Find useful legal information for your business in China!

16.Is the family member of the boss hired by the company considered an employee?

16.Is the family member of the boss hired by the company considered an employee?

Answer: The relationship between a family member of the boss or actual controller of the employer works for the employer is a special situation. Different from ordinary employment relationship between employee and employer, the relationship involves domestic affection and kinship. Whether the relationship is an employment depends on the closeness of the relationship between theRead more about 16.Is the family member of the boss hired by the company considered an employee?[…]

17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?

17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?

Answer: It is a very complicated legal issue when an employer continue to employ an employee who have reached the statutory retirement age. See Can an employer terminate an employee who has reached retirement age? We will explain different situations as follows. In the first case, if the employee has started to receive basic pensionRead more about 17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?[…]

18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?

18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?

Answer: Your age has exceeded statutory retirement age. After the employer hires you and signs employment contract, the relation between both sides depends on whether you receive basic pension insurance payment (do not include insurance of urban social pension insurance of new-style rural insurance). If you already receive the basic pension insurance, even if youRead more about 18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?[…]

19.I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?

19.I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?

Answer: The fact that you do cleaning work for a company and have a fixed shift schedule does not in itself identify you as an employee of the company. It also depends on other factors of the arrangement. For a detailed analysis of legal factors, please refer to How do I distinguish between an employmentRead more about 19.I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?[…]

20.My company has signed a labor outsourcing agreement with a human resources company. Is this legal?

20.My company has signed a labor outsourcing agreement with a human resources company. Is this legal?

Answer: Whether it is legal for your company to conclude a labor outsourcing contract depends on whether your company implements the purpose of labor dispatch in the form of labor outsourcing. Although labor outsourcing and labor dispatch are both human resources companies sending personnel to the recipient to provide services, there are significant differences inRead more about 20.My company has signed a labor outsourcing agreement with a human resources company. Is this legal?[…]

Preface of Q&A ON CHINESE LABOR LAW PRACTICE

Preface of Q&A ON CHINESE LABOR LAW PRACTICE

The purpose of this book is to present the practical issues of China’s employment law by answering “what should I do” in a concise question-and-answer way. China’s employment law is a law that confuses many foreign investors or foreign employees in China. They feel that the legal provisions of the employment law are inconsistent withRead more about Preface of Q&A ON CHINESE LABOR LAW PRACTICE[…]

Can a breach of the Personal Information Protection Act constitute a criminal offence?

Can a breach of the Personal Information Protection Act constitute a criminal offence?

Answer: Yes. While generally, a violation of the Personal Information Law leads to civil infringement and administrative penalties, under certain conditions and to a certain extent, it may also constitute a crime as per Article 235 of the ‘Criminal Law.’ This crime involves infringing upon the personal information of citizens, and the legal consequences include potential imprisonment for up to three years or detention, along with a fine or a single fine.

We are a representative office of a foreign company. Will the registration of personal information required by the Chinese government to leave the country result in the disclosure of trade secrets?

We are a representative office of a foreign company. Will the registration of personal information required by the Chinese government to leave the country result in the disclosure of trade secrets?

Answer: Foreign representative offices and foreign-funded enterprises may have concerns about signing standard contracts and filing registrations, as it may potentially disclose customer information and other trade secrets. This concern is not entirely unfounded. According to the Personal Information Protection Act, any company, including foreign-funded enterprises, is indeed required to disclose their affiliated companies, suppliers, or customers abroad when filing registrations with the Chinese government.