China: The Contracting Of Part-Time Workers In China – The Employees Raise Complaints

Last Updated: 26 April 2007
Article by Matthew Murphy
and Catherine Cai, MMLC Group China

"They said the contracts we entered into with them shall be governed by the General Principles of Civil Law of People’s Republic of China rather than Labor Law of People’s Republic of China (hereinafter referred to as "Labor Law of PRC"), and are neither full-time employment contracts nor non-fulltime employment contracts…" "We work for a long time everyday, sometimes even over 10 hours, however, we are paid under the minimum hourly wage…". Complaints raised by part-time student workers, working at major restaurant chain stores in China, captured enormous media attention in March and April of this year. This article looks at the issues involved and suggests that the relevant regulations need to be clarified in order for such issues to be effectively resolved by the workers and their "employers".

Employers’ Contentions

First Contention

The employers’ first contention is that undergraduates can’t enter into an "employment contract" in accordance with relevant laws and regulations, so the contracts between Corporations and undergraduates are "Work Contracts" rather than Employment Contracts, and thus the Labor Law of PRC, including its provisions on minimum wages, shall not apply.

Analysis

What is a "Work Contract"? Work Contract refers to a contract with respect to the provision of services, which include contractors’ agreements, brokerage contracts, labor dispatching contracts, consultants’ contracts etc. An "Employment Contract" refers to a contract under which labor relations have been set up and the rights and obligations of the employers and employees have been specified. The differences between these two kinds of contracts are as follows:

(1) The subject is different - a Work Contract can be concluded between individuals, legal entities or private business organizations, or between an individual and a legal entity or private business organization, while an Employment Contract can only be concluded between the individual providing services and a legal entity, or private business organization receiving the services;

(2) The applicable law is different - Work Contracts shall be governed by the Contract Law of the People’s Republic of China (hereinafter referred to as "Contract Law of PRC"), which leaves more room for the parties to the contract to reach an agreement, while Employment Contracts are governed by the Labor Law of PRC, which imposes on both parties more restrictions with respect to, including but not limited to, working conditions, social insurance, minimum wages, working hours, risk responsibilities, and dispute settlement;

(3) The relationship between both parties to the contract is different - Parties to a Work Contract are equal to each other, one party independently provides services and the other pays the consideration agreed upon by both parties, while the individual party to an Employment Contract (the "employee") shall be a member under the management of the legal entity party to the contract (the "employer") and shall abide by its rules and regulations. The relationship between two parties to the contract is a key factor to distinguish these two kinds of contracts from each other.

In terms of the content and intent of the contracts concluded by the employers and undergraduates, those contracts should be Employment Contracts in nature, as undergraduates provide paid services under the management of the employers instead of working independently. However, subparagraph 12 of paragraph 1 of Article 2 of the Notification of Ministry of Labor and Social Security with respect to the Printing and Distribution of the (hereinafter referred to as "Notification") does allow for the employers to put forward the following: "Any undergraduate taking a part-time job shall not be deemed as being employed, and no labor relationship shall be deemed to have been established, and an employment contract is not necessary to be concluded between an undergraduate and the party he/she works for.", as no labor relationship has been set up, and thus, there shall be no application of the Labor Contract of PRC to this arrangement.

The abovementioned Notification was promulgated on August 4, 1995 when undergraduates generally would be allocated to a position as designated by the relevant government department, after they graduated from their universities - in this case, if undergraduates taking a part-time job were deemed as being employed, they would lose the opportunity to be allocated to the position designated by the state, which would greatly impact on their chances of success under the graduate employment allocation scheme of the state. If this Notification is the reason why employers set up their current working arrangements with undergraduate part time workers in the 1990’s, then we can certainly see why the employers are putting forward their assertions and arguments – the employers originally set out to actually assist and protect their employees. However, given that many undergraduates these days are looking for work outside the civil service and the state allocation system, and the government and courts certainly know this, it is certainly possible that the PRC governments and courts could conclude that the employers have taken advantage of this Notification for their own benefit. Even so, the Chinese government needs to revoke this Notification in order for employers to be able to employ undergraduate part time workers without fear of hurting their future employment prospects, if the undergraduate ends up deciding to gain employment through the state allocation scheme – of course, when joining one of these employers, the undergraduate will not be able know which direction he or she is going in though, and we should not end up in a situation where each undergraduate is required to make a choice at an early stage.

