HR Support Services
Human Resources Administration in China is an incredibly complex process with many legal restrictions; hence it is of great importance to understand which regulations apply to your business. LehmanBrown offers the following HR Support Services in China to ensure the effective operation of your business.
- Advice on China Employment Law
- Advice on China Labour Law
- Management of Payroll and Social Welfare
- Advice on Chinese Visas and Applications
- Labour Dispute Resolution
In China different laws exist for employing local and foreign employees. Chinese employees can be recruited directly through agencies, whilst foreign employees require approval through the local Human Resources and Social Security Bureau. If employing a foreigner, the employer must also demonstrate why local employees cannot fill the position or do not otherwise qualify. Employers should also be aware of the relevant probation periods that apply, predominantly depending on the contract of employment that has been created.
When terminating an employment contract in China there are laws to ensure this process is fair for both parties. Often compensation payments are required; based on the period worked and the reason for termination. Though laws are generally are there to prevent unfair dismissal, there are also laws to support employers.
In times of slow economic growth, many foreign companies reduce their China-based workforce and depart certain facilities. As the Chinese authorities acquire taxes from foreign investment, this was unwelcome news to them and to the Chinese employees. In retaliation to the company who put them in the predicament, workers may decide to take action, it may include: sharing critical information to competitors, disclosing previously unknown and questionable accounting or sales practices to government agencies or to the press. Some employees might even decide to undertake strikes that shut down factories for weeks.
In response, the Chinese government has issued new regulations to establish dispute resolution structures within the companies themselves. The Ministry of Human Resources and Social Security (MOHRSS), on November 30 2012 promulgated Order No. 17, the Regulations on the Negotiation and Mediation of Enterprise Labour Disputes (企业劳动争议协商调解规定, the “Regulations”), effective since 1st January 2013.
How can LehmanBrown provide HR Support Services to your business?
China has very complex Visa and labour laws that require an expert to guide you through the process of the appropriate visa applications, social security & housing fund registration, calculations and taxation. LehmanBrown’s experience of handling a diverse range of situations and comprehensive knowledge of the labour, tax and employment laws enables us to assist your business with these critical operational steps through our HR Support Services.
To make an enquiry, please contact us at firstname.lastname@example.org. To learn more about the HR Support Services that LehmanBrown can offer, please see the relevant pages on our website, the FAQs and related articles on China Labour Law.