Work in China
China is a vast country. You need to have a local lawyer to help you when you need legal assistance.
As a law firm, we provide you services that may enable you with great experience.
From visa to labor contract, from reviewing your apartment leasing agreement to individual income tax planning, from giving daily legal consultations to dealing with emergency matters, we provide you with great experience in this beautiful country.
We are partnering with local service providers in visa matters. We can recommend to you some trustworthy companies that are reputable in this business.
However, we only provide consultations and recommendations, but we do NOT provide visa-related services, and do NOT guarantee the quality of the services provided by the third parties (we do NOT charge you or other service providers any charges).
As a law firm, we draft, design, and review contracts, including labor contracts. If applicable, we will design a contract that best suits client’s needs.
In labor disputes, we help clients get the best possible outcome, either via strategic negotiations or litigation (arbitration) skills.
China has two basic laws to regulate labor-related matters, Labor Law and Labor Contract Law. Apart from this, there are many interpretations by the Supreme Court that have nearly the equal legal effectiveness.
The related government and its departments also have some pertaining regulations about labor related matters. Different regions (provinces) have different standards for damages, allowances, minimum salaries, average salaries, etc.
So, although labor-related laws are seemingly simple, lawyers need to have years’ experience before they can take labor cases.
Work related injuries and occupational disease (occupational disease is one type of special work-related disease) are also treated as labor matters in China.
If the employer has bought social insurance for its employee, the expenses occurred due to a work related injury (including occupational disease) will be covered by social insurance. But some employers do not have this knowledge and refuse to help its employees to prepare the relevant documents. Thus leading to huge losses in the event of such injuries.
One needs to consult a lawyer to decide if the injury can be accepted as a work related injury, and then negotiate with the employers accordingly. Otherwise, when the evidence is gone, one may lose the chance to win.
The so called “Social Security” actually refers to the five types of social insurance. They are: Social Endowment Insurance for retirement, Social Medical Insurance for health and disease, Social Work-related Injury Insurance for work related injuries (including occupational diseases), Social Maternity Insurance for maternity, and Social Unemployment Insurance for dismissal.
Together the social premiums payable for the above insurances by employers accounts for around 20% of the employee’s salary. The proportion payable by employees will be deducted by employers from employee’s pre-tax salary.
According to the relevant laws, employer MUST pay social insurance fees for employees, no matter whether the employees have sign a written waiver or not. In legal practice, the court will NOT admit the validity of such a waiver.
However, such a requirement on foreign employees is not compulsory, although there is no express rules indicating so. But the language of the waiver must be legal.
Therefore, if a foreign employee has bought social insurance in his/her home country, he/she can apply for a waiver of Chinese social insurance in order to get a higher pay.
In case you have emergency matters that need our involvement, you can also call us directly. We will help to provide you very affordable services.
Something You Should NOT DO in China
First and most important, do NOT use or touch drugs! Drug-related crimes can be prosecuted with very harsh punishment, with death penalty the most severe one. Marijuana is legal in some countries, but it is strictly forbidden in China. Smoking, selling, taking, transporting, storing, owning marijuana are all illegal and will face criminal charges.
Soliciting prostitutes is also illegal, but not a crime. One may face monetary punishment or administrative confinement (up to 15 days). But having sex with young girls under the age of 14 is a crime, and will face rape charges, no matter whether one has knowledge about the girl’s age or not.
Bigamy is a criminal offense. According to the Criminal Law, if one evidently knows that the other one is married, yet chooses to live with that married man/woman, both of them may face criminal charges. In legal practice, it is difficult to establish a bigamy offense, because some critical conditions must be met. But if enough evidence is presented to the court, such a charge can still be possibly established.
Drunk driving is illegal and may face criminal charges. Drunk driving is illegal, and if one is tested to be driving drunk, one will face criminal charges. If car accident occurs or people are hurt or killed in drunk driving, such a drunk driving can also constitute another offense “endangering public security by hazardous actions”, which is punishable by death penalty.