Today, in reality, China has adopted a new system of free employment and bilateral choice of job, and all undergraduates generally find jobs on their own after graduating from universities - thus the provision provided in subparagraph 12 of paragraph 1 of the Notification is no longer suitable for China’s practice now – this is a generally accepted proposition by the Chinese people according to Internet chatter. Unfortunately, the Ministry of Labor and Social Security has not revoked this Notification or amended it by deleting the relevant provision – to complicate things, various local labor bureaus have actually formulated their own employment regulations on the basis of this provision, which set forth that the contracts concluded by undergraduates taking a part-time job, shall not be governed by those employment regulations (see Annexure 2).

The undergraduates and their supporters have put forward a number of regulations in support of their arguments for a general increase in wages and that they are actually being employed by the employers:

1. It is regulated in Article 3 of the Opinions on Further Regulating Undergraduates Taking a Part-time Job of the Ministry of Education and Central Commission of Communist Youth League of China, which was promulgated on April 8, 2005, that "Remuneration of undergraduates taking a part-time job shall not be less than RMB 8 per hour in principle, and if it is possible, a higher pay shall be sort."

However, this provision is not a strong support for undergraduates taking part-time jobs due to the departments promulgating this regulation. The Central Commission of the Communist Youth League of China is not a legislative body and the Ministry of Education has no right to enact any regulations with respect to labor and social security issues – consequently, this Opinion is really simply and opinion or suggestion and has no legislative force.

2. In May 25, 2005, the Ministry of Labor and Social Security issued the Notification on the Establishment of Labor Relationships, which set forth in Article 1 that: "In a case where an employer fails to conclude a written employment contract with the person who works for it (the "worker"), a labor relationship shall be deemed to have been established between the employer and the worker, if all the followings have been satisfied: (1) both the employer and the worker satisfy the subject qualifications required by laws and regulations; (2) all working rules and regulations of the employer shall apply to the worker, who shall be under the management of employer and work for the employer for remuneration; (3) services provided by the worker shall be a part of the business of employer."

It may be argued that undergraduates have set up labor relationships with the employers in accordance with the preceding provision, as they are capable of providing services and have the right to work under the Constitution of People’s Republic of China, and are paid for their work under the management of the employers – such a view leads to a direct conflict between this provision and subparagraph 12 of paragraph 1 of Article 2 of the Notification referred to above. Pursuant to relevant legal principles, the more recently promulgated law shall prevail when there is any conflict between a newer law and an older one – therefore, it is possible to conclude that an employment relationship exists between the undergraduate part- time workers and their employers. This seems to be a strong argument.

Second Contention

Employees of the employers employed on an hourly basis sometimes have to work for more than 5 hours per day and sometimes for less, so the contracts between the employers and employees are neither full-time employment contracts nor "non-fulltime" employment contracts, and therefore shall not be subject to the governance of the Labor Law of PRC and the regulations on non-fulltime employment, especially in terms of regulations on working hours and minimum wages.

According to the Opinions of the Ministry of Labor and Social Security on Several Problems on Non-full-time employment (as described in Annex 1): "non-fulltime employment refers to the employment situation, where employees shall be paid on an hourly basis and shall work no more than 5 hours per day and 30 hours cumulatively within one week"; and according to Article 36 of the Labor Law of PRC: "The state shall adopt such a working hours system under which employees shall work no more than 8 hours per day, and 44 hours per week on average". KFC has therefore concluded that its contracts with employees are neither full-time employment contracts nor non-full-time employment contracts, so the regulations on working hours of both full-time employees and non-fulltime employees shall not apply.

It is difficult to support this contention based on the actual regulations. Upon reading Article 37 of the Labor Law of PRC ("For those employees working on a piece-work basis, employers shall reasonably determine their work quota and remuneration in accordance with the working hours system provided in the preceding article …"), we can see that whatever kind of form the employment takes, and no matter how many hours employees work per day or per week, the working hours limit of 8 hours per day and 44 hours per week must be observed, and those general provisions provided in Labor Law of PRC, including but not limited to the provisions on working hours and minimum wages, shall apply upon the establishment of labor relationships.

Potential Liabilities for the Employers Regarding Violation of PRC laws

Article 25 of the Regulations on the Supervision of Labor Security of the State Council stats that in a case where employers prolong working hours in violation of laws, regulations and rules, with respect to labor and social security, the administrative department of labor and social security shall warn the employers and order the employer to rectify the violations within the time limit specified by such department, and impose a fine of more than RMB100 and less than RMB 500 per employee that is made to work overtime.

