China Hiring Tips – China EOR, Payroll & PEO Expert https://www.jscgroups.com Hire and Pay Employees in China Tue, 06 Jan 2026 15:58:55 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9 https://www.jscgroups.com/wp-content/uploads/2025/12/cropped-web-app-manifest-192x192-1-32x32.png China Hiring Tips – China EOR, Payroll & PEO Expert https://www.jscgroups.com 32 32 2026 China Public Holidays https://www.jscgroups.com/2026-china-public-holidays/ https://www.jscgroups.com/2026-china-public-holidays/#respond Tue, 25 Nov 2025 08:22:16 +0000 https://www.jscgroups.com/?p=3487

For foreign companies hiring employee in China, the official 2026 China national holiday schedule (China public holiday) has been released. Employers should take note of these statutory holidays in China to plan operations, staffing, and payroll smoothly throughout the year in China.

China’s public holidays include New Year’s Day, Spring Festival, Tomb-Sweeping Day, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day. During these periods, employees in China are entitled to time off according to national regulations. The government also designates certain weekends as adjusted working days to balance long holiday breaks—these adjusted workdays are compulsory normal working days.

Please refer to the below picture for the exact dates of each holiday and the corresponding adjusted working days in 2026.

2026 China National Holiday

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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2025 China Public Holidays https://www.jscgroups.com/2025-china-public-holidays/ https://www.jscgroups.com/2025-china-public-holidays/#respond Tue, 03 Dec 2024 05:11:54 +0000 https://www.jscgroups.com/?p=3402

China has revised “National Public Holidays and Commemorative Days Holiday Policy” in November 2024, starting from January 1, 2025, all citizens will have an additional 2 days off. This includes 1 additional day for both the Spring Festival (Chinese New Year) and Labor Day.

Accordingly, the holiday and adjustment principles have been further optimized and improved. Except in special circumstances, the Spring Festival holiday will begin on the eve of the lunar New Year and last for 8 days; the National Day holiday will last for 7 days starting from October 1; Labor Day will be 5 days off; the New Year’s Day, Qingming Festival, Dragon Boat Festival, and Mid-Autumn Festival will each have 3 days off (if the holiday falls on a Wednesday, only that day will be a holiday); the National Day holiday will be extended to 8 days if it coincides with the Mid-Autumn Festival.

In accordance with these principles, the specific holiday arrangements for 2025, including New Year’s Day, Spring Festival, Qingming Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, and National Day, are as follows.

2025 China Public Holidays

 

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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2024 China Public Holidays https://www.jscgroups.com/2024-china-public-holidays/ https://www.jscgroups.com/2024-china-public-holidays/#respond Wed, 25 Oct 2023 06:50:46 +0000 https://www.jscgroups.com/?p=3148

2023 October 25, The General Office issued the China holiday arrangements in 2024. The notice said that with the approval of The State Council, the specific arrangements for the New Year’s Day, Spring Festival, Qingming Festival (Tomb-Sweeping), Labor Day, Dragon Boat Festival, Mid-Autumn Festival and National Day holiday in 2024 are notified as follows.

2024 China Public Holidays

 

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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2023 China Public Holidays https://www.jscgroups.com/2023-china-public-holidays/ https://www.jscgroups.com/2023-china-public-holidays/#respond Tue, 03 Jan 2023 06:56:42 +0000 https://www.jscgroups.com/?p=3050

Chinese government has announced the latest 2023 China Public Holiday arrangements. Check the picture below to see 2023 China Public Holidays.

This year the Mid-Autumn festival and national day holidays are combined together, with total 8 days off.

2023 China Public Holidays

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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9 Tips of Hiring in China – China Employer of Record https://www.jscgroups.com/9-tips-of-hiring-in-china-china-eor/ https://www.jscgroups.com/9-tips-of-hiring-in-china-china-eor/#respond Thu, 16 Jun 2022 08:58:54 +0000 https://www.jscgroups.com/?p=2952

What employers need to know when hiring in China? This article explains the most critical information that employers should have when hiring in China.

1. Company must sign a written employment contract with each employee in China.

In China, signing a labor contract electronically is uncommon when hiring in China, and E-labor contracts may increase the likelihood of future labor disputes. It is strongly advised that you have a written employment contract.

Employees must sign each copy of a labor contract in China, while the employer must sign and chop the company seal on each copy. One original copy must be kept by both the employee and the employer.

Read more about China Labor Contract.

2. You can set probationary periods for your employees in China.

Employers in China frequently use probationary periods to evaluate employees’ performance and capabilities over a specific period of time. It’s crucial to understand that probationary periods must be specified in the China labor contract.

For signing a one-year employment contract, you can set a one-month probation period, and for signing a two-year employment contract, you can set a two-month probation period. For a labor contract of more than three years, there is a six-month probation term.

Employees’ salaries during probation periods cannot be less than 80% of their post-probation salaries when hiring in China.

3. Contribute China social security on time and in full is very important.

There are five social insurance and one housing fund in China’s social security system. The Chinese social security system is extremely difficult to comprehend. In China, each city’s social security contribution base and percentage are different when hiring in China.

The social security contribution base for each employee will be adjusted annually based on their average salary from the previous year.

Read more about China Social Security System.

4. 13th month salary is not mandatory but common in China.

Many overseas employers may consider that 13th month salary is obligatory when hiring in China. In reality, the employer can choose whether or not to make an offer. However, if the 13th month salary is clearly stated in the employment contract, the employer is required to pay the employee.

The smart option when hiring in China is to give annual bonus to employee based on their performance.

5. Getting to know the China termination policy in advance.

In contrast to the United States, employers can easily fire employees due to the employment at will. Termination is a difficult process in China. Employers must notify employees one month in advance or pay one month’s wages as notice period compensation. The severance payment must also be paid by the employer. The amount of severance pay is determined by the number of years a person has worked for the company; the standard practice is one month’s salary for one complete working year when hiring in China.

