Category: Chapter 1 Employment Relations

When a person gets paid for a job in China, they naturally have a work relationship with an organization or a person. To clarify legally whether the work relationship is an employment relationship or not and what kind of employment relationship it belongs to is the foundation of the rights and obligations under the employment legal relationship and answering “what should I do?” when disputes arise.

The series of questions and answers in this chapter mainly involve the basic principles of employment relation, collective employment contract, the distinction between employment relation and contractor relation, the types of employment relations, fixed-term employment contract, employment contract that ends at completion of a task (assignment contract), the characteristics of casual employee, identification of general work hours and irregular work hours, volunteer worker and employment relationship, the protection of child labor, family-member employee, employment relationship related to employee over retirement age, the identification and invalidity of labor dispatch, labor outsourcing and representative offices for foreign enterprises, as well as the civil servant, etc.

This chapter also lists some special employment relations and common types of contractor relations.

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?

Answer: It is a very complicated legal issue when an employer continue to employ an employee who have reached the statutory retirement age. See Can an employer terminate an employee who has reached retirement age? We will explain different situations as follows. In the first case, if the employee has started to receive basic pensionRead more about 17.If my employer continues to employ me after I reach the retirement age, do we still maintain the employment relationship?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?

Answer: Your age has exceeded statutory retirement age. After the employer hires you and signs employment contract, the relation between both sides depends on whether you receive basic pension insurance payment (do not include insurance of urban social pension insurance of new-style rural insurance). If you already receive the basic pension insurance, even if youRead more about 18.I am 62 years old this year. The company recruited me and signed an employment contract with me. Is there an employment relationship between me and the company?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

19.I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?

Answer: The fact that you do cleaning work for a company and have a fixed shift schedule does not in itself identify you as an employee of the company. It also depends on other factors of the arrangement. For a detailed analysis of legal factors, please refer to How do I distinguish between an employmentRead more about 19.I am a cleaner with a regular work schedule. Am I an employee of this company or a contractor?[…]

11 Jan

Mr. Wangdong Posted in Chapter 1 Employment Relations

20.My company has signed a labor outsourcing agreement with a human resources company. Is this legal?

Answer: Whether it is legal for your company to conclude a labor outsourcing contract depends on whether your company implements the purpose of labor dispatch in the form of labor outsourcing. Although labor outsourcing and labor dispatch are both human resources companies sending personnel to the recipient to provide services, there are significant differences inRead more about 20.My company has signed a labor outsourcing agreement with a human resources company. Is this legal?[…]