What !!! I have to pay 500,000 to Rose because I fired her improperly ? WHY? WHY? WHY?

HIGHLIGHTS 1.Purposes of the law 2.Employment Contract 3.Duties of both party 4.Term of labor contract : Fixed period or without fixed period / long term contract Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope.   Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?

Termination of Labor Law : Compensation Contract Ends Terminate contract before ends Termination during probation

Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months

Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Term of labor contract : Fixed period or without fixed period / long term contract. Law Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded.

Second part : After employment 1.How to reduce risk of law suits and prepare for them when they come ? 2. Checklist of what HR policies we should be covering. 3. What we should check about our own HR to make sure they are doing a good job? Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope.   Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?

Main points where the arbitration or lawsuit at. Salary, over time pay leave and holiday pay Annual bonus, commission Social insurance Disagreement of termination of labor contract

（1）How to properly fire an employee (to minimize risk of lawsuit) ? （2）Post law-suit filing （3）How to deal with the situation / communication Payroll : salary before tax, salary after tax, social benefit , IIT Social insurance and housing fund : Paying the social insurance and housing provident fund is the employer’s legal and compulsory liability and obligation. Is it legal if an employee applies for not paying the social insurance and housing fund ? No, it is illegal. From the judicial practice in Beijing now, the dispute over shouting fund has not been incorporated into the labor dispute settleme nt scope.   Reference check Reference letter from the last employer with more than one supervisor’s contact Release letter from the last employer Self commitment letter Employment Contract: Probation : no probation should be prescribed for part-time employees. Term of labor contract Probation period A labor contract with a period to complete the prescribed work or a labor contract with a fixed period of < 3 months 0 month 3 months ≤ term of labor contract < 1 year ≤ 1 month 1year ≤ term of labor contract < 3 years ≤ 2 month Term of labor contract ≥ 3 years, and or without fixed term ≤ 6 months Term of labor contract : Fixed period or without fixed period / long term contract Under the following condition, the contract shall be without fixed term / long term. Uninterrupted term of 10 years working for your company After two times fixed period contract Law: Where an employer refuses to conclude the labor contract without fixed period, the employer should pay to the employee his monthly wages in double amount from the date when the long term labor contract should be concluded. Other tips about contact : What if an employee refuses to sign the written labor contract ? Step 1: Written notice to urge the employee to sign the contract within 1 month from the date of induction. Step 2: written notice to terminate the employment relationship. 2. What terms and conditions shall be in the labor contract ? Name of the employer, name of the employee, ID number, contact address; Job title, wages, social benefits details, IIT information, annual leave, annual bonus and other benefits. Period of the contract, probation, termination terms; working hour and work place. 3. Is it ok to keep a electric version or photocopy of the labor contract ? 4. What date shall be mentioned in the contract.. Eg if the on boarding date is September 12th, but contract is signed 15 days later. 5. Shall we sign a probation contract first, then after probation we sign labor contract ? 6. Shall we sign contract for part time employee ? 7. Is offer letter consider part of labor contract ?

Our Services Easy Business Solutions offers a wide range of services within the areas of business registration, accounting, tax advisory, law consulting, administration and visa service. We are able to offer you both short- and long-term services adaptable to your preferences. Easy Business Solutions can also offer your company 100 % customized package solutions including everything you and your company need to start and run a business in China. 

Business Registration Our Services Business Registration Accounting Solutions Visa Consulting HR Services Business registration is the first step to making your venture official. To start a business you need to decide what type of business structure and which name you want to register when filing the necessary paperwork.It will show your legal name use on licenses, permits and other government forms. The type of business you register has an impact on your personal liability when you obtain financing. It is also the legal entity of your business administration of financial, legal and tax obligations. It is a legal document indicating the name of your business, the type of business and every other necessity that needs to be decided before starting up your venture. Easy Business Solutions conducts business registration for every business type in Beijing, Shanghai, Tianjin, Guangzhou and Hong Kong. 

Business Registration Our Services Business Registration Types: 1: W.F.O.E. ( Wholly Foreign Owned Enterprise) 2: J.V. ( Joint Venture) 3: R.O. (Representative Office) Business Registration Accounting Solutions Visa Consulting HR Services Where to register BEIJING TIANJIN SHANGHAI HONG KONG SHENZHEN FREE TRADE ZONE or ECONOMY ZONE?

Business Registration Our Services 1) Establishing accounts and set up accounting system for new enterprise 2) Record and deal with accounting book 3) Collect bank statement, cash statement and invoices from clients 4) Compile accounting statements and other related statements 5) Monthly accounting treatment base on audit system by account department 6) Quarterly tax declaration: personal income tax, enterprise business tax, enterprise income tax, VAT, and other tax.  7) Program tax problems and further reduce tax expenditure 8) Guide clients to prepare all kinds of required invoices 9) Social insurance management 10) Bank online payments application 11) Bank operations including cash withdrawal, converting USD to RMB and bank payment under authorization 12) Monthly payroll making 13) Assist clients to answer tax check, deal with tax audit and reconsider tax issues TAX & ACCOUNTING SERVICE Business Registration Accounting Solutions Visa Consulting HR Services

Business Registration Our Services Business Registration Accounting Solutions Visa Services HR Services Work permit application Residence permit application Family visa application U.S visa application Schengen visa application Permanent residence application

Business Registration Our Services Business Registration Accounting Solutions Visa Consulting HR Services Social insurance and housing fund management Payroll and IIT management Organization structure recommendation (assess what your company need) Employment agreement/Labour contract design (in dual language) HR policy and handbook development HR basic processes development Training Labor issue consultancy Marketing consultancy New employee orientation

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