their studies. It is obligatory to receive approval from the educational institution and the local Exit-Entry Administration Bureau before an international student can take up the work.

The measures were officially released in January 2022.

Measures for the administration of work-study for international students in Colleges and Universities.

Article 1 To regulate the work-study activities of international students in colleges and universities and to improve the level of education opening to the outside world, these measures are formulated in accordance with the “Exit and Entry Administration Law of the People’s Republic of China”, “Regulations of the People’s Republic of China on the Administration of Entry and Exit of Foreigners”, “Regulations on the Administration of Students in Regular Institutions of Higher Education”, and “Administrative Measures for Schools Recruiting and Cultivating International Students”

Article 2 These Measures shall apply to institutions of higher learning that implement higher education for academic qualifications (hereinafter referred to as schools)

Article 3 The term “Work-Study” as mentioned in these Measures refers to the practical activities undertaken by the international students, under the organization and management of the school, in their spare time to obtain legal remuneration through labor and use the remuneration to improve their study and living conditions. The policy does not apply to the teaching and social practices organized by the school

Article 4 The on- and off-campus Work-Study activities of international students shall be conducted under the unified leadership and overall arrangement of the University in accordance with the principles of learning capacity, voluntary application, giving priority to poverty relief and abiding by discipline and law. The school shall formulate relevant implementation rules to clarify the specific measures for work-study for international students and the rights and responsibilities of corresponding internal functional departments.

Article 5 In principle, the work that is undertaken by the international students shall not exceed 8 hours a week and 40 hours a month. During summer or winter vacations, it shall not exceed 16 hours per week and 80 hours per month, in principle.

Article 6 The school shall not arrange or authorize students to participate in toxic, harmful, and dangerous production operations, and shall ensure that international students engaged in work-study activities have purchased insurance covering work-study activities

Article 7 For international students who work on-campus, the positions shall be mainly teaching assistant, scientific research assistant, administrative assistant, and school public service. The post setting should be arranged in such a way as to not only meet the needs of students but also avoid occupying normal learning time. The school shall arrange the remuneration as a whole for the international students’ on-campus work-study activities

Article 8 International students shall be paid according to the following standards: fixed positions in the school are paid monthly. In principle, the remuneration for 40 working hours per month shall not be lower than the minimum living standards of the local residents and may fluctuate appropriately
On-campus temporary positions shall be paid hourly. The hourly remuneration shall be reasonably determined in accordance with the minimum hourly wage standards stipulated by the people’s government where the school is located

The remuneration standard for off-campus work-study shall not be lower than the minimum wage standard stipulated by the local people’s government or relevant departments, shall be determined by the employer through consultation with the student, and the amount of remuneration shall be stated in the employment agreement

Article 9 To undertake off-campus work-study activities, the international students must meet the following essential conditions:
( 1 ) Be at least 18 years old and meet the physical conditions required for work-study positions
( 2 ) Hold a valid study residence permit in China, the remaining valid residence time being more than six months
( 3 ) Abide by Chinese laws and regulations and the school rules, have good conduct and good performance, and have no record of violations of laws and regulations
( 4 ) Be undergraduate students, graduate students, advanced students, or research scholars who have been studying in the current school for more than one year
( 5 ) Possess academic progress and attendance that meet the school requirements
( 6 ) Meet other conditions stipulated by the school

Article 10 Students shall submit a copy of the agreement signed with the employer to the school for the record and submit a unilateral commitment letter to commit risk-taking and other aspects

Article 11 International students engaged in work-study activities outside the school must apply for a residence permit to the entry-exit administration department of the local public security organ with submission of the relevant information on the work-study, such as the work unit and the term, within ten days in accordance with the relevant regulations. Students holding a residence permit without relevant information about work-study shall not be allowed to carry out work-study activities outside the school
International students who intend to change their off-campus work-study unit and time limit shall apply to the entry-exit administration department of the local public security organ with a new agreement and a letter of proof from the school to change and add information within ten days
International students who intend to terminate the off-campus work-study activities due to the termination of the agreement by the employer or other reasons shall submit a written report to the school within ten days and handle the change of annotation information to the entry-exit administration department of the local public security organ.

Article 12 The regional scope of work-study is limited to the municipal administrative region where the school is located. The duration of each application for work-study shall not exceed the validity period of the study residence permit, and the maximum period shall not exceed one year.

Article 13 The school shall cancel the international student’s work-study qualification and report to the exit Entry Administration Department of the public security organ promptly should any of the following circumstances occur:
He/She has/is
( 1 ) Completed, suspended, or dropped out of school
( 2 ) Violated the national laws and regulations or relevant school management systems
( 3 ) Low moral quality, violating public social order and good customs, resulting in adverse effects
( 4 ) Other circumstances where the school determines that it is no longer appropriate to continue work-study and if the work-study affects the studies.

Article 14 International students whose work-study work exceeds the scope of their positions or the prescribed time limit shall be investigated and dealt with by the exit and entry administration department of the public security organ as deemed fit by the law.

Article 15 Each provincial education administrative department should coordinate and supervise the work-study activities of international students within its administrative area in conjunction with the local public security, immigration management, human resources, social security, and other departments, and guide schools within its administrative area to combine the actual situation of the school and the local area, formulate and improve the implementation rules of work-study for international students, and implement dynamic management of the scope of work-study positions for international students following relevant local regulations.

Article 16 Schools should earnestly fulfill the main responsibility of international student work-study management, strengthen daily education, inspection, and tracking management, and standardize international students’ on-campus and off-campus work-study activities.

Article 17 These Measures shall come into force from the date of issuance.

Sources: Ministry of Education of the People’s Republic of China