Hire in China
People's Republic of China — 1.41 billion population, $12,720 GDP per capita. Everything you need to know about employment law, tax, compliance and hiring in China.
Capital
Beijing
Currency
Chinese Yuan Renminbi (CNY)
Languages
Mandarin Chinese
Time zones
UTC+8 (CST)
Hiring overview
- Typical time to hire
- 2-4 weeks for contractor, 4-8 weeks for full-time
- Entity requirement
- WFOE (Wholly Foreign-Owned Enterprise) or JV. Registration at local AIC (Administration for Industry and Commerce). Process takes 1-3 months.
- EOR available
- Yes — from $399/employee/month through a Corpshore entity
- Contractor of record
- Yes — from $39/worker/month
Employment law
- Standard workweek
- 40 hours (8 hours/day, 5 days). 996 culture (9am-9pm, 6 days) exists but was ruled illegal in 2021.
- Maximum weekly hours
- 44 hours
- Minimum annual leave
- 5-15 days depending on tenure (5 days for 1-10 years; 10 days for 10-20 years; 15 days for 20+ years)
- Public holidays
- 11 per year
- Maternity leave
- 98 days minimum (national). Provincial policies extend to 128-190 days.
- Paternity leave
- 15-30 days depending on province
- Notice period
- 30 days (both parties for standard termination). Immediate termination for cause.
- Severance
- 1 month salary per year of service (N+1 formula for no-fault termination). Capped at 3x local average salary.
- Probation
- 1-6 months depending on contract duration
- Overtime rules
- 150% (weekday), 200% (rest day), 300% (public holiday). Maximum 36 overtime hours per month.
Tax overview
- Income tax range
- 3% to 45% (progressive)
- Corporate tax
- 25% (15% for qualified high-tech enterprises)
- Social contributions
- Five insurances + housing fund: employer ~30-40% (varies by city), employee ~10-11%.
- VAT / GST
- 13% (standard); 9% (transport, construction); 6% (services)
- Tax year
- Calendar year
- Treaty network
- Over 110 tax treaties
Compliance landscape
- Worker classification
- Labour Contract Law (2008) creates strong protections. Fixed-term contracts convert to open-ended after 2 renewals or 10 years. Individual service agreements for genuine contractors.
- Data protection
- Personal Information Protection Law (PIPL, 2021) — China's GDPR equivalent. Cyberspace Administration of China (CAC) enforces. Data localisation requirements for critical information infrastructure operators. Cross-border transfer restrictions.
- Right to work
- Work permit (Type A/B/C) and residence permit required. Type A for high-end foreign talent. Employer must demonstrate need.
- Non-compete
- Enforceable under Labour Contract Law Article 23-24. Must be compensated (minimum 30% of salary). Maximum 2 years. Limited to senior management, senior technicians, and those with confidentiality obligations.
- Collective bargaining
- ACFTU (All-China Federation of Trade Unions) is the sole legal union. Collective contracts negotiated at enterprise level. Strike activity is technically unregulated (neither legal nor illegal).
Payment rails
CNAPS (China National Advanced Payment System) handles interbank transfers. Alipay and WeChat Pay dominate consumer payments (~$40T annually). Cross-border CNY settlement growing but capital controls apply.
Key considerations for hiring
- Social insurance contributions (five insurances + housing fund) add 30-40% to salary cost, varying by city
- PIPL (2021) imposes strict data localisation and cross-border transfer requirements
- Labour Contract Law makes termination difficult and expensive; the 'N+1' severance formula is standard
- China's tech sector faces regulatory reshaping (antitrust, data privacy, education); talent market is adjusting
Business and cultural context: China
Business culture
Relationship-driven (guanxi). Hierarchy matters. Business meals (banquets) are important for relationship-building. Face (mianzi) is a key cultural concept. WeChat is the primary business communication tool.
Key industries
Talent pool strengths
Historical context
China's tech industry grew from effectively zero in the 1990s to rivalling Silicon Valley by 2020. The Great Firewall created a protected market that allowed Baidu, Alibaba, and Tencent (BAT) to grow without US competition. China now leads in mobile payments (Alipay and WeChat Pay process more than Visa and Mastercard combined), electric vehicles, and 5G deployment. The 2020-2022 regulatory reset (antitrust, PIPL, education crackdown) marked a new phase of state-guided technology development.
Ready to hire in China?
Use our EOR service from $399/month and we handle employment law, payroll, tax and compliance in China for you.