The Insider's Guide to Hiring in China

Quick Overview

Can you hire? Yes
Employer cost 39.56 to 40.922% (Beijing)
Best model EOR
Payroll cycle Monthly
Continent Asia

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Population1.4 billion
LanguageMandarin Chinese (Putonghua)
CapitalBeijing
Country code+86
Min wageChina does not have a unified national minimum wage. Instead, regional governments set localized rates. For Shanghai, minimum wage is ~RMB 2,690/month — the highest nationally.
Working hours8 hours per day
WeekdaysMonday through Friday
Work hours per week40 hours per week
CurrencyRenminbi (CNY)

Can you hire?

Yes

Via entity or EOR. Entity needed: Yes (or use EOR)

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Employer cost

39.56 to 40.922% (Beijing)

On top of gross salary

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Best model

EOR

Recommended for most companies

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Direct Hire

Local Entity

Set up a local entity. Full control, full compliance responsibility.

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Contractor

Freelance

Engage freelance or project-based talent. Lighter compliance, strict scope rules.

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EOR

RemotePass

Hire without an entity. RemotePass handles compliance, payroll, and visa.

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What does a $60,000 hire cost in China?

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Total annual employer cost

Key Takeaways for Hiring in China

  • Payroll is highly regulated, with mandatory social insurance and housing fund contributions that vary significantly by city.
  •  Bonuses aren’t required, but Lunar New Year bonus practices (13th month) are widespread.
  • Statutory leave scales with cumulative work experience, not just time with the current employer.
  •  Expats face additional compliance steps, including work permit cancellation and residency deregistration during offboarding.

Continent

Asia

Capital

Beijing

Currency

Renminbi (CNY)

Language

Mandarin Chinese (Putonghua)

Payroll Cycle

Monthly

Pay Date

Last working day of the month

VAT

13%

China Employment Contract Overview

Hiring in China begins with a precise, legally compliant contract. We outline the key terms we include to meet local requirements and protect both parties.

Contract Type
Fixed-term /Open-ended
Local Language Required?
Yes
Bilingual?
Yes
Probation Period
Under Chinese law, the maximum probation period depends on the contract length:
Less than three months: none allowed
Three months up to less than one year: one month
One year up to less than three years: two months
Three years or more, or open-ended contract: six months
Minimum Paid Time Off
Statutory annual leave is based on cumulative working experience:
One to less than 10 years: five days
Ten to less than 20 years: ten days
20 years or more: fifteen days
Public Holidays
11 public holidays
Notice Period
During probation: three days
After probation: 30 days

What Do You Need To Include In A Chinese Employment Contract?

To stay compliant in China, employers must include certain mandatory terms in the employment contract. These are the essentials we always include.

Employee Information

  • Full name
  • ID number
  • Role / Job title
  • Start date
  • Contract duration
  • Working hours
  • Probation and notice conditions
  • Termination provisions
  • Compensation details
  • Address details
  • Leave entitlement
  • End date (if applicable)

Payroll

Average employer cost

39.56 to 40.922% (Beijing)

CategoryDetails
Salaried EmployeesMonthly, with salaries typically paid by the end of each month
Avg employer tax~30%–40% of gross salary‍

Tax Breakdown

Employer Social Insurance Contributions: Varies by city, but commonly includes

CategoryRate / Details
Pension Insurance~16%
Medical Insurance~10%
Unemployment Insurance~0.5%–1%
Work-related Injury Insurance~0.2%–1.9% (industry-based)
Maternity Insurance~0.8%
Housing Fund5%–12% (varies by city)

VAT

CategoryRate / Details
VAT13% for goods, 6%–9% for services (VAT policies may vary by sector and location).

Hiring Cost Calculator

Employment of expats is supported in the cities of Shanghai and Shenzhen in China.

Benefits Provider Funded Through Notes
Health Insurance Government

Payroll Contributions

All employees, including expats (unless exempted by bilateral agreements), must participate in the public medical insurance scheme.

Employer and employee contributions cover basic healthcare, hospitalization, and some outpatient services.

Additional private health insurance is optional and often provided by employers for enhanced coverage.

