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?[…]

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?[…]

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?[…]

Answer: If you have been assigned to work for your current company by a human resources company, there are four possibilities for your relationship with the human resources company and your current company. The first possibility is that you are an independent contractor and have no employment relationship with the human resources company and theRead more about 21.I was assigned to work for a company by a human resources company. What is the relationship between me and the human resources company?[…]

Answer: Employment relations in China are regulated by the 1995 Labor Law and the 2012 Employment Contract Law. The application of employment law in China, like other sciences, follows specific sub-principles derived from general principles, which, in turn, are based on the fundamental principles of Chinese employment law. Article 1 of the Employment Contract LawRead more about 1.What is the principle that employer and employee treat each other?[…]

Answer: According to the termination time of employment relations and the types of work arrangements, China’s Employment Contract Law and judicial decisions stipulate or list the following six types of employment contracts: The first is permanent employment contracts, in which no expiry time is provided for, are normally full-time contracts. Full-time employees typically work 40Read more about 2.What are the types of employment relations under China’s employment law?[…]

Answer: Collective contract is the contract that signs by employers and trade unions or employees collectively. The contract¡¯s terms and conditions apply to all trade union members or the employees who participate in the collective contract. The purpose of collective contract system setting is to protect the rights of employees¡¯ collective bargaining and their employmentRead more about 3.Should I sign a collective contract or an individual contract when I join a company?[…]

Answer: According to the Employment Contract Law in China, after employees negotiate collectively and sign collective contract with their employer, the collective contract shall be registered with labor administrative agencies (normally the local labor Bureau). If the agency did not raise objection within 15 days, this collective contract just becomes effective. Whether the collective contractRead more about 4.What is the legal effect of signing a collective contract by my company and my employees?[…]

Answer: Employment law in China encourages employers to sign permanent contracts with new recruits and employees (Article 12 of the Employment Contract Law). In the practice of employment law, however, the most common form of contract is fixed-term contract between employers and their new employees. But, the Employment Contract Law has different rules for employeesRead more about 5.Is it legal for my employer to sign a fixed-term contract with me instead of a permanent employment contract?[…]