6. You cannot hire employees in China directly without company establishment.

Many foreign companies will pay their employees in China directly even they have no company registered yet. It is very important to know that only registered company in China are able to hire employees in China and handling employees’ payroll, mandatory social securities. The compliance way is to engage a China EOR (China Employer of Record) and PEO vendor to hire employees.

Read more on How to Hire Employees In China Without Legal Entity?

7. Contractors are not suggested in China.

Contractors are quite common in western world. Considering the culture in China, Chinese people is more prefer to work as a full-time employee instead of hiring as part time employees and contractors. In China, contractors are not protected under China labour law, and employees are unable to engage into the China social security system. You shall consider if you would like to hire them as contractors or employees when hiring in China.

Read more about Contractors in China.

8. Benefits of using a China PEO/China EOR – China Employer of Record.

Hiring employees in China through a China PEO or China EOR is one of the most flexible and cost-effective solution when foreign investors have no company established yet in China. The PEO/ China EOR vendor in China will act as the employer of record, handle employee’s labor contract, payroll, social security, individual income tax in China while employees are working for you directly in China.

Read more about What is China PEO & China EOR? How does it work in China?

9. You shall apply work visa for your foreign employees in China.

If you want to hire foreign workers in China, you must first learn about the China work visa and residence permit processes, which vary by city. It’s becoming more difficult to hire foreigners who are currently outside of China as a result of the Covid-19. Only foreigners who have received Chinese vaccinations are permitted to enter. In China, there is a scoring system for visa applications; foreigners with a score of more than 60 can obtain a work permit and a residency permit. The entire application process takes about two months. It is critical to understand that foreigners can only legally work in China after obtaining a work permit and a resident permit.

About JSC – China PEO & Employment Expert.

JSC is a professional service company that assists foreign-invested companies in doing businesses in China.

Our core services China PEO and employment solution enables foreign investors to hire employees in China without setting up any company which allow them to expand into China market in days, not months. Our in-country local experts are also experienced in assisting businesses to compliantly establish their own legal entity in China.

Please contact us if you require any other information on China PEO.

Info@jscgroups.com

Contact Us.

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Complete Guide on Hire Independent Contractor in China 2025 https://www.jscgroups.com/guide-on-hire-independent-contractor-in-china/ https://www.jscgroups.com/guide-on-hire-independent-contractor-in-china/#respond Thu, 03 Mar 2022 13:36:13 +0000 https://www.jscgroups.com/?p=2921

Hire independent contractor in China can be a good strategy for companies when they’re working on a specific short-term project that doesn’t require full-time employees. Independent contractors are quite popular in western countries like United States and are becoming popular these years in China. This article will walk you through the most important aspects of hiring independent contractors in China.

What are Independent Contractors in China?

An independent contractor in China is a person who provides temporary services to a company or organization under the terms of a business or service contract in China. An independent contractor is a self-employed person or entity hired as a non-employee to perform work for or provide services to company in China. There is no employment relationship between the independent contracts with the company in China.

Difference of Independent Contractors and Full time Employee in China.

There is big difference between hiring a full-time employee in China and independent contractor in China. Check below comprehensive comparison between full-time employees and independent contractors in China.

Hiring in Chinese – Ultimate Guide on China Employment Law and Practice

Difference of China Independent Contractors

Tax Obligations for Independent Contractors in China.

An individual’s income derived independently from performing various services not for employment, such as design, decoration, installation, drafting, laboratory, testing, medical, legal, accounting, consulting, teaching, translation, reviewing, calligraphy and painting, sculpture, video, audio, video, performance, performance, advertising, exhibition, technical services, introduction services, brokerage services, agency services, and other personal services shall all contribute individual income tax in China.

Independent Contractors in China

Deduction of expenses for remuneration of independent contractors services: for each income of less than CNY 4,000, the deduction is CNY 800; for each income of more than CNY 4,000, the deduction is calculated at a rate of 20%.

The amount of each income is used as the withholding taxable income, and the excess progressive withholding rate of 20% to 40% is applied, as shown in the table above.

Amount of withholding tax payable in advance for remuneration for independent contractors services = amount of withholding tax payable in advance – Quick deductions calculation

Example:

If the company pays CNY 70,000 yuan for independent contractors in China, the calculation process of withholding tax on this income is as follows:

Income: 70,000*(1-20%)=CNY 56,000

Income Tax payable in advance: 56,000×40%-7,000=CNY 15,400

Understand more about How to Calculate Employee Salary in China? [China Payroll Guide].

Important Tips when hiring independent contractor in China.

1. Do not pay independent contractor in China from overseas, which may have the tax compliance issue. You can pay through China PEO vendor.

2. Do not manage independent contractors working time, working method, working place etc, which might be treated as full time employment.

3. Company shall calculate and declare the individual income tax for independent contractors in China.

4. Do not sign employment contract with your independent contractor in China.

Frequently Asked Questions about hiring independent contractors in China.

Do I need to sign contract with independent contractors in China?

Yes. A contract can help you to avoid any potential disputes by ensuring that both parties are on the same page. Please do not mention any terms in relation to managing your China independent contractors’ working hours, managing their work in detail, or anything else. This term could lead to the relationship between independent contractors being treated as full-time employment.

Can I hire independent contractors in China through my oversea entity?

No. Sign independent contractor in China with your oversea entity is not under protection in China. As an oversea entity, you are unable to declare and deduct the individual income tax for independent contractors in China which will have the risk for tax compliance. The compliance method of hiring independent contractors in China is through a China PEO and employment agency.

Should I need to contribute social security for my independent contractors in China?

No. If you are hiring independent contractor in China, you don’t need to contribute China social insurance and housing fund for them. Only hiring full time employees in China are required to contribute China social security.

How to hire and pay independent contractors in China?

If you have your registered company in China, you can sign agreement with them directly and pay them as agreed in the agreement. If you have no legal entity in China, you shall engage a China PEO and employment agency, to have them signing the agreement with your independent contractor in China, and they can ensure the payroll compliance.

