Hiring Employees in China
Hiring Employees in ChinaUpdated on Tuesday 31st January 2023
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Company owners who want to hire employees in China need to observe the Chinese labor and contract laws. Local employees do not have to comply with work permit regulations, but international companies are sometimes forbidden to hire Chinese citizens directly. Foreign employees in China will require a work permit and a company that wants foreign staff will need to have a hiring permission for the foreigners.
Our law firm in China can help you throughout the recruitment and hiring process. With the right help, you will be able to obtain all the necessary work permits and visas for hiring employees in China.
Hiring foreign employees in China
In order to be able to set up a branch or subsidiary in China or a local business form, a foreign company will need to obtain from the local authorities the permission to hire employees. A company will be allowed to hire staff depending on certain particularities, such as its size, its longevity on the market or the amount of registered capital. Even when a company meets all the legal requirements, the number of employees it can hire may still be limited.
After the company has obtained the right to hire, it will need to make the necessary arrangements for the foreign employees who will work in China to obtain individual work permits. The employee will need to be at least 25 years of age and have at least a bachelor degree as well as relevant work experience. The documents needed for obtaining a work permit in China are submitted to the local Human Resources and Social Security Bureau. Our Chinese attorneys can give you more information about the required application forms and the rest of the documents.
Foreign companies that have chosen to open a representative office in China cannot hire local employees directly. If this is your chosen type of company in China, our Chinese lawyers can help you hire employees through an agency that will appear as the official employer. Besides company incorporation, if you need legal help in other matters, our lawyers can assist you with that. For instance, if you are planning to apply for residency in China, we invite you to get in touch with our lawyers. You are qualified to apply for permanent residence if you: have made outstanding contributions to fostering cooperation and friendly exchanges with China and foreign countries; and have made significant contributions to China's economic and social development, as stated in Article 11 of the regulation.
Furthermore, you are welcome to rely on the services of our lawyers if you want to apply for Chinese citizenship. Except for political rights and certain other areas where the law has decided differently, an immigrant who has a Chinese green card has the same rights and duties as a Chinese citizen. So it is up to you if you want to keep a green card or further want to apply for citizenship.
Our lawyers have prepared an informative video about employment in China:
The employer’s obligations in China
A labor contract is concluded between the employer and the employee in China. The document describes the position and basic duties as well as the contractual term (fixed-term or un-fixed term). The employee’s details as well as remuneration and benefits are included in the employment contract.
You can contact our Chinese law firm in Shanghai, if you need more information about hiring employees in China. We can also help you with other company formation and legal services in China.