Shanghai Legislation
China’s business has been going strong in the past decades, enjoying double-digit growth in the past 30 years. As the world’s largest economy, it is a very attractive location for business expansion. Shanghai is especially attractive, as it is the country’s biggest city and a global financial hub that is getting much attention from businesses all around. To help companies prepare themselves for business, Links International has created a legislative page of the main employment laws and best practices in Shanghai. Please note that all the information listed below is to be used as a general guideline. For more detailed accounts of laws and regulations, please visit official governmental websites.
Company Setup
These are your options when registering a business in China.
- Wholly Foreign-Owned Enterprise (WFOE) in China
Registering your company as a WFOE allows a foreign company to operate in the Chinese market while still being completely owned by foreign investors. It is a business entity formed in China entirely with foreign capital. This legal structure is the most common and effective at taking advantage of the vast consumer base in China. A WFOE is set up as a limited liability entity and is taxed according to local legislation.
- Representative Office (RO) in China
A Representative Office (RO) is a popular method for foreign companies to explore and test the Chinese market. This structure has various operational limitations such as conducting profit-making activities or hiring local Chinese.
- Employer of Record (EOR)
An EOR enables foreign companies to legally hire foreign and local employees in China. Many foreign companies, not wanting to go through the hassle of establishing a legal presence, choose to hire an EOR to take care of HR functions for remote workers.
Read More: How to Set Up a Presence in China: Use PEO/ EOR Secondment!
Company registration is required for any person or company conducting business in China. A branch office of a foreign company must also register with the Administration of Commerce and Industry.
A newly set up enterprise receives the business license as a legal person and other organization unified social credit code (referred to as the “unified code”) from the Administration of Commerce and Industry. The business does not need tax registration and is no longer required to apply for a tax registration certificate from October 2015. After the completion of the supplementary information collection, a business license with uniform code can be used instead of the tax registration certificate.
This can be done once registration has been completed. For WFOE, you need to set up an RMB basic account and a foreign currency capital contribution account. Foreign investors for RO should open a bank account in China, as well. Requirements vary between different banks.
Typically documents required will include:
- The ID card of legal representative
- Business license
- Applicant’s ID card
- Company chop and other documents requested by the bank
Benefits of Registering a Company in Shanghai
Central Location
Shanghai is at a central location along China’s coastline. Shanghai has become a major trading port, China’s largest industrial city and the Financial Center in the Far East. Shanghai has become one of the most important economic hubs of the country and the world.
Port
The Port of Shanghai faces the East China Sea to the east, and Hangzhou Bay to the south. Shanghai is China’s top sea port. Shanghai has overtaken Singapore as the world’s busiest container port.
Infrastructure
Milestone progress has been made in building the “Three Ports and Two Networks”, referring to the Deep Water Port, Aviation Port, and Information Port, railway and highway networks respectively. The spill-over economic effect of this increased infrastructure has been greatly enhanced.
See here to read about more benefits of doing business in Shanghai.
Read More: Now is the Best Time to Expand Your Retail Empire into Asia
Considerations when Starting a Company in Shanghai
In China, full-time employees are required to submit Social Contribution. The specific insurance types are pension insurance, medical insurance and unemployment insurance, which are submitted by employer and employee accordingly. Work-related injury insurance and maternity insurance are submitted by the employer only. The amount of social insurance is based on average monthly income of the last year. The rate of contribution differs in each city.
Labour Law in Shanghai
Employees’ Compensation
Security Fund of wages in arrears will be charged once a year. Each Legal Entity receives the notice every October.
Work Permits
As a general rule, any person other than those having the right of abode or land in China must obtain a visa/permit before coming to China for the purpose of taking up employment.
Visas for foreigners to work in China as professionals are under the General Employment Policy. Considerations for visa approval for each applicant include:
- Over age 18 and good health
- Good security clearance and no record of serious crime
- Good education background with proven professional capabilities and relevant experience
- Confirmed offer of employment for a relevant job vacancy that is not easily filled by the local workforce
- Hold a valid passport or other international travel certificate that can replace your passport
Once all required documents have been submitted to the Immigration Department, it takes about four weeks to process the visa application.
Minimum Wages
The authorities in Shanghai adjust the statutory minimum wage. Since 1st July 2021, wages for full-time workers will be raised to RMB 2,590 per month, with the hourly wage at RMB 23 per hour.
Maximum Working Hours
The Employer shall practice a working hour system under which labourers shall work for no more than eight hours a day and no more than 44 hours a week on average. An employer shall ensure each employee to have at least one day off for a week.
Paid Annual Leave
Employees who have worked over one year are entitled to annual leave with pay. For employees who have been in the workforce for less than 10 years, the annual leave is 5 days; for more than 10 years and less than 20 years, the annual leave is 10 days; and for more than 20 years, the annual leave is 15 days.
Rest Day
Employees employed under a continuous contract are entitled to not less than one day of rest per week.
