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Remote Working Legislation, Laws & Regulations in China

Laws, regulations and legal information related to working from home and remote work

Table of contents
  1. Is there any legislation related to working from home in your country?  
  2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
  3. Can an employer force an employee to work from home?    
  4. Can an employee force an employer to allow them to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote work?
  6. Does a company have to reimburse an employee for expenses incurred while working from home?
  7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    
  8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee who works from home protected by legislation for work-related accidents and illnesses?
  12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
  13. Are there any other specific obligations on the employee?
  14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15. Any other comments?
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Currently there is no specific legislation relating to working from home in China. However, general labour law requirements and regulations (e.g. on working hours, labour conditions and equipment) should also apply when working from home. 

2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?

Working from home can be implemented through collective bargaining agreements, written contracts or mutual agreement.  

3. Can an employer force an employee to work from home?    

Generally, an employer has no right to require employees to work from home unless the employees agree. Employee consent is necessary.

4. Can an employee force an employer to allow them to work remotely?

No. An employer is not obliged to agree to an employee's request to work from home. Employer consent is also necessary.

5. Does an employer have to provide the employee with office equipment and supplies for remote work?

Yes. The employer is generally obliged to provide employees with the required working equipment and supplies regardless of the place of work. Therefore, if an employee asks for office equipment and supplies for remote working, the employer is obliged to provide them.

6. Does a company have to reimburse an employee for expenses incurred while working from home?

Yes. The employer is obliged to reimburse an employee for expenses while working from home, if such expenses were necessary to work from home and the employee can prove that they were incurred for that reason. 

7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    

No. There is no statutory provision that obliges the employer to grant the employee a specific work-from-home allowance. 

8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?

Yes. Under the PRC labour law, an employer must provide employees with a safe and healthy working environment and conditions in accordance with law. This includes employees who work remotely. In practice, it is difficult for an employer to implement this obligation for employees working remotely. To reduce risks, the employer should agree with any employee who wishes to work from home that they will undertake and ensure that their residence environment is safe, healthy and suitable for the purpose.

9. Are there any other specific obligations for the employer?

No.

10. Does an employee need to be insured to work from home?

There is no statutory requirement.   

According to the PRC Work Related Injury Insurance Regulation, if an employee suffers a work-related injury or occupational illness, the employee is entitled to receive the statutory work-related injury insurance benefits.

Whether an injury or illness suffered while working from home is a work-related injury or an occupational illness is subject to the decision of the competent labour authority in accordance with the law. 

12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)

No.

13. Are there any other specific obligations on the employee?

The employee has no specific statutory obligations related to working from home. However, the employer may set up specific obligations for an employee related to working from home through an individual agreement or company rules, such as requiring the employee to take proper measures to ensure the safety and security of any company data processed while working remotely, etc.

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

No.

15. Any other comments?

N/A