Pension/Social Security Government

Payroll Contributions

Included in the social insurance “Five Insurances” and provides retirement pensions, disability, and survivor benefits.

Expatriates may be exempt if covered by social security in their home country under a bilateral agreement, but often are enrolled to ensure benefits portability.

Other Statutory Bonuses Government

Payroll Contributions

Unemployment Insurance: Mandatory; contributions from both employer and employee.

Work Injury Insurance: Mandatory; employer contribution only; rate varies by industry risk.

Maternity Insurance: Mandatory; generally employer-paid or merged with medical insurance.

Housing Fund: Mandatory in most cities; both employer and employee contribute. Some cities allow opt-out for expats.

Leave And Holiday Entitlement In China

Annual Leave

Employees are entitled to statutory annual leave after one year of cumulative service (with current or previous employers):

  • One to 10 years of service: Five days

  • 10 to 20 years of service: 10 days

  • 20+ years of service: 15 days

Employers must schedule leave by balancing business needs and employee preferences.

If annual leave is not granted, employers must compensate at 300% of the regular daily wage for each unused day.

Public Holidays

China has 11 national statutory holidays, including:

  • New Year’s Day

  • Spring Festival (Chinese New Year)

  • Qingming Festival

  • Labor Day

  • Dragon Boat Festival

  • Mid-Autumn Festival

  • And National Day (often with extended breaks)

Sick Leave

Sick leave duration is based on cumulative years of work:

  • Less than five years: Three months

  • Five to 10 years: Six to nine months

  • 10 – 15 years: 12 – 18 months

  • 15 – 20 years: 18 months

  • 20+ years: 24 months

Compensation ranges from 60% to 100% of normal wages depending on seniority.

Maternity Leave

Minimum national entitlement is 98 days:

  • 15 days pre-birth

  • Remainder post-birth

Regional extensions apply (30 – 90+ days), with total leave in some provinces reaching 158 – 180 days, and up to a year in Tibet.

Maternity pay is covered by the social security fund based on average salary.

If the fund does not cover the full amount, the employer must top it up.

Pregnant employees are protected from termination during pregnancy, maternity leave, and breastfeeding (up to one year).

Paternity Leave

No national standard; policies vary by province.

Typical durations include:

  • 10 – 15 days in major cities (Beijing, Shenzhen)

  • 20 – 30 days in provinces like Sichuan, Yunnan, Henan, Gansu

Paternity leave is generally paid at regular wage, depending on local rules.

Other Types of Leave

  • Childcare / Parental Leave: Regional rules vary.

    • Beijing & Shanghai: Five days/year for children under three

    • Many provinces: 10 days/year

    • Some regions offer extra leave for multiple children or until children reach age six

  • Bereavement Leave: Typically three days for immediate family; regional variations apply

  • Marriage Leave: Three to 10 days depending on region and contract

  • Compensatory (Make-Up) Days: Common practice during holiday periods. Weekends may be adjusted to create extended breaks

Termination and Offboarding in China

Wrapping up employment in China involves structured procedures and precise documentation. Below is everything you need to ensure a smooth and compliant offboarding process.

Type Possible?
Termination for Cause (poor performance, misconduct, etc.) Yes
Termination without Cause Yes
Mutual Termination Agreement (MTA) Yes
Redundancy Not possible under the EOR setup

China Employee Resignation

Notice

Form

Written notice.

Notice period

  • After probation: 30 days advance written notice

  • During probation: Three days advance written notice

  • Termination without notice: An employee may end the employment contract immediately without prior notice if the employer:

    • Does not provide the working conditions outlined in the contract;

    • Fails to pay the employee fully and on time;

    • Neglects to pay mandatory social insurance contributions;

    • Implements rules that breach labor laws and adversely impact the employee;

    • Uses coercion or deception when forming or altering the contract;

    • Forces work through violence, threats, or unlawful restrictions on personal freedom; or

    • Requires the employee to carry out dangerous tasks that jeopardize their safety.

Payment in lieu of notice or notice waiver

If both parties agree, the notice period can be waived or shortened; otherwise the statutory minimum applies.

End-of-Service Benefits

Severance/Gratuity

In general, voluntary resignations do not trigger severance unless the resignation is due to employer breach of contract or law.

