1. PRC Employment Law Update ACAMIS Spring Conference
March 4, 2016
Jeffrey Wilson

2. Foreign Experts

3. Foreign Experts
Provisions on Employment Contracts of Foreign Cultural and Educational Experts 《外国文教专家聘用合同管理规定》
Relationship to Labor Contract Law 《劳动合同法》
Relationship to Management Regulations on the Employment of Foreigners in China 《外国人在中国就业管理规定》
Usually one year. FEC one year?

4. Foreign Experts Age of Expert Types of Employment Direct employment
Secondees
Age of Expert

5. Foreign Experts Contract (聘用合同) Change of position Effective date
Required terms
Optional terms
Change of position

6. Foreign Experts Work Hours Transfer of employment Dual employment
Expiration of Foreign Expert Permit

7. Foreign Experts Termination Severance Dispute Resolution
Penalties for Illegal Employment
Entry-Exit Administration Law (2013) 《出境入境管理法》

8. Family Planning

9. Family Planning General rule Evidence of compliance
Two children per married couple
Evidence of compliance
Shanghai hukou—birth certificate
Other hukou—approved birth certificate (准生证）
Elimination of One-Child Parent Certificate

10. Family Planning Overseas / Hong Kong births
Foreign national parents birth in China
Both parents
One parent

11. Family Planning Violations Fines Hukou issue Employer duties:
Report violations
Discipline employees

12. Family Planning Maternity Leave
Generally, not subject to compliance with family planning
National maternity leave standard: 98 calendar days
15 days before the expected delivery date
83+ days after the delivery date
Elimination of “late birth” additional maternity days

13. Family Planning Maternity Leave Reinstatement after maternity leave
Foreign nationals
Reinstatement after maternity leave
Paternity Leave

14. Family Planning Maternity Leave Allowance
Subject to compliance with family planning
Participation in maternity insurance
Allowance paid from the maternity insurance fund
Based on the monthly average compensation of employer’s employees for the previous year
Requirement when allowances are lower than actual employee salary

15. Family Planning Maternity Leave Allowance Foreign nationals
Non-Participation in Maternity Insurance
Employer must pay actual salary and medical expenses
Foreign nationals
Beijing
Shanghai

16. Labor Dispatch

17. Labor Dispatch Grace period ended March 1, 2016
10% cap of total workforce
Eligible positions