China has employment laws that are generally applicable to the whole of the country, as well as local laws that exist in certain provinces and cities. The local laws may supplement, or substitute, the national laws. China’s employment law tends to be very pro-employee. Minimum employment rights in China cover working hours, leave, wages and social insurance.
In general, a foreign entity must establish a formal business presence in China in order to engage employees. This presence could be a WFOE or an RO. A WFOE can engage Chinese employees directly; an RO can only hire employees through a recognised ‘labour dispatch’ agency.
A human resources (HR) department is a critical component of any business in China, but even more so for a foreign invested enterprise. HR responsibilities include payroll, benefits, hiring, firing, and keeping up to date with local laws and legislation.
Sovereign China can deliver the flexible, practical employment support that clients require, especially if they’re just entering the China market. We supply a range of outsourced HR packages, business support functions and ad-hoc services that allow our clients to focus on setting up and managing their businesses.
There are strict restrictions on recruiting foreign nationals. Employers may only recruit a foreign national to fill a vacancy if the role requires special skills and there is no Chinese candidate. There are, additionally, conditions surrounding the minimum age, health and criminal records when recruiting a foreign worker, and the employer must obtain approval from the relevant supervisory body.
Sovereign China also offers a full spectrum of immigration and relocation services, ranging from processing visa applications to assisting with documentation for work and residence permits for the various layers of immigration.