Other Benefits

  • Payment for all wages due up to the resignation date

  • Payment for any accrued unused annual leave

  • Any bonuses or allowances that have become due under contract or law

Termination Documentation

  • Written acknowledgement by employer of the resignation and its effective date

  • Certificate of service / separation document specifying start date, end date, position, and relevant entitlements

Employer Termination With Cause in China

Acceptable grounds

  • Serious violations of company rules or discipline

  • Criminal conduct or conviction

  • Gross negligence causing significant loss to the employer

  • Refusal or inability to perform work duties

  • Other legally defined serious misconduct

Notice

Form

Written notice specifying grounds for termination.

Notice period

Generally, immediate termination is allowed for cause without advance notice; however, employers must notify labor authorities in certain cases.

Payment in lieu of notice or notice waiver

No payment in lieu is required for termination with cause as employment ends immediately.

End-of-Service Benefits

Severance

No severance or gratuity is payable if termination is for a valid cause.

Other Benefits

  • Payment of all wages and benefits earned up to termination date

  • Payment for any accrued unused annual leave

Termination Documentation

  • Written termination letter stating cause and effective termination date.

  • The Employer must provide a termination certificate or proof of separation upon employee request.

  • Documentation must be retained in compliance with labor regulations.

Employer Termination Without Cause in China

Acceptable Grounds

  • Significant changes in objective circumstances rendering the contract unperformable, and no agreement on modification

  • Employee becomes incompetent and remains so after training or reassignment

  • Economic redundancies due to restructuring, bankruptcy, or business downturn (not possible under the EOR setup)

  • Other statutory grounds where termination is allowed without employee fault

Notice

Form

Written notice delivered to the employee.

Notice period

At least 30 days in advance or one month’s salary in lieu of notice.

Payment in lieu of notice or notice waiver

If no 30-day notice is given, the employer must pay one month of salary instead; waiver of notice requires employee consent.

End-of-Service Benefits

Severance

  • Severance is mandatory and calculated based on one month’s salary per full year of service.

  • Periods of service less than six months are compensated at half a month’s salary; six months or more count as a full year.

  • Severance is based on the average monthly wage of the 12 months prior to termination.

Other Benefits

  • All unpaid wages up to the termination date

  • Compensation for any unused annual leave

  • Statutory social insurance contributions and other entitlements accrued during employment

Termination Documentation

  • Written termination notice stating the reason and date of termination.

  • Certificate of termination or separation indicating the employee’s position, duration of employment, and reason for termination.

  • All documentation must be provided promptly to enable the employee to transfer social insurance and apply for unemployment benefits.

Mutual Termination Agreements in China

Notice

Form

A written agreement signed by both the employer and the employee confirming mutual consent to terminate the employment contract.

Notice period

No statutory notice period applies; the termination date is determined by mutual agreement.

Waiver of notice

Not applicable, as notice is not legally required when both parties agree to terminate.

End-of-Service Benefits

Severance

  • Severance is not automatically required in mutual termination.

  • If the employer offers severance as part of the agreement and the employee accepts, it becomes binding.

  • If the mutual termination is initiated by the employer and the employee agrees under economic pressure or without fault, severance is commonly paid in practice.

Other Benefits

  • All wages earned up to the agreed termination date must be paid.

  • Compensation for unused statutory annual leave

  • Any contractually agreed benefits that have accrued prior to termination

Termination Documentation

  • A written termination agreement signed by both parties specifying the termination date and any compensation or conditions

  • Certificate of termination (also called proof of separation) indicating employment period, position, and reason for separation

  • Documentation to facilitate social insurance transfer and legal compliance

Offboarding Process for the End of Fixed-term Contracts in China

If the Fixed-Term Contract Ends Normally

Notice
  • No advance notice is required from the employer or employee if the contract ends upon expiration and is not renewed.
  • The employer must inform the employee in advance if the contract is not going to be renewed, especially if it was previously renewed once and the employee has worked continuously for 10 years or more.

End-of-Service Benefits

Severance/Gratuity

  • Severance is required if the employer chooses not to renew the contract upon expiration, unless the employee declines a renewal on equal or better terms.
  • Severance is calculated as one month’s salary per full year of service.

