Find useful legal information for your business in China!

41.The employer notified the employee of termination only after the probation period. Is it legal?

41.The employer notified the employee of termination only after the probation period. Is it legal?

Answer: Whether this kind of termination of employment is legal depends on the grounds on which the employee terminates. There are two kinds of circumstances. The first situation is that the employer terminates the employment relationship with an employee on the ground that the employee in the probation period does not meet the hiring requirements.Read more about 41.The employer notified the employee of termination only after the probation period. Is it legal?[…]

40.Is it legal for the employer to set a second probation period for an current employee who is changing role?

40.Is it legal for the employer to set a second probation period for an current employee who is changing role?

Answer: If the employee¡¯s position is changed within the same employer, according to the provisions of the Employment Contract Law, when the employer changes your position (such as promotion), the employer must impose a new probation period. If the position change is an internal transfer between subordinate enterprises within a group company, there are differentRead more about 40.Is it legal for the employer to set a second probation period for an current employee who is changing role?[…]

39.Our company is not satisfied with the performance of a newly recruited employee during the probation period and has extended his probation period. Is this legal?

39.Our company is not satisfied with the performance of a newly recruited employee during the probation period and has extended his probation period. Is this legal?

Answer: According to the Employment Contract Law, an employee can undergo only one probation period with a single employer. The legality of extending an employee’s probation period depends on the employee’s agreement, the nature of the extension, and whether it causes the probation period to exceed the statutory limit. If the employer unilaterally extends theRead more about 39.Our company is not satisfied with the performance of a newly recruited employee during the probation period and has extended his probation period. Is this legal?[…]

38.I am a newly recruited employee of the company. What rights and obligations do I have during the probation period?

38.I am a newly recruited employee of the company. What rights and obligations do I have during the probation period?

Answer: During the probation period, the employer assesses your work abilities, and you evaluate whether the employer aligns with your career development goals. Despite uncertainties, this period is integral to the duration of your employment relationship, and you remain protected by employment laws covering aspects such as minimum wage, employer contribution of social insurance, restRead more about 38.I am a newly recruited employee of the company. What rights and obligations do I have during the probation period?[…]

37.How long of a probation period can an employer provide for a newly recruited employee?

37.How long of a probation period can an employer provide for a newly recruited employee?

Answer: The length of the probation period you may agree with a newly recruited employee depends on the type of employee. For full-time employees, if the term of the employment contract is three months or more but less than one year, the probation period shall not exceed one month; if the term of the employmentRead more about 37.How long of a probation period can an employer provide for a newly recruited employee?[…]

36.Is it legal for my employer to refuse to pay me as a student intern?

36.Is it legal for my employer to refuse to pay me as a student intern?

Answer: Whether you are entitled to remuneration, first of all, depends on whether you and the employer have formed an employment relationship. It is a complex legal and factual matter whether the interns engaged in work for an employer constitute an employment relationship. The relationship between students in a school work-study program and the employerRead more about 36.Is it legal for my employer to refuse to pay me as a student intern?[…]

35.An employer arranged a two-day no-pay trial work for a candidate. Is it legal?

35.An employer arranged a two-day no-pay trial work for a candidate. Is it legal?

Answer: It may be illegal for the employer to do so. Current judicial decisions show that although trial work has the nature of testing the ability of the recruited personnel, because the work is under the control of the employer, and the work content is an integral part of the employer’s business, or the trialRead more about 35.An employer arranged a two-day no-pay trial work for a candidate. Is it legal?[…]

24.I am a civil servant. Is there an employment relationship between me and the government?

24.I am a civil servant. Is there an employment relationship between me and the government?

Answer: The staff working in government departments are normally civil servants, and the relationship between civil servants and the government is civil servant relationship. Civil Servant Disputes refer to disputes arising from resignation, dismissal, and implementation of service contracts between government organs and civil servants, governmental institutions or social group organizations and their staff, orRead more about 24.I am a civil servant. Is there an employment relationship between me and the government?[…]

23.We are a representative office of a foreign company. Can we hire employees directly in China?

23.We are a representative office of a foreign company. Can we hire employees directly in China?

Answer: The representative office of a foreign company must employ employees through labor dispatch, and may not directly sign employment contracts with their employees. Although the Employment Contract Law provides for labor dispatch with mandatory requirements of temporary, substitutive, auxiliary roles and no more than 10% of dispatched personnel in host employers, the Interim ProvisionsRead more about 23.We are a representative office of a foreign company. Can we hire employees directly in China?[…]

22.We are a labor dispatch company. My employee requests to sign an permanent employment contract with us. Is this request legal?

22.We are a labor dispatch company. My employee requests to sign an permanent employment contract with us. Is this request legal?

Answer: Article 58 of the Employment Contract Law stipulates that a labor dispatch company shall sign a fixed-term employment contract with an employee for more than two years, but it does not stipulate whether it is necessary to sign a permanent employment contract by mutual agreements or when the legal requirements are met (for example,Read more about 22.We are a labor dispatch company. My employee requests to sign an permanent employment contract with us. Is this request legal?[…]