Should I pay my independent contractors monthly in China?

No. There is no requirement for payment frequency for paying independent contractor in China. Usually paid shall be paid after project or services completed. Detailed payment rule can be aligned by independent contractors and company in the agreement.

Should I undertake severance payment when terminating independent contractor in China?

No. Since this is not an employment relationship, relationship at be ended at will.

Can I know any other ways of hiring contractors or employees in China?

The below article is going to guide foreign investors regarding different type of options that can enable them hiring employees in China in a quick and compliance manner.

Best way to hire employee in China in 2022

About JSC – China PEO & Employment Expert.

JSC is a professional service company that assists foreign-invested companies in doing businesses in China.

Our core services China PEO and employment solution enables foreign investors to hire employees in China without setting up any company which allow them to expand into China market in days, not months. Our in-country local experts are also experienced in assisting businesses to compliantly establish their own legal entity in China.

Please contact us if you require any other information on China PEO.

Info@jscgroups.com

Contact Us.

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Hiring in Chinese – Ultimate Guide on China Employment Law and Practice https://www.jscgroups.com/hiring-in-chinese-and-china-employment-law/ https://www.jscgroups.com/hiring-in-chinese-and-china-employment-law/#respond Tue, 22 Feb 2022 02:45:10 +0000 https://www.jscgroups.com/?p=2904

Comprehensive guide to help you understand all practices about hiring employees in China to ensure your hiring in Chinese are fully compliance under China Employment Law.

Contents:

  1. China Labor Contract
  2. China Employment Law
  3. Work Rules and Working Hours in China
  4. Probation Period in China
  5. Severance Payment
  6. Overtime Pay
  7. Bonus in China
  8. Hiring Cost in China
  9. China Individual Income Tax
  10. China Social Security – Social Insurance
  11. China Social Security – Social Housing Fund
  12. Salary Payment in China
  13. China Annual Leave Policy
  14. China Pension and Retirement Age
  15. Sick Leave Policy in China
  16. China Maternity and Child Care Leave
  17. 2022 China Public Holiday


1. China Labor Contract

China Employment Law is the most important law in China governing the relationship when hiring in Chinese. This China employment Law applies to both foreigners and local Chinese employees, and it applies to both local Chinese companies and Wholly Foreign-Owned Enterprises (China WFOE). This China Employment law was created to protect the rights of employees hired in China and to foster harmonious working relationships.

Only registered company in China are eligible to hiring in Chinese and sign labor contract with employees in China. For foreign companies who has no legal entity in China, hire employee in China through a China PEO is the compliance employment method. Learn more about How to Hire Employees In China Without Legal Entity?

A written labor contract is required. The labor contract must be written in Chinese, with an English translation. In the event of a dispute, courts will only rely on the Chinese version. Employers operating in China without written labor contracts face a number of risks. In particular, if an employer fails to provide a written labor contract for employee more than a month, the employer will be required to pay double the employee’s monthly salary.

If an employer fails to execute a written labor contract for more than a year, the employee will be deemed to have entered into an open-term / permanent employment contract with the employer.

A written employment contract is required by China Employment Law. Some terms must be defined are list below:

  • Fixed-term or ad hoc.
  • Probation periods vary in length.
  • Name, position, term, benefits, social security, and so on must be stated.

Understand more about Employment Contract in China [China Labor Contract Template].

2. China Employment Law

Hiring in Chinese is govern by China Employment Law, and is based on a statutory, civil law system. There is no concept of “at will” employment in China. All employees are protected from unlawful dismissal, regardless of their seniority, and severance payment is generally a requirement under China Employment Law It is critical to follow the procedures for employee termination. Failure to abide by the relevant regulations can lead to expensive settlements and legal costs. In general, it is difficult/difficult to fire an employee in China. As a result, it’s common to have a fixed-term job. An employer has the right to fire an employee at the end of a fixed-term contract, but must compensate the employee financially. Severance can only be avoided if an employee refuses to renew a contract on the same or better terms as before. When terminating employees, it is critical to seek legal counsel.

3. Work Rules and Working Hours in China

The Standard Working Hours System is applicable to the majority of hiring in Chinese. A full-time employee’s working hours are generally limited to 8 hours per day and 40 hours per week under this system (usually from Mondays through Fridays). Some companies use a Flexible Working Hours System, which means that the start time can range from 8:30 to 10:30 in the morning and the end time can range from 5:30 to 7:30 in the afternoon.

There are two exceptions to this system:

• Comprehensive working hours of non-standard working hours

• Irregular working hours

An employee can only be designated under either of the alternative systems if all of the conditions stipulated by China Employment Law are met.

An employer may generally require an employee to work longer hours without overtime pay under the Comprehensive working hours of non-standard working hours if the average working hours in a certain “comprehensive calculation” period (e.g., a quarter) do not exceed the applicable legal maximum on total working hours for that period.

It is not required to keep an employee handbook, but it is recommended in the event of a legal dispute. The employer will bear the burden of proof. Both must register work rules with the government and obtain approval before applying.

Understand more about What is China PEO, and steps to engage a PEO in China.

4. Probation Period in China

According to the China employment law: Probation period in China shall be no more than one month for employment terms of more than three months but less than one year.

Probation period cannot exceed two months for employment terms of one year or more but less than three years.

The probation period cannot be longer than six months for employment terms of three years or more, or for an open-term employment arrangement.

Each employee is only permitted to serve one probationary period with the same employer.

5. Severance Payment

Employers must pay severance (severance payment = one month’s salary for each year of service; for more than six months service but less than one year, it shall be calculated as one year; for less than six months service, shall pay half a month’s salary) unless the employee failed to satisfy the Conditions of Recruitment under the probation or seriously violated Company Regulations or committed a Civil Crime, and the employer has clear evidence to prove so. Otherwise, the employer must provide the employee with a 30-day written notice and part ways with mutual consent. If the employer does not want to serve a 30-day advance notice period, he or she may pay one month’s salary in addition to the severance pay.