Article 26 of the Regulations on the Supervision of Labor Security of the State Council states that should any of the following occur, the department of labor and social security shall order employers to pay employees within the time limit it designates, and compensate employees for the difference between the wage employees received and the statutory minimum wage, or for the termination of the contract; in case of any delay in payment, employers shall pay additional damages of an amount of more than 50% and less than 200% of the original damages amount:

  1. Employers deduct or delay in payment of remuneration of employees without due reasons;
  2. Employers pay employees below the minimum wage level;
  3. Employers terminate the employment contract without providing any compensation in accordance with the laws and regulations.

It is also worth noting the relevant regulations applicable in Guangdong province, as this is where the disputes we are discussing seems to have had its origin – they essentially reinforce the national regulations described above. Article 49 of Regulations on Wage Payment of Guangdong Province states that, should any of the followings occur, the department of labor and social security shall order employers to pay employees, make up the difference between wages employees received and minimum wage and pay for the overtime work or prolonged work within the time limit it designates; in the case of any delay in payment, employers shall pay compensation to employees of an amount of more than 50% and less than 200% of the payable amount:

  1. Employers deduct or delay in payment of remuneration of employees without due reasons;
  2. Employers pay employees under the minimum wage level;
  3. Employers refuse or fail to pay employees for their overtime work or prolonged work in accordance with relevant regulations.

Article 17 of Regulations on Minimum Wage of Employees of Guangdong Province states that in a case where employers pay employees under the minimum wage or delay the payment of remuneration to their employees, the labor administrative departments shall order employers to pay in full, and compensate employees, on a daily basis, a sum of 1% of their unpaid wages, after 5 days having been elapsed from the date the wages should be paid.

In a case where employers fail to pay employees on time in violation of minimum wage regulations or delay payment for a period of 3 months consecutively or even longer, the labor administrative department may impose a fine of between RMB5,000 and RMB10,000.

***

Appendix 1

Opinions on Several Problems Concerning Non-fulltime Employment of Ministry of Labor and Social Security

Bureaus of labor and social security of all provinces, autonomous regions and municipals directly under the State Council,

Non-fulltime employment featuring in the employment of workers by hours has witnessed a rapid growth in recent years. Such a kind of employment breaches the traditional full-time employment model, satisfies the demand of employers for flexible employment and of employees for independent in choice of work and is an important channel to promote employment. It is in the spirit of the Circular on Further Promoting the Reemployment of Layoff Workers of the Central Committee and the State Council (ZhongFa (2002) No.12) and for the purpose of regulating the non-fulltime employment of employers, safeguarding the legitimate rights and interests of employees and promoting the development of non-fulltime employment, opinions on non-fulltime employment have been raised as follows:

1.Labor Relationship of Non-fulltime Employment

(1) Non-fulltime employment refers to the employment that employees shall be paid on an hourly basis and shall work no more than 5 hours per day and 30 hours accumulatively per week for one employee.

Non-fulltime employees may enter into labor relationship with one or more than one employers. An employment contract shall be concluded between the employer and non-fulltime employee upon the establishment of labor relationship. Employment contract usually shall be executed in writing; however, a verbal contract is permitted upon the agreement between both parties, if the term of such contract is less than 1 month. Employment contract shall be executed in writing if the employee so required.

(2) If an employee is dispatched by a duly established labor dispatching agency to provide non-fulltime services to other employers, families or individuals, it shall enter into an employment contract with the dispatching agency.

(3) The content of a non-fulltime employment contract can be determined through the agreement of both parties, which must include the provisions on working hours, term of employment, job content, remuneration, labor protection and working conditions, however, no probationary period shall be included in such a non-fulltime employment contract.

(4) Termination conditions of a non-fulltime employment contract shall be specified in the contract between two parties. If no notification period for the termination of a non-fulltime employment contract has been specified in such employment contract, either party may notify the other party at any time of its intent of terminating this contract. Liabilities for breaching the contract, if any, shall be born.

(5) Employers shall make a recordal for all the non-fulltime employees it employed with the local department of labor and social security.

(6) Files of non-fulltime employees can be managed by Public Job Referral Agency under the department of labor and social security of the place of domicile of employees.

