In this article, we provide significant insights into what employers in China need to know about hiring a part-time employee.
China’s Labor Contract Law states that it is not mandatory for part-time employees to have a written employment contract. However, it is better to have a written contract with your part-time employees to guarantee that your employee understands the terms of employment, work responsibilities, and work requirements clearly. A contract makes sure that your employee understands and agrees to abide by the company rules and regulations.
It can also act as an important document to notify employees regarding the company rules for the protection of confidential information, trade secrets, and intellectual property.
The following rules are applicable to the employment of a part-time employee in China.
An employer cannot set a probation period for a part-time employee. However, there is no minimum period specified for the term employment contract.
The working hours
A part-time employee can work for a maximum of four hours a day and a maximum of 24 hours a week. If the part-time employee works more than this, the employer might have to convert the status of the part-time employee to a full-time employee and entitle the part-time employee to all the benefits of a full-time employee.
The law requires the employer to pay the part-time employee at least every 15 days. This is different from the rules for full-time employees who are usually paid a monthly salary. Also, the salary you pay to your part-time employees must meet the local minimum wage requirement (currently RMB 18 per hour).
Termination of contract
Chinese law allows either the employer or the part-time employee to terminate the labor contract at any time. Prior notice is not mandatory. Generally, the employer is not required to pay any severance pay to the employee.
Applicable labor laws
Employers are normally required to pay only work-related injury insurance for their part-time employees. This will be the same as applicable to all full-time employees. There is no other social security contribution required for a part-time employee.
How HROne can be beneficial to your business
HROne’s service can handle the complete employee benefits for your company in compliance with the local policies and also can take care of the visa for your company’s expatriate employees. We can directly hire employees for a company not having a legal entity in China by our specialized PEO services.