6. Overtime Pay

Overtime pay in China is required in the following amounts during hiring in Chinese:

Weekday overtime: Overtime at 150% of the hourly rate on weekends or days off: Overtime at 200% of the hourly rate on a public holiday: 300% of the hourly rate

Overtime hours are also limited by China Employment Law, with no more than 3 hours per regular work day and no more than 36 hours per month.

According to the PRC Labor Law, every employee of a company, from the top management down to the lowest hourly-paid employee, is eligible for overtime pay.

7. Bonus in China

In many parts of China, a 13th month’s salary is customary, and it is usually paid out before the Chinese New Year. Because this is not required, the conditions for earning this bonus month’s salary must be specified clearly and in writing. Annual discretionary bonuses are more common in MNCs. Some multinational corporations may offer both the 13th month pay and the discretionary annual bonus. The employer is required to pay the 13th month pay if it is stated in the employment contract.

Many foreign companies doing business in China have generously added this 13th month, despite the fact that their expenditures were calculated using a 12-month system. If the employer intends to implement a bonus system for employees, the parameters should be clearly defined in the employment contracts. Instead of paying a higher salary but no annual bonus, an employer may choose to pay a lower salary with an annual bonus, which is usually paid early the following year. The employee will incur no additional costs as a result of this, but they will benefit from deferring their individual income tax payments.

8. Hiring Cost in China

The Employer pays statutory benefit contributions in the following ways for hiring in Chinese:

Opening of a company, a social contribution account, and a housing fund account

When a new employee is hired, the company will enter the employee information into the company account. Each month, the company will generate the monthly billing for social security and housing fund, and the payment will be made from the employer’s bank account to the social contribution and housing fund accounts, respectively.

Contributions to the five social insurances (pension, medical, unemployment, maternity, and injury) are grouped together in one bill, while contributions to the housing fund are separate.

After signing the employment contract, the employer must enter the employee’s information into the company account (social contribution & housing fund). It will take between one and two working days. If the employee does not have individual social contribution and housing fund accounts, the employer must first apply for and open the employee’s account before filing the employee information.

The contribution to the employment security fund for disabled people is levied monthly by the competent local tax bureau, but it can be paid together with the social insurance contributions for employees either monthly or annually.

Understand more about How to Calculate Employee Salary in China? [China Payroll Guide]

9. China Individual Income Tax

Individual Income Tax (IIT) is levied at a progressive rate, ranging from 3% for monthly taxable incomes of RMB 1,500 to 45% for monthly taxable incomes of RMB 80,000. The IIT is deducted from employees’ monthly salaries and paid directly to the Chinese government by employers. This IIT is then withheld and paid to the tax authorities on a monthly basis.

Each month, the employer should withhold the IIT and file the IIT. Through the e-tax system, the IIT payable will be deducted directly from the employer’s bank account.

10. China Social Security – Social Insurance

Hire employees in China are typically required to contribute to social insurance (which usually includes pension, medical, work-related injury, maternity and unemployment insurance) and the housing fund for all employees. The exact type of required social insurance is determined by local rules. Expatriates and Hong Kong, Macau and Taiwan ID Card holders must be enrolled in statutory social insurance as well. If you are required by law to make the payments, you cannot contract out of your obligations by agreement with an employee. Any such agreement will be disregarded by the authorities.

Contributions to mandatory benefits are made by both the employer and the employee, and they apply to both expat and hiring in Chinese. Contributions to Mandatory Benefits include five mandatory insurance schemes (pension fund, medical insurance, industrial injury insurance, unemployment insurance, and maternity insurance) as well as a housing fund (only applicable to Chinese employees).

Understand more on Complete Guide on China Social Security System.

11. China Social Security – Social Housing Fund

Employers must register their employees with this separate agency because the Housing Fund is regulated by a different department than the Chinese taxes and social insurances when hiring in Chinese. Within 30 days of incorporation, newly formed companies must register with the Housing Fund Bureau. The company must then work with a bank to automate their Housing Fund contribution payments within 20 days of registration. In addition, the employer must register a new employee within 30 days of their first day on the job.

12. Salary Payment in China

Hiring in Chinese are required to pay at least once a month, according to the China Employment Law, and normally within five days of the end of the payroll cycle. Normally paid to the employee through bank transfer.

Your monthly employment cost consist of:

  • Employee monthly net salary
  • Employer contribution of social insurance and housing fund
  • Employee contribution of social insurance and housing fund
  • Allowances, bonus, commissions
  • Individual income tax
  • Other benefits offered.

13. China Annual Leave Policy

Minimum statutory annual leave standard in China:

1 year or more with less than 10 years of cumulative service: 5 days of vacation;

10 years or more with less than 20 years of cumulative service: 10 days of vacation;

20 years or more with more than 20 years of cumulative service: 15 days of vacation.

It is common practice to provide more annual leave to key personnel in order to incentive them. Allowances for paid leave, sick leave, and other benefits are based on total working life, not just time with the company.

Understand more on Public Holidays and Annual Leaves in China.

14. China Pension and Retirement Age

Retirement age in China:

Male Employee: on the age of 60

Female white-collar employee: at the age of 55

Female blue-collar employee: at the age of 50.

There have been discussions about extending the retirement age beginning in 2020. Female employees born in 1965 should have their pensions delayed for one year, while those born in 1966 should have their pensions delayed for two years, and so on. Female employees and residents should receive pensions at the age of 65 by 2030; male employees born in 1960 will be delayed for six months, and so on, and male employees and residents will receive pensions at the age of 65 by 2030.

15. Sick Leave Policy in China

Sick leave is available in the event of illness or an injury that is not related to work. The employee must provide documentation issued by a certified practitioner or a recognized medical organization that has been approved by the employer. The number of annual (paid) sick days permitted shall be predetermined and stated in the employee’s employment contract, with no carrier over suggested. Employees in their first year of employment are entitled to a maximum of three months of sick leave; one month of sick leave is increased for every full year after that, but not more than 24 months total.

