What Foreigners Need to Know When Hiring Employees in China？

文化 2024-12-17 23:46 中国香港

Foreign nationals hiring employees in China must adhere to various local laws and regulations. Here’s a detailed guide for foreign employers to consider when recruiting staff in China.

Case Example

Suarez (a pseudonym), a foreign investor from Chile, recently visited Shanghai for a market survey and was impressed by China’s open business environment. He decided to register a trading company and now plans to hire several employees. He reached out for advice on what to pay attention to when recruiting in China.

Legal Expert’s Response

Hello! According to the Foreign Investment Law of the People's Republic of China, particularly Articles 2, 3, and 6, your company is considered a foreign-invested enterprise operating within China. As an employer, you must comply with Chinese laws and regulations, ensuring that your hiring practices do not endanger national security or public interests. We recommend paying attention to the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of China, which provide important guidance.

Key Points to Keep in Mind:

1.Sign a Legal and Compliant Labor Contract

(1)Under Article 8 of the Labor Contract Law, employers must truthfully inform employees about job responsibilities, working conditions, location, potential hazards, safety measures, compensation, and any other relevant details. Employees, in turn, are required to provide accurate information.

(2)When hiring employees, you should establish labor contracts based on mutual agreement, ensuring clear, detailed terms regarding job roles, working conditions, and compensation.

(3)As a foreign-invested enterprise, you may need to inform candidates if their roles involve liaising with foreign companies or require travel abroad.

(4)Additionally, according to Article 10, if a written labor contract is not signed within one month of employment, employees have the right to claim double wages for the period exceeding one month but less than one year.

(5)If there are changes to the work duties, location, or pay after the contract is signed, these changes should be documented in writing, either through a supplementary agreement or by signing a new contract.

2.Set a Reasonable Probation Period

According to Article 19 of the Labor Contract Law, the probation period should be reasonable and is dependent on the contract's duration:

(1)If the contract is 3 months to less than 1 year, the probation period cannot exceed 1 month.

(2)For contracts between 1 and 3 years, the probation period cannot exceed 2 months.

(3)For contracts of 3 years or more (including indefinite contracts), the probation period cannot exceed 6 months.

Ensure that the probation period is clearly stated in the labor contract. Any probation period exceeding these limits will be invalid, and the employee will automatically be considered a regular employee after the overage period.

3.Comply with Working Hours and Social Insurance Regulations

(1)When recruiting in China, you must provide a safe working environment, reasonable rest periods, and legally compliant social insurance benefits for your employees.

(2)According to Article 36 of the Labor Law, the standard working hours are a maximum of 8 hours per day and 44 hours per week. Overtime must be approved, and the hours and compensation for overtime must be reasonable.

(3)If the job requires flexible hours, you may apply for a non-fixed working hours system or a comprehensive working time calculation.

(4)As an employer, you are also required to contribute to social insurance for your employees under the Social Insurance Law of the People's Republic of China. For foreign employees, the Interim Measures for Foreigners Employed in China to Participate in Social Insurance stipulate that those from countries with bilateral or multilateral social security agreements with China must follow the provisions of those agreements regarding social insurance participation.

4.Special Considerations for Foreign Employees

(1)Under the Exit and Entry Administration Law of the People's Republic of China (Article 41), foreign employees must have the proper work permit and residence visa to legally work in China.

(2)According to the Regulations on Employment of Foreigners in China (Articles 17, 18, and 19), the duration of the labor contract with foreign employees should not exceed five years. If the contract is extended, the relevant visa or work permit must also be renewed in a timely manner.

Conclusion

Foreign companies operating in China must ensure that they comply with local labor laws and regulations, including proper contract management, adherence to working hour and compensation laws, and social insurance obligations. Additionally, special attention should be given to the employment and visa requirements for foreign workers. By understanding and adhering to these legal requirements, foreign employers can ensure smooth operations and avoid potential legal risks in China.

Watch full video>>>> Halloween Night Tour: Chengdu's Lankwaifong Night Clubs Bar Nightlife in 4K HDR 万圣节夜游：成都LKF兰桂坊夜生活 https://www.youtube.com/watch?v=lLenM98XAus

Click to read >>> Official: China’s 2025 Holiday Schedule Released

sponsor

Get Your WeChat Official Account Now!! Hurry Up! Cheap & Reasonable Cost. Very fast Registration, Setup & Customization Service- Includes free promotion.

Scan qr code for more details.

__________________________________________________

Target your Business Ad Promotion to 80k+ to 200k+Audience, For Effective Affordable Advertisement Promotion in official platform daily articles, 1000+ Wechat groups, and WeChat moments. Contact Laura Wechat id: extreme_world 需要打广告推送8万-20万多人。扫描联系！

Watch full video>>>>Unbelievable: A Subway Station Inside a Residential Complex in Liziba, Chongqing! 李子坝的轻轨：重庆的建筑奇迹 https://youtu.be/Wx6GO_VTAro?si=7HluhZ1MEfVm1c0w

Click "Read more" at the bottom(L) to watch all videos...

