China: Employee Benefits & Compensation

This article examines the legal framework governing foreign nationals' employment in China, analyzing key regulations including employment permit requirements, labor relationship recognition standards, and legal liabilities for non-compliant hiring practices. Through systematic review of statutory provisions and judicial precedents, it reveals critical compliance boundaries and divergent judicial interpretations in cross-border employment disputes.

It is not uncommon for foreign companies that have not established a representative office, subsidiary, or any other form of business presence in China to nonetheless carry out business activities—such as sourcing and procurement—through local teams based in China. In these circumstances, some foreign companies enter into service agreements with Chinese human resources providers, under which the provider acts as the nominal employer (commonly referred to as an Employer of Record, or "EOR").

On June 1, 2026, the State Council promulgated the Regulations of the State Council on Outbound Investment (hereinafter referred to as the "Regulations"). The Regulations, consisting of 34 articles, shall take effect on July 1, 2026, and apply to activities in which domestic investors in China directly or indirectly acquire equity, assets, or other related interests in enterprises in other countries (regions).

2025年12月2日，国家市场监督管理总局与国家标准化管理委员会联合发布《外卖平台服务管理基本要求》（GB/T 46862-2025），这是我国首部针对外卖平台服务管&#

The amended Regulations of Shanghai Municipality on Protecting the Rights and Interests of the Elderly (Regulations) came into force on 1 November 2025.

Non-compete clauses serve as a critical mechanism for enterprises to safeguard trade secrets and preserve their competitive advantage in China's increasingly dynamic environment.

编者按：较之于华为2007年底针对无固定期限劳动合同的"只做不说"以 及地方劳动行政部门的合法认定，2008年"两会"期间，曾为中国第一位女首 富的

用人单位在医疗期内违法解除劳动关系，是否需要支付医疗补助费？

7 月9 日，天津人社局网站公布《关于印发<天津市企业新型学徒制实施办法>的通知 》。