This leave must be used separately from annual leave.

16. China Maternity and Child Care Leave

Maternity leave is available for prenatal care, childbirth, breastfeeding, late pregnancy, and delivery.

Prenatal care includes doctor visits during the first 12 weeks of pregnancy. Working time includes prenatal examination time.

Natural childbirth: The majority of Chinese provinces have increased maternity leave from 128 to 158 days. However, this may differ depending on the city. The provinces that do not adhere to the 158-day rule are as follows:

  • 178 days: Chongqing, Guangdong,
  • 128 days: Tianjin,
  • 190 days: Henan (pending to be extended), Hainan (at most),
  • 188 days: Jiangxi, Hebei (for the third child), Zhejiang (for the third child)
  • 180 days: Gansu, Heilongjiang, Fujian (at most)
  • 148 days: Guangxi
  • 128 days: Jiangsu (no less than)

Difficult delivery – leave natural delivery days + 15 days

Multiple births – leave days for natural birth + 15 days + 15 days extra per baby

Abortion or miscarriage within the first four months of pregnancy – 15 days

Abortion or miscarriage after the first four months of pregnancy – 42 days

Prenatal leave: After the seventh month of pregnancy, you can take a one-hour day break. Upon employer approval, you may also take 2.5 months of prenatal leave.

17. 2022 China Public Holiday

Employees are entitled to have holidays in the below list. Each year, local government will announce the actual holiday days.

  • New Year’s day: 1 day
  • Spring Festival/Chinese New Year: 3 days
  • Qing Ming Festival: 1 day
  • Labor Day: 1 day
  • Dragon Boat Festival: 1 day
  • Mid-Autumn Festival: 1 day
  • China National Holiday: 3 days

See latest 2022 China Public Holidays.

About JSC – China PEO & Employment Expert.

JSC is a professional service company that assists foreign-invested companies in doing businesses in China.

Our core services China PEO and employment solution enables foreign investors to hire employees in China without setting up any company which allow them to expand into China market in days, not months. Our in-country local experts are also experienced in assisting businesses to compliantly establish their own legal entity in China.

Please contact us if you require any other information on China PEO.

Info@jscgroups.com

Contact Us.

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Best way to hire employee in China in 2024 https://www.jscgroups.com/best-way-to-hire-employee-in-china-in-2022/ https://www.jscgroups.com/best-way-to-hire-employee-in-china-in-2022/#respond Mon, 24 Jan 2022 12:22:32 +0000 https://www.jscgroups.com/?p=2882

How to hire employee in China is one of the frequently asked questions among foreign investors who are new comers to the China market. This article is going to guide foreign investors regarding different type of options that can enable them hiring employees in China in a quick and compliance manner.

3 Compliance ways to hire employee in China

Labour Law of the People’s Republic of China is quite complex. There are three different kinds of options for foreign companies to hire employee in China to start their business follow the law.

Hire Employee in China through China PEO & Employment agency before having a company established in China

Hire employee in China through a China PEO and employment agency is the best hiring option for foreign investors who are just getting started in the China market and want to hire some staff before registering a company there. The PEO in China or the employment outsoucing agency in China will sign the local employment contract with the employees you choose, handle the monthly salary calculation and disbursement, contribute the statutory benefits such as social insurance and housing fund, and ensure tax compliance in China under the China PEO and employment solution.

What type of business should hire employees in China using a China PEO & Employment solution?
  1. Company who has no long-term plan in China and would like to test the China market.
  2. Companies that are in the process of establishing a business in China but want to hire employee in China first.
  3. Company who is not willing to set up the company in China and only want to hiring in Chinese.
The advantages of hiring employees through a China PEO or employment agency.
  1. No legal entity and company required.
  2. Fast. Able to on-boarding employee within 2 weeks in China.
  3. Ensure payroll and employment compliance in China.

Understand more on Steps to engage a PEO in China.

Hire Employee in China through China WFOE

For foreign companies already has their WFOE (Wholly Foreign Owned Enterprise) established, hiring employees through their China WFOE is the most common option in China as the WFOE already has the capacity to hire employees directly. In this case, China WFOE will directly sign a China local labor contract with their employees and ensure that China payroll and mandatory benefits are processed on time. Because of the complexities of China’s local regulations, it is highly recommended that foreign companies hire a China HR outsourcing firm to handle their employees’ payroll and benefits in order to ensure compliance.

Before you decide to hire employees through your China WFOE, make sure you check the following items:
  1. Understand and learn China salary structure and average salary in China.
  2. Make certain that the corporate registration and bank account are fully completed.
  3. Ensure that the company has already established a corporate account for social security and housing funds.
  4. You can only contribute the social security in the city where your WFOE is registered. If your employee is located in other city in China, you shall engage a China payroll service provider to handle the social security.
  5. Make sure that you already have a comprehensive China labor contract to sign with your Chinese employees. Contact JSC for China labor contract template. Understand more of China labor contract.

Hire Employee in China through China Representative Office

Representative office in China is also one of the common entity types among foreign investors. It is critical for foreign investors to understand that the China representative office is not permitted to hiring in Chinese directly; all hiring under the China representative office must go through a China labor dispatch agency or employment outsourcing agency in China. The Chinese employees will be officially hired and dispatched to work for the China Representative Office by a China labor dispatch agency. The foreign parent company can hire foreign employees, and the China representative office can register the foreign employees as representatives to work in China for the China representative office.

Hiring employees in China through a oversea entity is not compliant.

Many foreign companies choose to hire their employees directly through their overseas entity, which is very risky and illegal in China and can be interpreted as avoiding the liability of tax and mandatory social security contributions. Without a written labor contract in China with a China registered company, neither the employee nor the employer are protected. Hiring employees in China through a China PEO and employment agency is one option to avoid hiring through an overseas entity.

What is the best way to hire employee in China?

If you have no company in China, China PEO and China employment solution is the best option for you to hire employee in China without a legal entity.