Press “wow”

GuideinCHN

GuideinChina- Live a Better life in China, To Assist Foreigners live Convenient and Enjoyable life in China

最新文章

The Restrictions on area of stay relaxed for foreign nationals

Wechat Pay upgraded, you can use these 8 overseas Apps instead

China extends visa-free transit stays to 240 hours

China Fully Expands and Optimizes Transit Visa-Free Policy

What Foreigners Need to Know When Hiring Employees in China？

Chinese Embassy urges citizen vigilant against robberies, fraud

Mistress sues wife who refused to divorce after getting ¥1.2 mil

After Ban Lift, Many China-Bound Flights Reportedly Canceled

Important Update: New China Entry Taxation Rules, From Dec 1

6 detained for partial collapse of ice rink in Jilin caused by..

34 new measures to facilitate work, life of foreign talent in ..

She demanded $4 mil. for divorce, husband pushes her off cliff

Foreigns' new ID card, don't need to take your passport any more

Strongest passport in the world allows access to 180 countries

Adjustments to duty-free limits for inbound travelers from Dec 1

WeChat Withdrawals Free of Service Fees? Tencent Responds

How To Use the Electronic Social Security Card

WeChat Update: Bulk Friend Deletion, Moments on PC & More

After ban lifted, woman gets 3,500,000+ followers within 1.5 day

Official Notice：Integration of Work Permit& Social Security Card

Many Intl Flights Reportedly Canceled by China Major Airlines

China Launches Pilot Program to Open Foreign-Owned Hospitals

Foreign nationals deported, denied entry, fined ¥2000-3000

With dead roaches & used condoms, student scams 63 hotels

15 Dead, 44 Injured in Major Fire: Investigation Report Released

@Foreigners working in China, no more physical Work Permit Card

46 held accountable for coal mine explosion causing 11 deaths

No more Work Permit from Dec 1, prove you working legally by....

China to regulate CEO romance dramas, warns against materialism

Don’t Let Others See Your Chats: Clear These WeChat Folders

The recycling of "gutter oil" is 100% legal, don't spread rumor

New cold wave to sweep China, temperature to drop suddently

Bored man makes fake 'wanted poster,' faces police probe

Full list of 40 countries that can stay visa free for 30 days

Halloween Night Walk Tour: Chengdu's Lankwaifong Night Clubs 4K

Visa-free stay extended to 30 days, 9 more countries included

Halloween Night Walk Tour: Chengdu's Lankwaifong Night Clubs 4K

Five Foreigners Denied Entry for Using Forged Documents

New Cold Wave to Hit, Temperatures Plunge by Up to 12°C

Walking Tour of Chongqing Raffles 4K HDR | Discover the City

Unbelievable: A Subway Station Inside a Residential in Liziba

Girl falls 4 storeys to her death after glass railing gave way

40+ dogs poisoned to death, some pet owners mask up dogs

Walking Tour of Chongqing Raffles 4K HDR | Discover the City

Unbelievable: A Subway Station Inside a Residential in Liziba

Man armed with weapon kills one becaue of a traffic dispute

Driver rams car into people in Changde, Hunan

Walking Tour of Chongqing Raffles 4K HDR | Discover the City

Unbelievable: A Subway Station Inside a Residential in Liziba

China Considers Restoring Visa-Free Entry for...

分类

时事

民生

政务

教育

文化

科技

财富

体娱

健康

情感

旅行

百科

职场

楼市

企业

乐活

学术

汽车

时尚

创业

美食

幽默

美体

文摘

原创标签

时事社会财经军事教育体育科技汽车科学房产搞笑综艺明星音乐动漫游戏时尚健康旅游美食生活摄影宠物职场育儿情感小说曲艺文化历史三农文学娱乐电影视频图片新闻宗教电视剧纪录片广告创意壁纸头像心灵鸡汤星座命理教育培训艺术文化金融财经健康医疗美妆时尚餐饮美食母婴育儿社会新闻工业农业时事政治星座占卜幽默笑话独立短篇连载作品文化历史科技互联网

发布位置

广东北京山东江苏河南浙江山西福建河北上海四川陕西湖南安徽湖北内蒙古江西云南广西甘肃辽宁黑龙江贵州新疆重庆吉林天津海南青海宁夏西藏香港澳门台湾美国加拿大澳大利亚日本新加坡英国西班牙新西兰韩国泰国法国德国意大利缅甸菲律宾马来西亚越南荷兰柬埔寨俄罗斯巴西智利卢森堡芬兰瑞典比利时瑞士土耳其斐济挪威朝鲜尼日利亚阿根廷匈牙利爱尔兰印度老挝葡萄牙乌克兰印度尼西亚哈萨克斯坦塔吉克斯坦希腊南非蒙古奥地利肯尼亚加纳丹麦津巴布韦埃及坦桑尼亚捷克阿联酋安哥拉