New China Labour Law

Posted by mid-levels (152 days ago)

Hi Everyone,
I employed some freelance consultancies (private persons) in China, with a consultancy contract (fixed monthly salary plus reimbursement of travelling expenses, mobile phone etc.)

These persons are only working exclusively for my company and not allowed to take up any other
consultancy jobs.

My questions are:

1) Are these contracts now illegal in China due to the new labour law and do I have to have a small back office to employ these persons via FESCO or other agencies?

2) Does the weekly working hours and extra payment for Saturday and Sunday work also apply?

3) Is it illegal to keep on employing them under current contracts?

Thanks much for your kind help.
Cheerio

(I am based in Hong Kong)

Posted by gdbill (146 days ago)

You left out a lot of important details. What nationality are these consultants you have hired? What type of company do you run and what is its legal status in China? How long is the contract you have signed with them?

(I am based in Guangzhou)

Posted by lynn.ng (108 days ago)

You may wish to find out more information about Employing Local Personnel in China through this link: http://www.jljgroup.com/page/en/77/Employing-Local-Personnel-in-China.html

Lynn Ng
The JLJ Group
www.jljgroup.com

(I am based in Shanghai)