If you have a legal entity in China, hire employee in China under your own China WFOE is the best option.

Once you have decided which hiring option you are going to us, you shall also learn about the hiring tips in China, check our article about Top Tips For Hiring Employees in China [2022 Complete Hiring Practices]

JSC is a professional service company that assists foreign-invested companies in doing businesses in China.

Our core services China PEO and employment solution enables foreign investors to hire employees in China without setting up any company which allow them to expand into China market in days, not months. Our in-country local experts are also experienced in assisting businesses to compliantly establish their own legal entity in China.

Please contact us if you require any other information on China PEO.

Info@jscgroups.com

 

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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China PEO – 5 Steps to engage a PEO in China https://www.jscgroups.com/5-steps-to-engage-a-peo-in-china/ https://www.jscgroups.com/5-steps-to-engage-a-peo-in-china/#respond Mon, 27 Dec 2021 04:19:58 +0000 https://www.jscgroups.com/?p=2825

Hiring employees through a PEO agency in China is becoming increasingly popular among international investors looking to start a business in China . How to recruiting in China simply and in a compliant manner is a critical issue for international investors who do not have a legal entity in China or who are in the process of establishing China WFOE. This problem can be solved by a PEO in China under employment outsourcing, which can assist international companies in employing staff in China prior to establishing a company in China.

If you are unfamiliar with China’s PEO or EOR, the following two articles will be of assistance to you.

What is China PEO & China EOR? How does it work in China?

How to Hire Employees In China Without Legal Entity?

If you already have a basic understanding of China PEO and EOR, the following 5 stages for hiring a PEO in China can help you onboard your first employee quickly and easily.

Contents:

Step 1: Select a local PEO in China

Step 2: Prepare Employee On boarding Information and Documents

Step 3: Review local employment contract

Step 4: Understand China payroll and monthly hiring cost

Step 5: Pay On time. Employee onboard through PEO in China

Step 1: Select a local PEO in China

In China, there are many PEO vendors with various names, such as EOR vendors, employment outsourcing agencies, employee outsourcing service providers, recruiting agencies, and so on. You can also find foreign PEO in China, state owned service provider, or local private service provider.

Given the complexities of China’s local employment policies, payroll, and benefits regulations, a local PEO service provider is more recommended because they are more familiar with the local policies and have more local resources and knowledge to assist you in completing the employer liability and handling potential labor disputes. In the meanwhile, local service provider is hiring in Chinese employee under their own legal entity, and handle employee’s payroll and social security themselves which also ensure the efficiency and speed of response, while there are many foreign PEO service providers who actually outsource or subcontract the PEO employees to the local service provider. As a result, it’s critical to select a PEO in China who runs their own operation and business locally.

Here are some helpful hints for choosing a competent PEO vendor in China.
  • Select a Chinese service provider who can hire employees directly.
  • Examine the PEO vendor’s provincial and city coverage and choose the one with the most.
  • Review the PEO vendor’s labor conflict history and choose the one with the fewest labor disputes.
  • Choose a local PEO in China with extensive experience working with global enterprises in China.
  • Examine the service contract and China labor contract template that the PEO in China will sign with the PEO employee, and choose the one that offers multilingual agreements.
  • Examine the China PEO vendor’s flexibility in terms of salary pay dates and payment dates. Choose the one with the most versatility.
  • Examine the extent of services provided by the China PEO vendor.

Step 2:Prepare Employee On boarding Information and Documents

Based on the above recommendations, you should find a qualified China PEO service provider. It is critical to explain the PEO and EOR employment models to your Chinese employee. Because employees may verify the company’s background and records online, choosing a reputable local service provider is critical. Your employees will be more inclined to work for a reputable PEO in China.

Following initial alignment with your PEO employee in China, you will begin gathering on boarding information and documentation from your employee, which will be utilized mostly for payroll processing, local labor contract preparation, and mandatory benefits contribution.

Although different cities in China may require different paperwork, the general information and documentation required for on-boarding a PEO or EOR employee in China are included below.

  • Employee personal information includes full name, social security number, home address, phone number, bank account information, marital status, nationality, and current social security status, among other things.
  • Employment details including employee salary in China, on-boarding date, working city, social security contribution city, position, probation period, monthly gross compensation, annual leaves, and other benefits, among other things.
  • A copy of your ID card
  • Copy of your bank account
  • Employee page in Hukou book
  • Previous employer’s termination certificate

Step 3: Review local labor contract template

Your PEO vendor in China will sign China local labor contract with your employees in China as the employer of record. It will be the responsibility of the China PEO vendor to produce a local labor contract based on the personal information and employment details provided by you. The labor contract of a China PEO vendor is usually a generic form that covers all of the required terms and circumstances for hiring employees in China.

Although labor contracts in China must be written in Chinese, you will need a bilingual (Chinese and English) local employment contract to fully comprehend the terms and conditions.

It is strongly recommended that you check the provisions of the labor contract given below to guarantee that both your business in China and your employee’s benefits are protected under such an employment contract.

  • Employee’s salary and benefits
  • China Leaves and China holidays
  • Confidentiality
  • Work duties
  • Intelligence Property

Many multinational companies prefer to incorporate their global policies, terms, and conditions into their employee contracts in China; nevertheless, this is not recommended. The best option is to provide the terms and conditions to your chosen China PEO service provider, who will then evaluate and change the terms to verify that they are all in conformity with Chinese laws.

Step 4: Understand China Salary and monthly hiring cost

Although it is difficult for foreign investors to fully understand China payroll and China salary calculation due to the complexity of local policies in China, it is nevertheless critical that you have a general understanding of the employment cost structure in China. You can also request a quick training on China payroll and how your employee’s salary is computed from your China PEO vendor.

Understand more about China salary and China average salary, read. Complete Guide on Salary in China 2022 [Average Salary in China]

Here is one article for that can help you to understand. How to Calculate Employee Salary in China? [China Payroll Guide].

