Employment Compliance

The most common risks include: improper employment contract terms (missing mandatory clauses), social insurance and housing fund non-compliance, overtime and working hours violations, unlawful termination procedures, and inadequate employee handbook provisions. Our Annual Compliance Health Check systematically identifies these gaps before they become costly disputes.

Before you make any termination decision, our Risk-Managed Exit Strategy provides a professional risk assessment covering legal grounds for termination, potential compensation obligations, dispute probability analysis, and recommended procedures. This proactive approach minimizes the risk of wrongful termination claims and helps you make informed decisions with clear cost-benefit analysis.

The Dedicated Annual Retainer serves as your external legal department for all employment matters. It includes daily consultations on employment questions, document review for contracts and policies, exit planning support, compliance updates on regulatory changes, and priority response times. The fixed annual fee gives you predictable legal costs with unlimited access to employment law guidance.

PRC Labor Contract Law Art. 17 requires 9 mandatory clauses: parties' identities, contract term, work content and location, working hours and rest, remuneration, social insurance, labor protection and conditions, and any statutorily required items. Missing any clause triggers double-wage liability from the second month of employment (Art. 82). Foreign employers commonly get this wrong: using a translated foreign template, exceeding probation period limits (Art. 19: max 1 month for contracts under 1 year, 2 months for 1-3 years, 6 months for open-ended), or executing in English only without a Chinese version.

PRC law recognizes only five lawful unilateral termination grounds (Labor Contract Law Arts. 39-41): serious breach of workplace rules, criminal conviction, incompetence after training or reassignment, medical leave exceeding the prescribed period, and objective circumstances like business restructuring. "At-will" termination does not exist. Every ground requires documented evidence, a compliant internal process, and — for Art. 40 grounds — 30 days' written notice or one month's pay in lieu. Mutual termination by agreement (Art. 36) is usually the cleanest path. Non-compliant termination triggers double statutory severance (Art. 87) and potential reinstatement orders.

Statutory severance equals one month's average wage per year of service (Labor Contract Law Art. 47). Service between 6 and 12 months counts as a full year; under 6 months counts as half a year. High earners are capped at three times the local average monthly wage (the 3x cap), with years of service capped at 12. Shanghai's 2024 3x cap is approximately RMB 36,549/month. Unlawful termination doubles the figure to 2N (Art. 87). The N+1 formula (statutory N plus one month in lieu of 30 days' notice) applies in Art. 40 scenarios only.

For Chinese employees: yes — all five statutory social insurances (pension, medical, unemployment, work injury, maternity) plus housing fund are mandatory from day one. Non-compliance invites labor arbitration with retroactive contributions plus penalties. For foreign employees with a valid work permit: yes — the 2011 Interim Measures require all five insurances, though bilateral social security agreements with countries like Germany, South Korea, Japan, and Switzerland exempt specific categories. The housing fund is optional for foreign employees but is often contractually agreed.

A PRC-compliant handbook must be (1) substantively lawful — all rules consistent with Labor Contract Law and local regulations; (2) procedurally adopted — discussed with the employee congress or all staff, negotiated with the union if applicable (Art. 4); and (3) transparently communicated — delivered to each employee with a signed acknowledgment. Without all three, termination based on "serious breach of rules" (Art. 39(2)) is routinely overturned by arbitration tribunals. Key topics: attendance, performance, confidentiality/IP, code of conduct, discipline matrix. Foreign-parent templates typically fail step 2.