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Employment & Pensions

China

For your business to be successful, you must manage your employees and their benefits. Yet from employment law compliance to restructurings, transfer of business issues and restrictive covenants, employment law in China is complex and, at times, contradictory. Our specialists can help you navigate the maze of HR regulations, policy documents and other legal complexities you must contend with on a daily basis.

If your business crosses borders, you will be faced with additional legal hurdles before achieving the outcome you need. With a global network covering more than 40 countries, we can help solve your problems across all the jurisdictions in which you operate - whether your issue relates to employment contracts, pension schemes, international secondment or executive transfers, redundancies, employment dispute resolution, trade union/staff representative relations or litigation. We also help you keep abreast with the latest legislation and regulation development through in-house management trainings. 

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    26/04/2016
    New Up­dates on China So­cial In­sur­ance Policies
    Chinese em­ploy­ers are re­por­ted to bear one of the highest per­cent­ages of so­cial in­sur­ance ob­lig­a­tions in the world. Ac­cord­ing to stat­ist­ics, in most parts of China em­ploy­ers have to pay so­cial in­sur­ance premi­ums equal­ing to 28.25% of the em­ploy­ees’ s
    02/03/2016
    Re­duc­tion of La­bour Costs
    The Chinese eco­nomy, at least cer­tain in­dustry sec­tors, seems to be fa­cing a down­turn. Some en­ter­prises in the PRC are also en­coun­ter­ing eco­nom­ic pres­sure and look­ing for pos­sib­il­it­ies to re­duce la­bour costs. Un­der PRC la­bour law, the fol­low­ing measu
    28/01/2016
    La­bour Dis­patch: the Dead­line is Ap­proach­ing, Are You Ready?
    Ac­cord­ing to the PRC La­bour Con­tract Law which was amended and came in­to ef­fect on 1 Ju­ly 2013, an em­ploy­er can only use seconded em­ploy­ees for work po­s­i­tions which are tem­por­ary, aux­il­i­ary or sub­sti­tut­ing in nature. To im­ple­ment the above new polici

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    28 September 2020
    Belt and Road Ini­ti­at­ive
    China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China are avail­able now and Asia-Pa­cific will fol­low soon. Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
    21 September 2020
    CMS Ex­pert Guide to Dis­missals
    The aim of this guide is to ex­plain ex­ist­ing sys­tems of com­pens­a­tion for fair and un­fair dis­missal in vari­ous jur­is­dic­tions in EU, LATAM and Asia
    Comparable
    13 August 2020
    Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of Chin­a's First Civil...
    The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”) which was ad­op­ted on 28 May 2020 and which will enter...
    28 September 2020
    BRI - View from China
    The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
    27 April 2020
    CMS Ex­pert Guide to gov­ern­ment sup­port for em­ploy­ers and work­ers
    This ex­pert guide ex­plores the ways dif­fer­ent gov­ern­ments have at­temp­ted to al­le­vi­ate the stress the pan­dem­ic has im­posed on both em­ploy­ers and work­ers and en­sure busi­ness con­tinu­ity.
    05 August 2020
    Beijing Strikes on Com­pan­ies' Provid­ing So­cial In­sur­ance Con­tri­bu­tions...
    On June 30, 2020, the Beijing So­cial In­sur­ance Fund Man­age­ment Centre is­sued the No­tice Re­gard­ing Sev­er­al Is­sues on Par­ti­cip­a­tion of La­bour Dis­patch Com­pan­ies and Hu­man Re­courses Ser­vice Com­pan­ies in...
    8/5/2020
    Beijing Strikes on Com­pan­ies’ Provid­ing So­cial In­sur­ance Con­tri­bu­tions...
    01 July 2020
    PRC Su­preme People's Court An­nounces Guid­ing Opin­ions (III) on Tri­al of...
    On 08 June 2020, the Su­preme People's Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) pro­mul­gated the Guid­ing Opin­ions (III) on Sev­er­al Is­sues Con­cern­ing Law­ful and Prop­er Tri­al of Civil...
    6/24/2020
    Over­view on Key Is­sues of the Con­tract Part of China’s First Civil Code
    24 June 2020
    Over­view on Key Is­sues of the Con­tract Part of Chin­a's First Civil Code
    The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”), was ad­op­ted on 28 May 2020 and con­sists of 7 Parts and...
    6/17/2020
    Man­aging Your La­bour Costs
    17 June 2020
    Man­aging Your La­bour Costs
    The out­break of COV­ID-19 has a sig­ni­fic­ant im­pact on the world eco­nomy. Com­pan­ies are en­coun­ter­ing eco­nom­ic pres­sure and look­ing for pos­sib­il­it­ies to con­trol and re­duce la­bour costs. Ac­cord­ing to PRC...