Other Benefits

  • Wages up to the contract expiration date
  • Payment for unused statutory annual leave
  • Any bonuses, allowances, or benefits accrued under the contract

If the Employer Terminates Early

Notice

  • The employer must give at least 30 days’ written notice or pay one month’s salary in lieu of notice.
  • Termination must be for a lawful reason (such as incompetence, or legal grounds), or it will be deemed unlawful.

End-of-Service Benefits

Severance/Gratuity

  • Severance is mandatory if early termination is lawful.
  • The standard formula is one month’s average salary per full year of service.
  • Partial years of service over six months are counted as a full year; less than six months result in half-month severance.

Other Benefits

  • Payment of all earned wages up to the termination date
  • Compensation for any unused annual leave
  • Any other contractually agreed payments or entitlements

Final Payment Timing & Immigration and Visa Compliance in China

Final Payment Deadline

The employer must pay all final wages and economic compensation on or before the termination date or within a reasonable timeframe, usually the normal payroll cycle unless local authorities or collective agreements state otherwise.

Penalty

If the employer delays final wages or severance without a valid reason, the employee can file a complaint with the labor bureau. Authorities may then order the employer to pay double compensation for the delayed amounts. Late wage payments can also lead to administrative fines and, in serious cases, criminal liability.

Visa and Immigration Compliance

  • If the employee is a foreign national, the employer must cancel the work permit and residence permit after termination. This cancellation is handled through the relevant Exit-Entry Administration and the Ministry of Human Resources and Social Security.
  • The employer should complete final wage payments and issue all termination documents before starting the cancellation process. They must also provide a termination certificate, which the employee may need for visa conversion or departure procedures.
  • If the employer doesn’t follow these steps correctly, they may face compliance issues or future restrictions on hiring foreign employees.
Legal Disclaimer: The information provided in this guide is intended for general informational and guidance purposes only and does not constitute legal, financial, or human resources advice. While we strive to keep the information up to date and accurate, laws and regulations in China are subject to change. We recommend consulting with qualified legal and HR professionals for advice specific to your situation. RemotePass does not accept liability for any errors, omissions, or outcomes related to the use of this information.

Supporting Guides

Contractor Rules

Hiring, engagement, and misclassification rules

Read Guide →

Work Visas

Visa types, sponsorship, and permit process

Read Guide →

Payroll

Pay cycles, salary structure, and employer cost breakdown

Read Guide →

Taxes

Corporate tax, VAT, and personal income tax

Read Guide →

Benefits & Leave

Annual leave, public holidays, and statutory benefits

Read Guide →

Termination & Severance

Severance, notice periods, and the offboarding process

Read Guide →

Finally, a Payroll Partner That Actually Gets China

Frequently Asked Questions

Do I have to pay a 13th-month bonus?

No, it’s not legally required. But it’s such a widespread custom (especially around Lunar New Year) that employees expect it. Skipping it will hurt retention and make you uncompetitive.

Annual leave is based on total work experience, not time with my company?

Correct. An employee with 12 years of total career experience gets 10 days of annual leave from day one with you, even if they just started. It’s cumulative across all employers, not just tenure at your company.

Why do social insurance costs vary so much by city?

Each city sets its own contribution rates and caps. Shanghai has different rates than Beijing or Shenzhen. Total employer costs can range from 27% to 45% of salary depending on location.

Can I fire someone for poor performance?

Not easily. You need to document incompetence, provide training or reassignment opportunities, and give 30 days’ notice (or pay in lieu). Termination with cause (serious misconduct) is possible, but the bar is high.

What happens if I don’t grant annual leave?

You must compensate at 300% of regular daily wage for each unused day. You can’t just let it expire.

Do expats need to participate in social insurance?

Yes, unless they’re exempt under a bilateral social security agreement with their home country. Most expats must be enrolled to ensure benefits portability.

What’s required when a foreign employee leaves?

You must cancel their work permit and residence permit through the Exit-Entry Administration and Ministry of Human Resources. Provide all termination documents first. Missing this step can restrict your ability to hire foreign employees in future.

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