Termination
The employee with the below situation, the employer is able to terminate the employee and without notice period:
- Be proved not to qualify on recruitment requirements during the probation period
- To seriously violate labour disciplines or the rules and regulations of the employing unit
- Serious dereliction of duty, malpractice, causing significant damage to the interests of the employer
- To be investigated for criminal responsibility in accordance with the law
For employees in the situations below, the employer is able to terminate the employee, but should provide formal written notice 30 days in advance:
- The employee suffers from an illness or non-work-related injury, has completed the medical period and can engage neither in his /her original work nor in other work arranged for him by his employer
- The employee is incapable of fulfilling his / her job and remains so after trained or position adjusted
- A major change in the objective conditions of the labor contract, which has resulted in the failure to perform the original labor contract and an agreement on the change of labor contract cannot be reached through negotiation between the two parties
Refer to the clause 25 & 26 of “Labor Law of the People’s Republic of China”
Severance Payment & Long Service Payment
In cases where the employer terminates the labor contract with the employee or the labor contract is completed and employer doesn’t renew, the employer should give severance payment to the employee.
Employees
Benefits In Kind
Employers are not obligated to provide employees with additional medical insurance and additional housing fund. It’s a choice for companies to provide these as benefits to their employees.
Share Options
Employees have to pay salaries tax on any benefits associated with stock-based awards arising from their office or employment.
New Employees
Upon hiring new employee(s), the employer must report the personal details of the new employee(s), date of commencement and the terms of employment to the staffing agency within one month of the commencement date.
Discrimination Laws
China generally stipulates that all persons are equal before the law and the law shall prohibit any discrimination on any ground. This principle is materialized through the enactment of the following ordinances: Labourers shall not be discriminated against in employment, regardless of their ethnic community, race, gender, or religious beliefs.
Statutory Benefits
Female employees meet the Population and Planned Parenthood Statute of Shanghai City are eligible for 128 days maternity leave and get birth allowance paid monthly and medical benefits from the social insurance centre.
In accordance with the laws and regulations, a new father shall enjoy paternity leave for 10 days. The salary of the spouse during the leave period shall be paid according to his normal attendance.
In terms of the provisions of Shanghai, during the first year in the company, the medical treatment period shall be 3 months. After each year of work, the medical period is increased by one month, but no more than 24 months.
The standard of sick pay should be determined by the length of the medical treatment and the working age of the employee. If an employee’s disease or non-work-related injury requires continuous leave within 6 months, the enterprise shall pay sick leave salary according to the following standards :
- Continuous time in workforce less than 2 years, paid 60% of monthly salary;
- Continuous time in workforce more than 2 years and less than 4 years, paid 70% ;
- Continuous time in workforce more than 4 years and less than 6 years, 80%;
- Continuous time in workforce more than 6 years and less than 8 years, 90% ;
- Continuous time in workforce of 8 years and above, 100%.
Tax
Financial Filing
1st January to 31st December of each year.
Income Tax Calculation
Individual income from wages and salaries shall be taxed at progressive rates ranging from 3 percent to 45 percent of which the tax threshold is 3500 RMB (4800 RMB for foreigners). Social insurance and housing fund amount and some other items stipulated by the law are tax-free income.
Tax Payment to Authority
Employers withhold the tax and arrange the payment to authority. Employees earning more than 120,000 RMB annually need to report their income directly to the tax authorities during March of each year.
Submission Methods
Employers complete the monthly submission. The employee can get records via the government’s website.
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Payment
Bank Accounts and Paying Salaries
The method used for wage payment is autopay or cash, normally. The majority of Chinese employees are paid on a monthly basis.
For each pay period, employees will be paid the basic salary, allowances, bonus, commission, overtime and other ad hoc payments as required.
13th Month and Bonus Payments
Although not required by law, it is common practice for employers in China to give employees a bonus at the end of the year. The bonus amount is determined by the company. Alternatively, companies provide employees with a 13-month salary.
Local Information
Shanghai Public Holidays 2022
Employees are entitled to public holidays as follows:
| Holiday | Date |
|---|---|
| New Year’s Day | 1 to 3 January |
| Chinese New Year | 31 January to 6 February |
| Qingming Festival | 3 to 5 April |
| Labour Day Holiday | 30 April to 4 May |
| Dragon Boat Festival | 3 to 5 June |
| The Mid-Autumn Festival | 10 to 12 September |
| National Day Holiday | 1 to 7 October |
Summer / Winter Working
Work must stop once temperature is over 40℃; Over 37℃, lower than 40℃, the working hours should be within 6 hours; Employees are entitled to receive the high-temperature allowance from June to September. See here for more information.
Local office working hours and Time Zone
Working Hours: 09:00-12:00 a.m. 13:00-16:00 p.m.
Standard time zone: UTC/GMT +8 hours
Interested to explore the idea of payroll outsourcing, EOR, or Visa application services?
Links International is a leading payroll outsourcing provider across Asia Pacific and supports payroll in over 18 countries. Have more questions? Simply drop us a message!