What are the rules for foreign companies to employ China employees in their representative offices in China?

The representative offices of foreign enterprises in China have strict rules and special ways to employ China employees.

As the representative office is a non-China enterprise legal person, it cannot directly recruit workers in China, and the relevant recruitment procedures must be handled through the labor agency or FESCO where the representative office is registered. Usually, overseas institutions of representative offices sign employment agreements with local labor service companies, and the labor service companies recruit from the society according to the requirements and needs of the representative offices, and then the labor service companies sign employment contracts with employees and entrust them to the representative offices for use. Theoretically, the employee is an employee of a labor service company, not an employee of a representative office.

When a representative office recruits employees, it needs to go through the following procedures:

-The agency of the representative office and the labor service company shall sign an employment entrustment agreement.

-Labor service companies sign labor contracts with employees.

-employees from different places go through residence procedures.

-representative offices purchase social insurance for employment.

-Apply for an employee's employment permit.

—— The representative office declares and pays the labor service management fee of the labor service company. Editor: company lawyer