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ARTICLE · 27 SEPTEMBER 2011

Shared Benefit or Shared Burden? Provisional Measures on Social Insurance for Foreigners Working in China

Provisional Measures on Social Insurance for Foreigners Working in China were issued on September 6.

ChinaEmployment and HR

The Provisional Measures on Social Insurance for Foreigners Working in China (the "Provisional Measures ") were issued on September 6, 2011 by the Ministry of Human Resources and Social Security and will come into effect on October 15, 2011. The Provisional Measures provide more specific rules on the requirement that foreigners working in mainland China should participate in the PRC social insurance scheme as stipulated in the PRC Social Insurance Law (promulgated on August 28, 2010, and came into effect on July 1, 2011). The Provisional Measures serve as a supplement to the provisions of the PRC Social Insurance Law.

Highlights:

1. Where an employer registered in the PRC hires a foreigner, both the employer and the foreigner are obligated to contribute to basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity leave insurance (the "Required Contributions").

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