2. Payment of Wages of Non-fulltime Employees

(7) Employers shall pay for non-fulltime employees on time and in full. The hourly wage paid by employers to non-fulltime employees shall not below the minimum hourly wage determined by local government.

(8) Minimum hourly wage of non-fulltime employees shall be stipulated by governments of provinces, autonomous regions or municipals directly under the State Council, and be recorded with the Ministry of Labor and Social Security. The following factors shall be taken into consideration when determining and adjusting the minimum hourly wage: minimum monthly wage determined by the local government, basic pension and basic medical insurance premium payable by employers (if the minimum monthly wage issued by local government excludes the social security premium payable by employees, such premium shall also be considered), the differences of the stability of work, working conditions and strength and welfare between non-fulltime employees and full-time employees. The formula to calculate the minimum hourly wage shall be as follow:

Minimum hourly wage={(minimum monthly wage÷20.92÷8)×(1+ratio of basic pension and basic medical insurance premium payable by employers)}×(1+floate factor)

(9) Wages of non-fulltime employees can be paid on an hourly, daily, weekly or monthly basis.

3. Social Security of Non-fulltime Employees

(10) Non-fulltime employees shall effect basic pension insurance in reference to relevant measures on the effect of insurance of privately business. For those employees under the coverage of basic pension insurance and having established an individual account, the time paying for the premium shall be calculated accumulatively, and employees moving from one region planning as a whole to another shall go through the formalities of transfer and receiving the basic pension insurance relationship and individual account. Basic pension shall be distributed to those employees satisfying the retire conditions.

(11) Non-fulltime employees shall effect basic Medical insurance in the name of an individual and enjoy the corresponding treatment on the principle of matching the treatment to the premium having been paid. The specific measures to effect basic medical insurance shall be promulgated by the local department of labor and social security.

(12) Employers shall effect employment injury insurance for non-fulltime employees it set up labor relationships with, in accordance with relevant regulations of the state. Any non-fulltime employees subject to injuries shall be compensated under the employment injury insurance, for those employees being determined as suffer a injury graded as Level 5-10, the compensations and other expenses can be settled at one time upon the agreement between such employee and employer.

4. Settlement of Labor Disputes of Non-fulltime Employees

(13) Any disputes arising form the performance of employment contracts between non-fulltime employees and employers shall be dealt with in accordance with the state regulations on the settlement of labor disputes.

(14) Regulations on the settlement of labor disputes shall not apply to the disputes arise between the employee who directly provides non-fulltime service to other families or individuals and the service receiving party.

5. Management and Service of Non-fulltime Employment

(15) Non-fulltime employment is an important employment system, as well as a major method of flexible employment. Departments of labor and social security of all levels shall attach great importance to this kind of employment, formulate correspondingly policies and measures in line with local practice for the purpose of maintaining the rights and interests of non-fulltime employees, promoting flexible employment and regulating non-fulltime employment relationships, and provide policy guidance and services for the non-fulltime employment with respect to the establishment of labor relationships, remuneration payment, and settlement of labor disputes.

(16) Departments of labor and social security of all levels shall practically intensify the supervision and law-enforcement of labor security, and investigate and strictly punish those employers who fail to set up an employment contract in accordance with these opinions, pay for non-fulltime employees below the minimum hourly wage or delay in paying or deduct wages without any reasons, to protect the legal rights and interests of non-fulltime employees.

(17) Social insurance agencies of all levels shall provide convenience to non-fulltime employees to effect and pay for the insurances, open a special service window and adopt the method that non-fulltime employees may pay the premium every month, season, or half a year so as to effect social insurance, receive and transfer individual account for such non-fulltime employees in a timely manner, issue check sheet of social insurance premium in accordance with relevant regulations, and honor various social insurance duties to protect the social security rights of non-fulltime employees.

(18) Public Job Referral Agencies of all levels shall keep the files and effect social security for non-fulltime employees actively and promote the successful development of the non-fulltime employment system.

Ministry of Labor and Social Security

May 30, 2003

***

Appendix 2

Relevant Local Regulations on Non-fulltime Employment

Provisions on Non-fulltime Employment Provided in Shanghai Employment Contract Regulations

Article 8 Employees are entitled to understand such information as relevant rules and regulations, working conditions and remuneration of employers before signing an employment contract, and employers shall honestly provide such information. Employers have the right to know the health condition, knowledge background and skills and work experience of employees before employing them, and employees shall honestly provide such information too.