To sum up the most essential payroll and labor cost advice in China,

  1. China salary shall be paid monthly.
  2. Instead of a net pay, offer a monthly gross salary.
  3. Employee gross monthly wage – Personal tax – Employee social security contribution= Employee net monthly salary
  4. Monthly employment and recruiting cost = Employee monthly gross wage + Employer social security contribution
  5. Salary for the 13th month is optional. It becomes necessary, however, if it is included in the labor contract.
  6. The basis and percentage of contributions to social security vary by city.
  7. Social security contribution base is adjusted yearly.

Step 5: Pay On-time. Employee onboard through PEO in China

The last step is very simple but extreme important. Remember to pay your China PEO service provider on-time so that the PEO in China can release the salary to your employee on-time and contribute their local tax, social insurance and housing fund on time and in full.

Considering the foreign currency control in China, usually it takes 5 days to receive the payment from overseas to China. If your employee pay date is on last working day of each month, it is safe to pay your PEO in China around 20th of each month. The date will vary depending on local holidays and holidays in your native country, such as Chinese New Year (January, February), China National Holiday (October), and Christmas (Dec).

Hiring employees in China through a China PEO service provider is a simple and legal way to start a business in China without having to set up a corporation. The first and most critical step is to find a reputable PEO provider in China.

Please contact us if you require any other information on China PEO.

Info@jscgroups.com

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

Request a Proposal.

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What is China PEO & China EOR? How does it work in China? https://www.jscgroups.com/what-is-china-peo-china-eor-how-does-it-work/ https://www.jscgroups.com/what-is-china-peo-china-eor-how-does-it-work/#respond Mon, 15 Nov 2021 08:14:33 +0000 https://www.jscgroups.com/?p=2801

Hiring employees through PEO and EOR agencies is quite popular globally especially during the COVID-19, international expansion is restricted due to the border restriction in each country. The most appropriate method for doing business in China is through a China PEO or China EOR agency. This article helps you to understand how China PEO and China EOR works in China

Contents:

What is PEO & EOR?

What is PEO and EOR in China?

What are the obligations from the China PEO and China EOR agency?

Advantages of engaging a China PEO and China EOR

Disadvantages of hiring employee through PEO and EOR agency In China

How to hire employees in China through China PEO & China EOR?

What kind of company shall use China PEO & China EOR?

Cost of hiring employees through China EOR?

What is PEO & EOR?

PEO is the abbreviation of professional employer organization, while EOR is the abbreviation of employer of record. PEO and EOR agency usually support on the employment, payroll, mandatory benefits, tax filing, social security, labor dispute, employment relationship, etc.

The PEO and EOR agency will enter into a co-employment relationship with the actual employer and employee. Through such co-employment, the PEO and EOR agency will act as the employer of record (EOR) and handling all the mandatory employment and payroll related issues on the name of legal employer, while employees are managed and work for the actual employer.

What is China PEO and China EOR?

PEO and EOR in China is also called labor dispatching, talent dispatching, labor leasing, employee outsourcing. It is usually provided by the licensed human resource agency or consulting firm in China.

Similar like global PEO and EOR agency, China PEO and China EOR agency will act as the employer of record to sign the local employment contract with the local Chinese employees that are selected by client. The China PEO and China EOR agency will complete all the compliance procedure of employee on-boarding, off-boarding and monthly payroll, China social security. However, employees daily work management is all managed by client who is the actual employer in China. Read more about How to Hire Employee in China Without a Legal Entity.

What are the obligations from the China PEO and China EOR agency?

As the China PEO and China EOR agency, below are all the mandatory things they shall complete to ensure the hiring compliance in China

  • Sign a written Chinese labor contract with each employee in China
  • Complete employee’s mandatory social security and housing fund registration in the first month of on boarding in the city where employee is located
  • Employee payroll in China. Calculate employee’s salary and statutory benefits base on the policy of the city where employee is located on the monthly basis.
  • Release salary to employee monthly on time
  • Contribute the mandatory China social security and housing fund monthly
  • Declare employees’ local personal tax/individual income tax monthly
  • De-register employee in the social security and housing fund bureau when employee leave
  • Handling employment relationship, labor dispute, termination issues in China
  • Assist employee in declare the yearly annual tax return yearly

As the local HR and employment expert, China PEO and China EOR agency shall be a very important role between actual employer and employee, to ensure the hiring and payroll compliance in China.

Advantages of engaging a PEO and EOR in China

Engaging a China PEO and China EOR vendor to start doing business in China is a very smart approach. Especially for foreign investors, who have less knowledge of China market, local regulations, market situation. Below is the conclusion of the advantages of engaging a China PEO and China EOR.

1. Able to hire employees anywhere in China without setting up your own legal entity

In China, if you would like to legally hire employees, you shall have a China legal entity to hire employees. However, for foreign investors it takes time and efforts to setting up a WFOE in China. Therefore, engage a China PEO or China EOR vendor can easily hire employees working for them without the establishment of the legal entity.

2. Easy and quick method to start doing business in China

China PEO and China EOR allowed foreign companies to start business in China within 1 week. Once the candidates been selected by client, the China PEO agency i can complete the on-boarding process within 1 week so that client can have the employees in China to start their business.

3. Flexible China market entry and exit approach

Many foreign investors would like to test the China market in the very initial stage. Setting up a company in China like China WFOE indeed is time and cost consuming, and it is not easy to close if foreign investors finally decide to leave China market. China PEO and China EOR indeed is the most flexible option for foreign investors to test the China market by hiring some local Chinese employees working for them. They can make a decision after couple of months to stay in the China market by setting up a China WFOE or leave the China market by terminating the employment relationship with the employees through the China PEO and China EOR agency.

4. Limited cost and liability

As foreign investors who want to establish a legal entity in China, it usually cost the initial establishment and ongoing maintaining of the tax accounting. In the meanwhile, the corporate itself in China undertake the high liabilities. Engaging a China PEO and EOR in the early stage of doing business in China can help foreign investors to control the cost and liability.

