Category: Chapter 1 Employment Relations

When a person gets paid for a job in China, they naturally have a work relationship with an organization or a person. To clarify legally whether the work relationship is an employment relationship or not and what kind of employment relationship it belongs to is the foundation of the rights and obligations under the employment legal relationship and answering “what should I do?” when disputes arise.

The series of questions and answers in this chapter mainly involve the basic principles of employment relation, collective employment contract, the distinction between employment relation and contractor relation, the types of employment relations, fixed-term employment contract, employment contract that ends at completion of a task (assignment contract), the characteristics of casual employee, identification of general work hours and irregular work hours, volunteer worker and employment relationship, the protection of child labor, family-member employee, employment relationship related to employee over retirement age, the identification and invalidity of labor dispatch, labor outsourcing and representative offices for foreign enterprises, as well as the civil servant, etc.

This chapter also lists some special employment relations and common types of contractor relations.

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

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: 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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

1.What is the principle that employer and employee treat each other?

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

2.What are the types of employment relations under China’s employment law?

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

3.Should I sign a collective contract or an individual contract when I join a company?

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

4.What is the legal effect of signing a collective contract by my company and my employees?

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

5.Is it legal for my employer to sign a fixed-term contract with me instead of a permanent employment contract?

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?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

6.How can I identify whether my employees are casual or full-time employees?

Answer: Casual employment is a more flexible way of employment relative to full-time, the two parties need not sign a contract (of course, signing a contract does not breach the law), and this employment relationship can be terminated at any time. According to the Employment Contract Law and judicial decisions, whether an employment relationship isRead more about 6.How can I identify whether my employees are casual or full-time employees?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

7.Can casual employees request to be transferred to a permanent or other forms of employment contracts?

Answer: Casual employment relations is a flexible way of employment. The Employment Contract Law stipulates that an employer may conclude an oral agreement with a casual employee, and both parties may notify the other party to terminate the employment relationship at any time.This provision is totally different from the permanent employment contract which emphasizes theRead more about 7.Can casual employees request to be transferred to a permanent or other forms of employment contracts?[…]