Resourcing

Regulation of employment agencies …

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A national policy on lifelong vocational training for workers was established in 2018 …

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Any HR policy must be subject to consultation with employees (even if not with all employees) before it may become effective …

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Example of a Full-Time Employment Contract (Foreign company) The People’s Republic of China Parties Note: This document is illustrative in nature and legal advice from a Chinese employment lawyer should be sought before using it in particular cases …

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Persons under the age of 16 must not be employed, unless authorisation has been given by the labour authorities for them to undertake work in literature, art, performing arts or sport …

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A significant amount of recruitment has moved online to livestreaming …

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An employer may not dismiss an employee during their probationary period purely at will …

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Are such clauses lawful? Under the Chinese Labour Contract Law, employers are permitted to sign post-termination non-compete clauses with senior managers, senior technicians and other employees that have a duty of confidentiality …

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In China, part-time employment contracts are differentiated from full-time employment on the basis that employees are paid on an hourly basis rather than a monthly basis …

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Open-term contracts are those that are concluded for an indefinite period …

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The employer and employee may agree that the employment relationship should only be established for a fixed period;  such ‘fixed-term’ contracts are very common in China …

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The types of employment contracts concluded in China are: fixed-term, open-term (indefinite contracts), and project-based …

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Agency workers are referred to in the Labour Contract Law as ‘dispatched labour’,  which states that such workers may only be engaged to fill temporary, auxiliary or substitute positions in the workplace …

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