ABSTRACT

This chapter outlines the development of Chinese legislation governing foreign nationals and the changes in the overall legal framework. It analyzes the level of protection of rights of foreign nationals in the area of labour law and legal remedies against measures taken on the basis of the Exit-Entry Administration Law. The chapter argues that recent reforms have been more symbolic than functional and that the protection of rights of migrants has not been significantly improved by recent reforms. The continuing growth of the economy, the transition to an urban and service-based economy that demands highly skilled labour, and demographic trends lead to labour shortages that in turn fuel flows of international migration to China. Legal residence of foreign nationals for work purposes requires obtaining a number of approvals from different authorities and the active participation of the employer in the application procedure.