5. Avoid facing complexity China local laws and regulations

The complexity of China local laws and regulations make it difficult for foreign investors to start doing business and hiring employee in China. China PEO and China EOR agency can be a bridge for foreign investors to understand the local regulations, practices, and ensuring the hiring compliance in China.

Disadvantages of hiring employee through PEO and EOR agency In China

Employee may have less sense of belonging since their actual employer and legal employer is different. In this case, we suggest foreign investors can offer some extra benefits to employees, for example, commercial insurance, family insurance, gifts during different festivals in China through the HR agency in China to compensate employees.

When the headcounts in China are increasing, hiring under China PEO might be not good. In this case, most of the companies will then set up their own China WFOE and transfer all the employees to the China WFOE.

How to hire employees in China through China PEO & China EOR?

As introduced, China PEO and China EOR solution is indeed a good approach for foreign companies to quickly and easily start a business in China. Below are the steps of engaging a China PEO and EOR agency to hire employees in China while you don’t have a presence establishment yet.

Step 1: Select a qualified China PEO/ China EOR vendor

Step 2: Find your candidate in China

Step 3: Collect the personal information and employment details of the candidate

Step 4: China PEO/China EOR vendor prepare local employment contract

Step 5: China PEO/China EOR vendor prepare the first month invoice with the employment cost breakdown

Step 6: Foreign company transfer the invoice payment to China PEO/China EOR vendor

Step 7: China PEO/China EOR vendor release register employee into social insurance and housing fund bureau

Step 8: China PEO/China EOR vendor release first month salary to employee and declare tax

Read more on 5 steps to engage a PEO in China.

What kind of company shall use China PEO or China EOR?

There is different situation that company can engage a PEO/EOR service provider in China to hire employees.

1. Foreign investors who have no legal entity in China

The most common situation to engage a China PEO/China EOR is when foreign investors have no legal entity in China. In this case, the only compliance method to hire Chinese employees are through a China EOR or PEO agency in China. Employees can be selected by foreign companies and employed by the local Chinese PEO/EOR agency, while employees can work on the market research, sales, client management, etc for the foreign investors.

2. Foreign investors who are in the process of setting up a company in China

While it takes couple of months to set up a company in China, sometime, foreign investors would like to hire someone in China first. In this case, hire employee through a China PEO/China EOR is also a good option. Employees can transfer to the new entity after establishment.

3. Companies in China that has no headcounts to hire employees directly

Some of the companies may have the limited headcounts for hiring their own staff, they might can choose to engage a China EOR agency to hire the other employees until they have more headcounts to hire by themselves.

4. Companies in China who want to outsource a function

It is also very common in China to outsource the supporting function like call center, account management team. More like a BPO case, the PEO/EOR agency in China will hire the whole function for clients in China.

Cost of hiring employees through China EOR?

The cost of hiring in China includes the employee’s monthly gross salary, employer contributions to social security, and additional employee benefits such as supplementary health insurance and medical check-ups. Additionally, the service fee from the China EOR (Employer of Record) provider and applicable taxes must be factored into the total cost.

Read more about Pay Employees in China through China Employer of Record.

China PEO and China EOR agency can be a bridge for foreign investors to understand the local regulations, practices, and ensuring the hiring compliance in China. Remotepad has independently judged JSC as one of the leading China EOR agencies.

No matter it is hiring employee through a China PEO agency/China EOR agency or by China WFOE directly, it is all very important for foreign investors to understand the tips and practices of hiring employee in China.

Frequently asked questions for payroll and hiring employees in China.

No, you do not need.

If you don’t have a company in China, you can hire employees through PEO service through the employment agency in China.

a) Hire employee through the PEO/employment service.

If you don’t have a legal entity in China, this is the only compliance way to have employee working for you in China.

b) Hire employee under WFOE.

If you already set up a WFOE in China, you can sign the labor contract with employees directly. You can either choose to handle their payroll land benefits yourself, or you can choose to outsource.

c) Hire employee under representative office (Ro)

Representative office in China is not allowed to hire employees directly. The only compliance way is hire employees through labor dispatch agency under PEO service

PEO refers to a professional employment organization, in China it’s also called employee outsourcing, labor dispatch. Foreign companies can hire staff in China through a PEO agency without setting up a legal entity in China.

Severance payment in China is based on the number of years employee has worked for the company.

Each full year employee worked for your company, one month salary shall be paid as severance payment.

For the working periods that are less than 6 months, half month salary shall be paid.

If employee’s monthly salary is higher than 3 times local average monthly salary, each year of the severance payment compensated shall be 3 times local average monthly salary.

If employees are in the probationary period, both employee and employer shall give 3 days as notice period for termination.

After probationary period, both employee and employer shall give 3o days as notice period for termination.

If employer need immediate termination, employer shall compensate one month salary.

No, You shall have a company registered in China to sign a written labor contract with each of your employee.

In practice, employer will sign a fixed term contract with their employee. However, when it goes to the third time renewal of the contract, then the contract becomes to a permanent contact.

Sign a two years or three years contract is more common in China.

Labor contract in China shall be at least in Chinese, and including but not limited to:

 Company details including full name, address and legal representative or person in charge.

 Employee details including full name, ID number, address.

 Term of the employment contract; (E.g., 2 years, 3 years…).

 Position (job title), location(city), working hours, holidays, leaves.

 Package: gross salary, bonus, commission, social insurance, other benefits.

 Occupational safety, and occupational hazard prevention.

 Other terms which laws and regulations required.

You need to set up a company in China and then set up a separate Social Insurance and Housing Fund Account. After the company has been set up, you can contribute the benefits to the employees who have signed a contract with you.

The most popular job portals in China is: Zhaopin.com, Liepin.com, zhipin.com. However, these three job portals only accept a registered company in China.

If you don’t have a company in China, you can search candidates through Linkedin.com or engage a headhunting or recruitment firm to help you search the candidates.

In China, employees’ individual income tax (personal tax) shall be declared monthly by the employer, and yearly by employee themselves.

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