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?[…]

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?[…]

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?[…]

Answer: Irregular and general work hours under employment law are set due to the characteristics of roles or industries, including nature of work, natural conditions, or seasonal conditions, where standard hours cannot be applied. Comparing with the standard work hours, they can only balance staff¡¯s work and rest by means of intensive work, concentrated orRead more about 8.Is my employment contract on general work hours(or irregular work hours) considered valid?[…]

Answer: In principle, pure volunteers are not considered as workers under the legal system of employment law. However, in practice, employers may grant subsidies or provide benefits such as allowances or reimbursement to volunteers, at which time the situation will be somewhat complicated. The court will examine the agreement between the two parties, whether thereRead more about 9.Can a volunteer be an employee?[…]

Answer: It is a complicated legal issue to judge whether a work relationship is an employment relationship or an independent contractor relationship (It is called LaoWu relationship or also expressed as Guyong relationship in some of judicial decisions). Generally speaking, an contractor is not an employee and is not protected by employment law at all.Read more about 10.How do I distinguish between an employment relationship and a contractor relationship?[…]