Article 20 Employment contracts shall be null and invalid if they are:

  1. in violation of laws and administrative regulations;
  2. entered into by means of fraud, threat, etc.

Invalid employment contract shall have no legal binding force since it was concluded. In a case where a part of the employment contract is determined as null and invalid without prejudice the effect of the remaining parts, the remaining parts shall continue in full force and effect. Employment contract can only be determined as invalid by labor dispute arbitration committee or a competent people’s court.

Article 21 Employers shall go through employment formalities with the agency designated by administrative department of labor and social security after setting up labor relations with employees.

Article 46 A non-fulltime employment contract is a contract entered into by and between employer and employee for the establishment of labor relationship on an hourly basis. An employee may set up non-fulltime labor relationship with one or more than one employer, and the working hours agreed upon by employer and employee of each day, week or month shall be no more than half of the legal working time. The accumulative working hours of an employee shall not exceed the maximum legal working hours.

Article 47 A non-fulltime employment contract can be executed in writing or in other forms. A written employment contract shall be concluded if a party to the employment contract so required.

Article 48 If a non-fulltime employment contract fails to contain the term of employment, either party to the contract may notify the other party of its intent to terminate such contract at any time.

Article 49 Working hours, job content, remuneration, terms of payment and confidentiality obligations shall be agreed to by both parties.

Article 50 Remuneration of a non-fulltime employee shall be paid on an hourly basis, and shall include hourly wage and social security premium payable in accordance with relevant laws and regulations.

Article 51 Employers shall be responsible for the on-job injuries or occupational diseases suffered by non-fulltime employees during work.

Article 52 Minimum hourly wage of non-fulltime employees shall be make public available after being submitted by Shanghai Bureau of Labor and Social Security for the approval of Shanghai people’s government. The working stability and welfare of non-fulltime employees shall be taken into consideration when determining the minimum hourly wage. The payment of social security premium of non-fulltime employees shall be specified specifically by Shanghai people’s government.

***

Circular on the Management of Non-fulltime Employment of Beijing

Bureaus of labor and social security of all regions and towns, labor departments of all bureaus and companies, separately-itemized enterprises, and all companies of central party committee and armies in Beijing:

To further promote employment, regulate employment of employers and safeguard the legitimate rights and interests of non-fulltime employees, and by combining the features of non-fulltime employment, this Circular on the management of non-fulltime employment shall be as follows:

1. For the purpose of this Circular, the term "non-fulltime employee" refers to workers who work 4 hours or less than 4 hours per day and be paid on an hourly basis, and being employed by enterprises, private business, private non-enterprise units, State organs, government sponsored institutions and social groups located in the administrative division of Beijing municipal (hereinafter referred to as "employers"). Workers working for over 4 hours per day for one employer shall be a full-time employee of such employer.

None of the followings shall be deemed as a non-fulltime employee:

  1. Private business owners, private entrepreneurs, and partners;
  2. Retirees being employed by other employers or their original employers.

2. Non-fulltime employees may set up labor relations with two or more than two employers simultaneously. Employer and employee shall enter into a written non-fulltime employment contract on the date the employee work for employer and employer receive the service of the employee. Non-fulltime employment contract shall be executed in two counterparts, each party holds one copy.

Model of employment contract shall be formulated by the administrative department of labor and social security of Beijing municipal.

Employment contract shall include the effective time of the contract, working hours, job content, remuneration, terms of payment and work safety and sanitation, and other contents determined through agreement of both parties, provided however, that the agreement shall not violate any laws, regulations and rules.

No probationary period shall be set forth in the contract by employers.

Either party to an employment contract may at any time notify the other party of its intent to terminate the contract, or reach an agreement with the other party on the notification period for the termination of the contract.

3. The total working hours per month of a non-fulltime employee worked for all employers shall not exceed the standard working hours.

4. For those positions requiring for specific qualification certificates by relevant regulations of the state or Beijing municipal, employers shall employ those employees possessing the correspondingly certificates.

5. Registered unemployed person in urban area of Beijing municipal shall, after being employed in the form of non-fulltime employment, go through employment registration formalities with the and its employment contract, with the social security office of the subdivision or town it domiciled, and the office will then effect the social security and set up management account for the employee, and issue . Files of such non-fulltime employee will be managed by the labor and social security office of the subdivision or town it domiciled.

