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China’s Employer of Record
INS Global offers employer of record services to businesses who wish to establish payroll and hire employees in China without establishing a subsidiary or branch office. With the assistance of our in-house recruitment team, we will source, hire, and onboard your personnel in China. Our employees are compliant with China’s employment rules. You have complete control over your staff with us.
Employing in China
Prior to employing staff while launching a business in China, there are a number of factors to keep in mind. It is essential to put everything in writing to avoid misunderstandings and disputes between the parties. In addition, it is required by law that you provide your employees with a written employment contract during the first month of their employment. In the event that you are unable to do so, the employee is eligible to receive double their wage.
Understanding Chinese culture is essential if you want to expand your business into China, and our China employer of record can assist you. The ‘Face’ signifies the respect and reputation of its citizens; therefore, if you have anything to discuss with your personnel, you should do so in private. Otherwise, it would be deemed an insult in front of coworkers. The usual Bonus is referred to as the “thirteenth-month salary” It is a widespread practice in China, and employees should be aware of it during the beginning of their contracts.
Although Mandarin is the official language of China, numerous languages are spoken in different regions. Cantonese is the predominant language in the southwestern region of China, with Shenzhen, Hong Kong, and Guangzhou serving as the primary urban areas in the Guangdong Province. Similarly, only a few regions, like as Beijing, Shanghai, Tianjin, and Chongqing, have dialects that differ slightly.
Employment Conformity
If you intend to establish a subsidiary in China, you must examine a number of things. Business considerations that make you aware of employment contracts that must fulfill local regulations, in addition to being professionally created, are the most crucial. It should include the industry and type of business, nationality, and presence of trade agreements or business partnerships. Costs, regulations, and availability may differ between cities and regions. Therefore, counsel from China’s official employer is always advised. Listed below are some details that must be included in the contract:
Compensation – Minimum salaries may vary by province or city in China. For example, the minimum pay in Shanghai is approximately 2,480 CNY, whereas the minimum wage in Shenzhen is approximately 2,200 CNY and the minimum wage in Guizhou is approximately 1,570 CNY. Employers have the option of offering wages in cash or via bank transfer. Due to market rules, an additional bonus is permissible. In the initial contract, the employer may specify the monthly compensation, terms of payment, and total annual compensation. Bonuses are not required, but may be considered under acceptable conditions.
Working hours – The majority of regulations in China are governed by the Labor Law; however, employers can amend the criteria if the request is approved by the labor union or the appropriate labor administration body and the employees. Changes are typically necessary when establishing working hours for specialized professions, such as field people, employing managerial staff, security personnel, or sales staff.
Monday through Friday, for a maximum of 44 hours per week, constitutes the regular 40-hour workweek in China. The office is considered open from 8 am to 6 pm, with a two-hour lunch break. However, government offices open at 9 a.m. to 5 p.m. Offices are closed on weekends; some employers offer one holiday each week, while others offer two.
Bonus – Bonus offers and amounts vary according to employment position and employer. The majority of Chinese workers often receive a year-end bonus. Aside from the annual remuneration details, it is common practice in China to provide all employees with an additional month’s wage, while sales employees may be offered a commission scheme. However, such a bonus or 13th Month wage is not required in the nation. It is the discretionary incentive offered by employers during Chinese New Year.
Probationary Period – A probationary amount is a specified period of time at the beginning of an employee’s employment during which he or she is not entitled to all contractual advantages. Part-time, temporary, and freelance employees are prohibited by Chinese legislation from undergoing a trial period. The employee on probation may be excused from work even if there is no notice period. The arrangement must satisfy both parties. In addition, an employee cannot have more than one probationary period, even if the contract is renewed.
Typically, the probationary period is proportional to the duration of the job contract. If the duration of the contract is between three months and one year, the maximum probationary period is one month. If the duration of the contract is between one and three years, the probationary period may not exceed two months. If the duration of the contract exceeds three years, the maximum probationary term is six months. The majority of employees are entitled to a three-month probationary term.
The contract might be terminated during the probationary period. The probationary term for an indefinite employment contract may last up to six months. Various industries have different time limitations for submitting a notice of termination. Typically, the duration of employment dictates the length of termination notice. For example, one week’s notice is sufficient for one month to two years of work.
Documenting the reasons for termination is required. It is unlawful to terminate a female employee who is pregnant, on maternity leave, or breastfeeding. Longer durations of contractual rights are typical in agreements that bind both parties. A payment in lieu of notice (PILON) clause may be included in contracts, allowing employees to pay workers instead of requiring them to work their notice. Payment in lieu of services can satisfy an employee’s contractual rights. Then, the employee may have statutory rights against the employer.
China Employer of Record Benefits
Let INS Global assist you with the difficulties of your expansion process so as to simplify it. Whether you need assistance with hiring personnel, delivering payroll, or managing expenses, we are here to help. Partner with us and you can confidently launch your global business.
Market Entry – The quickest method to enter an uncharted market is to rely on the professional experience of an Employer of Record. By utilizing EOR services, a worldwide firm can benefit from the knowledge of a Chinese employee. In addition to providing speedy access to the Chinese market, the employer of record relieves the client of payroll and human resources concerns.
It is difficult to disregard the significance of regulations and compliance in a foreign country. If you operate a business in China, you must be familiar with the payroll and taxation regulations. Using China Employer of Record services, a corporation can hire a foreign individual or local workers and navigate the country’s complex regulations. Whether it is income tax, social security contribution, expenditure management, withholding fees, or corporate tax, an EOR or PEO organization ensures absolute compliance.
Diverse Solutions – Whether you already have a business in a foreign country or are planning to establish one, an employer of record can be of great assistance. The Global Employer of Record Company can hire employees on your behalf in China without establishing a subsidiary there. If your company is already in operation, utilizing EOR to manage payroll activities may be a good idea, as they can provide an efficient solution for tax and accounting obligations in the country.
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