PRC Employment Law Update ACAMIS Spring Conference March 4, 2016 Jeffrey Wilson

Foreign Experts

Foreign Experts Provisions on Employment Contracts of Foreign Cultural and Educational Experts 《外国文教专家聘用合同管理规定》 Relationship to Labor Contract Law 《劳动合同法》 Relationship to Management Regulations on the Employment of Foreigners in China 《外国人在中国就业管理规定》 Usually one year. FEC one year?

Foreign Experts Age of Expert Types of Employment Direct employment Secondees Age of Expert

Foreign Experts Contract (聘用合同) Change of position Effective date Required terms Optional terms Change of position

Foreign Experts Work Hours Transfer of employment Dual employment Expiration of Foreign Expert Permit

Foreign Experts Termination Severance Dispute Resolution Penalties for Illegal Employment Entry-Exit Administration Law (2013) 《出境入境管理法》

Family Planning

Family Planning General rule Evidence of compliance Two children per married couple Evidence of compliance Shanghai hukou—birth certificate Other hukou—approved birth certificate (准生证） Elimination of One-Child Parent Certificate

Family Planning Overseas / Hong Kong births Foreign national parents birth in China Both parents One parent

Family Planning Violations Fines Hukou issue Employer duties: Report violations Discipline employees

Family Planning Maternity Leave Generally, not subject to compliance with family planning National maternity leave standard: 98 calendar days 15 days before the expected delivery date 83+ days after the delivery date Elimination of “late birth” additional maternity days

Family Planning Maternity Leave Reinstatement after maternity leave Foreign nationals Reinstatement after maternity leave Paternity Leave

Family Planning Maternity Leave Allowance Subject to compliance with family planning Participation in maternity insurance Allowance paid from the maternity insurance fund Based on the monthly average compensation of employer’s employees for the previous year Requirement when allowances are lower than actual employee salary

Family Planning Maternity Leave Allowance Foreign nationals Non-Participation in Maternity Insurance Employer must pay actual salary and medical expenses Foreign nationals Beijing Shanghai

Labor Dispatch

Labor Dispatch Grace period ended March 1, 2016 10% cap of total workforce Eligible positions