Employer shall go through recordal formalities with the social security office of the subdivision or town of its domicile shown on its business license, in the event the employer employs labor force from rural area of Beijing municipal or migrant workers on a non-fulltime employment basis.

shall be well kept by employees. Employers shall honestly put down the working hours and wage payment of non-fulltime employees every month during the employment of such non-fulltime employees.

6. Non-fulltime employee being recorded shall go to social security office with its employment contract to change or add some items to its management account, within 30 days from the establishment of new non-fulltime employment relationship with other employers.

7. Employer shall issue a certificate to non-fulltime employee if it intents to terminate employment contract with such employee, and employee should go through management account modification formalities with its recordal authority within 30 days from the termination, with the and the certificate of termination of employment contract.

8. In a case where a non-fulltime employee become unemployed after terminating its non-fulltime employment contract, it shall do an unemployment registration with the social security office of the subdivision or town it domiciled, and the office will then take back the , conduct the unemployment registration and go through the unemployment insurance collection formalities based on the record in and social security premium collecting list, in accordance with the current management measures on unemployed person.

9. Non-fulltime employee shall be paid on an hourly basis. Hourly wage shall be agreed through consultation by employer and employee, which shall not under the minimum hourly wage level applicable to non-fulltime employees of Beijing municipal. Hourly wage shall include hourly remuneration paid by employer, social security premium payable by employer, and social security premium and risk compensation payable by employee. Employer may pay non-fulltime employee on a weekly or monthly basis.

Wage of non-fulltime employee shall not be less than RMB6 per hour.

Minimum hourly wage of non-fulltime employee working during legal holidays shall not be less than RMB13.3.

Minimum hourly wage of non-fulltime employees working in normal working hours and legal holidays shall be promulgated by Beijing Labor and Social Security Bureau.

10. Non-fulltime employee domiciled in urban area of Beijing municipal shall pay pension, unemployment insurance premium and medical insurance premium at the rate applicable to freelance, to social security agencies including but not limitation, social security offices, municipal, district or county job referral agencies, or talent exchange centers.

Measures on the effect of pension, unemployment insurance and medical insurance of non-fulltime employees from rural area of Beijing municipal and non-fulltime employed migrant workers shall be otherwise stipulated.

11. Employer shall effect on-job injury insurance for non-fulltime employee it employed in accordance with relevant regulations.

In a case where a non-fulltime employee working for more than one employer subjects to an on-job injury, the then current employer of such employee or the employee itself shall apply for an on-job injury appraisal with the administrative department of labor and social security of the place of domicile showed on the business license of such employer.

In a case where a non-fulltime employee is completely recovered during the period of medical treatment for an on-job injury or is determined as completely incapacitated by the regional or county labor appraisal committee after the completion of period of medical treatment, employer shall not terminate its employment contract with such employee; for those employees suffer an injury as graded as 5-10 level, employer shall make an employment compensation at one time in accordance with relevant regulations with respect to on-job injury insurance, if it wants to terminate the employment contract with such employees.

12. In the event employer deducts or delays in payment of wages of non-fulltime employee without any reason, employer shall pay employee in full and make an economic compensation of a sum equals to 25% of the wage of such employee.

13. Any dispute arising from the performance of employment contract of non-fulltime employee and employer shall be submitted for arbitration to labor dispute arbitration committee in accordance with relevant regulations.

14. Should any of the followings come to the attention of non-fulltime employee, it may make a complaint with the administrative department of labor and social security:

(1) Employer fails to pay employee in accordance with their employment contract;

(2) Employer pays employee under the minimum hourly wage of Beijing municipal;

(3) Employer prolongs or refuses to enter into an employment contract with non-fulltime employee without any reason;

(4) Employer fails to pay the on-job injury insurance premium in accordance with relevant regulations.

15. This Circular shall become effective as of the day of July 1, 2003.

April 23, 2003

***

Appendix 3

The minimum hourly wage for non-fulltime employees in Guangdong:

Guangzhou: RMB7.5/h
Zhuhai, Foushan, Dongguan, Zhongshan: RMB6.6/h
Shantou, Huizhou, Jiangmen: RMB5.8/h

Those wages shall include the minimum basic pension and basic medical insurance premium payable by employee and employer.

The minimum hourly wage of non-fulltime employees in Shanghai: RMB6.5/h

The minimum hourly wage of non-fulltime employees in Beijing: RMB7.9/h

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions