How to Hire Employees in China

Introduction

In the global business landscape, China stands as one of the most attractive destinations for foreign investment. However, navigating China’s intricate labor laws and regulations concerning human resources and payroll management can be a daunting task. To facilitate foreign investors and companies, it is essential to emphasize the importance of payroll outsourcing and explore who should consider utilizing Professional Employer Organization (PEO) services in China. In this comprehensive business insight, we will delve deeper into the nuances of China’s labor landscape.

Understanding Hiring Options in China

Before delving into the significance of payroll outsourcing, let’s comprehensively understand the available hiring options in China:

1. Direct Hiring:
   • Foreign companies worldwide can hire Chinese employees directly to work in China.
   • Notably, representative offices (RO) in China cannot directly hire staff. Instead, they must engage an agency to serve as the official employer, ensuring the protection of employee rights.
   Important Considerations:
   • Promptly signing written contracts with employees within the first month of their employment.
   • The presence of a probation period with a broader range of grounds for dismissal.
   • Variations in working hour systems, including standard, comprehensive, and non-fixed (flexible) work hours.
   • Compliance with payment and tax regulations, including individual income tax (IIT) filing by employers.
   • Mandatory participation in China’s social security scheme for both employer and employee, with potential exemptions for foreign employees from certain countries.
   • No mandatory minimum leave days during the first year of employment except for public holidays.
   • Regional variations in labor laws, leading to differences in areas such as minimum wage, work visa policies, social security contributions, and maternity leave.
   • The challenge of terminating employees, as at-will termination is not permissible, and grounds for dismissal are limited.
   • The requirement for non-fixed term contracts after two fixed-term contracts in some regions like Shanghai.
2. Labor Dispatch:
   • Labor dispatch serves as a supplementary employment method where a host company hires dispatch workers through a dispatch agency.
   • It is often the preferred choice when direct hiring is not permitted, such as during the setup phase of a business or for representative offices.
   • Labor dispatch helps save on hiring costs, streamlines administrative processes, and minimizes legal responsibilities for potential labor disputes.
   Applicable Positions for Labor Dispatch:
   • Temporary positions with a duration of up to six months.
   • Auxiliary positions that support the main business.
   • Replaceable positions that can be filled by dispatched employees when permanent employees are absent.
   Restrictions:
   • The Interim Regulations impose a limit on the number of dispatched employees, capping it at 10% of the total workforce.
3. Outsourcing:
   • Outsourcing serves as another form of supplementary employment, typically used for specialized tasks requiring expertise, confidentiality, or a defined scope.
   • It can be an alternative to labor dispatch, particularly in response to the increasing scrutiny of dispatch employment practices.
   • Under this model, client enterprises do not have a direct employment relationship with outsourcing employees.
   Characteristics of Outsourcing:
   • Specialized tasks.
   • Defined scope of work.
   • Utilization of specialized software licensed by the outsourcing company.
   • High autonomy for the outsourcing company to allocate resources as needed.

Hiring Foreign Employees in China

When it comes to hiring foreign employees in China, specific criteria and administrative procedures must be met:

• Foreign employees should be at least 18 years old, healthy, possess professional skills and corresponding work experience, have no criminal record, and hold a valid passport or international travel document.
• Citizens of Hong Kong, Macao, and Taiwan are treated similarly to mainland Chinese in terms of employment management.

Note: For foreigners working in China for less than 90 days, different procedures apply, depending on the current regulations.

Types of Labor Contracts in China

China’s labor contracts fall into three primary categories:

1. Fixed-term Labor Contract:
   • This type establishes an employer-employee relationship for a specified duration, making it suitable for part-time or full-time work.
2. Non-fixed Term Contract:
   • A non-fixed term contract lacks a predetermined duration and effectively provides job security to the employee until retirement age.
3. Job Contract:
   • Job contracts are defined by the specific task or project the employee will work on, rather than a fixed time frame. They are ideal for hiring individuals for project-based work.

Mandatory Clauses in Labor Contracts

To ensure compliance with Chinese labor laws, labor contracts in China must include specific mandatory clauses:

• Company information, including name, address, and the name of the legal representative or key person in charge.
• Employee details, including name, address, and identification number.
• Clear terms of the labor contract.
• Detailed job description and the location of work.
• Stipulated working hours, rest periods, and off days.
• Comprehensive salary details.
• A commitment from the employer to contribute to social insurance for the employee.
• Provisions related to labor protection, working conditions, and protection from occupational hazards.

Obligations for Companies Hiring in China

Two critical obligations stand out for companies when hiring in China:

1. Withholding and Paying Individual Income Tax (IIT):
   • IIT in China is levied at a progressive rate, with percentages varying based on taxable income.
   • Employers are responsible for accurately calculating and withholding IIT on employment income before paying the net amount to their employees.
2. Social Insurance Contributions:
   • China’s social security system comprises six types of insurance, including pension, unemployment, medical, work-related injury, maternity, and housing fund.
   • While both employers and employees are obligated to make contributions, it is primarily the employer’s responsibility to calculate and withhold payments for both parties accurately.

Understanding the Complexity of Payroll Management in China

As the world’s most populous country and a global economic powerhouse, China’s labor market is marked by complexity and constant change. To ensure smooth and compliant operations, foreign investors and companies must navigate a multitude of regulations, varying from region to region. This complexity extends to areas such as individual income tax, social insurance, and labor disputes.

Individual Income Tax (IIT):

• China’s IIT system operates on a progressive tax rate, ranging from 3% for incomes up to RMB 36,000 to 45% for incomes exceeding RMB 960,000 for resident taxpayers.
• Employers must file IIT on a monthly basis, covering various aspects of an employee’s compensation package.

Tax Payment and Deadline:

• Employers are required to file IIT within the first 15 days of the month following the tax withholding, either through the online IIT system or by submitting a Filing Form for Individual Income Tax Withholding to the relevant Tax Bureau.

Social Insurance:

• China’s social security system encompasses six types of insurance: pension, unemployment, medical, work-related injury, maternity, and housing fund.
• Both employers and employees are obligated to make contributions, but it is the employer’s responsibility to accurately calculate and withhold payments for both parties.

Navigating Regional Variations

One of the distinctive characteristics of China’s labor landscape is the intentional broadness of national laws, which leaves room for local interpretation and additional legislation. Consequently, regulations and practices can vary significantly from one city or region to another. It’s crucial for businesses operating in China to be aware of these regional variations, as they can have a profound impact on HR and payroll management. Here are some key areas where regional differences may come into play:

1. Minimum Wage: Minimum wage levels are often determined at the local level, leading to variations between cities and provinces. Businesses must comply with the specific minimum wage regulations applicable in their region.
2. Work Visa Policy: The requirements and procedures for obtaining work visas (Z-visas) for foreign employees can differ between regions. Understanding the local work visa policies is vital for ensuring that foreign employees have the necessary documentation to work legally.
3. Social Security Contributions: The rates and rules for social security contributions can vary from one city to another. Employers need to be aware of the specific requirements in their location and ensure compliance.
4. Maternity Leave: The duration and conditions of maternity leave can vary by region. Employers must adhere to the local regulations regarding maternity leave entitlements.
5. Labor Dispute Resolution: The procedures for resolving labor disputes may differ from one jurisdiction to another. Companies should familiarize themselves with the dispute resolution mechanisms applicable in their area.

Challenges in Employee Termination

Terminating employees in China can be a complex and expensive process, and it is essential to be aware of the challenges involved. While employees have the right to resign with 30 days’ notice after their probation period, employers have limited grounds for terminating an employee before their contract expires. Some of the key points related to employee termination include:

• No At-Will Termination: China does not follow an at-will employment system. Employers must have valid grounds for dismissal.
• Non-Fixed Term Contracts: After an employee completes their second contract with a company, they are generally offered a non-fixed term contract as the third contract unless they request another fixed-term contract. Non-fixed term contracts can only be terminated if there are legitimate grounds for dismissal.
• Severance Payments: Severance payments mandated by law can be substantial and form a significant part of overall HR costs.

The Role of Payroll Outsourcing in China

Given the complexities and nuances of China’s labor and payroll regulations, many businesses, especially foreign investors, turn to payroll outsourcing as a strategic solution. Payroll outsourcing provides several advantages, including:

1. Compliance Assurance: Outsourcing providers are experts in Chinese labor laws and regulations. They ensure that payroll processing is in full compliance with local and national requirements, reducing the risk of legal issues.
2. Time and Cost Savings: Outsourcing payroll functions saves businesses valuable time and resources. Companies can redirect their focus on core business activities while leaving the intricate payroll management to professionals.
3. Expertise in Taxation: Payroll outsourcing providers are well-versed in individual income tax (IIT) calculations and filings, ensuring accurate and timely tax payments for employees.
4. Efficiency and Accuracy: Outsourcing providers utilize specialized payroll software and systems to streamline payroll processes, reducing the chances of errors and delays.
5. Scalability: Outsourcing allows businesses to scale their workforce without the burden of setting up and managing internal HR and payroll departments.

Conclusion: Who Should Use Payroll Outsourcing Services in China?

In conclusion, a comprehensive understanding of China’s labor landscape and the various hiring options available is crucial for foreign investors and companies operating in China. While direct hiring, labor dispatch, and outsourcing each have their merits, it is clear that navigating China’s labor laws and payroll regulations can be challenging.

Given the regional variations, compliance complexities, and the importance of accurate payroll management, businesses expanding or establishing their presence in China should strongly consider the benefits of payroll outsourcing. Payroll outsourcing services in China offer a practical and strategic solution for ensuring compliance, efficiency, and accuracy in HR and payroll management, making them a valuable choice for companies of all sizes and industries.

Ultimately, anyone seeking success in China’s dynamic business environment can benefit from a firm understanding of the importance of payroll outsourcing and the role it plays in achieving compliance and operational excellence.

China Payroll is an example of this type of company. We offer employee leasing services such as HR and accounting to clients who do not have a legal entity. China Payroll is a fully licensed provider of employment services or employee leasing in China.

Through employment solutions, China Payroll enables foreign companies to expand their operations in China. We are a one-stop agency for Human Resources for foreign companies and businesses looking to establish and operate in China. If you want to learn more about how to hire employees in China, feel free to contact us.