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China
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Hire Globally, Pay Locally, Expand Effortlessly
An Employer of Record in China acts as your key to unlocking this potential. China’s massive market potential beckons, but its intricate legal and regulatory landscape can be a roadblock for foreign companies.
This guide delves into the advantages of using an Employer of Record in China, compares it to company incorporation, and equips you to select the ideal Employer of Record partner for your business needs.
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Partnering with an Employer of Record vs Company Incorporation in China
While you may think that company incorporation in China offers you more control, it’s essential to understand the massive benefits that come with using an Employer of Record in China. Here’s a quick breakdown of the different approaches you can take, along with their benefits:
- Speed – An Employer of Record in China is significantly faster. You can be operational and hire staff much quicker than through traditional means.
- Compliance – Both Employer of Record s in China and incorporated companies must comply with Chinese law. However, EORs handle the complexities and ensure adherence.
- Cost – Fees for an Employer of Record in China are typically lower than initial incorporation costs, but ongoing costs can be higher. It’s key to evaluate the long-term cost picture based on your projected growth.
- Control – An incorporated company in China offers more control over HR, finances, and overall operations, but this comes with an enhanced level of liability and responsibility. However, partnering with the right Employer of Record in China can still offer you the same level of control over your operations in China without the admin cost or hassles, allowing you to have the best of both worlds.
PEO/EOR vs Company Incorporation
The Advantage in Figures
PEO/EOR
Company Incorporation
Price
80% Less Expensive
Market Entry
2-5 Days
6 Months
The Benefits of an Employer of Record in China
Fast Market Entry
Forget the lengthy company setup process. An Employer of Record in China allows you to begin operations and hire staff swiftly, accelerating your time to market.
Compliance Expertise
China’s labor laws are constantly evolving. Employer of Records possess the expertise to navigate these complexities, ensuring your business remains compliant and avoids hefty penalties.
Reduced Risks and Liabilities
The Employer of Record shoulders the legal and financial responsibility for your employees, minimizing your risks associated with employment regulations.
Streamlined Payroll and HR
Offload tasks like onboarding, payroll processing, and tax administration to your Employer of Record . This frees you to focus on core business activities and strategic growth initiatives.
Cost-Effective Scaling
Compared to setting up your own entity, Employer of Record services can be more cost-efficient, especially for smaller teams. You avoid the upfront costs of company incorporation and the ongoing administrative burden.
How an Employer of Record in China Works in 3 Easy Steps
Working with an Employer of Record in China simplifies the expansion process for businesses of all shapes and sizes. Here’s an in-depth look at how an Employer of Record in China works in these simple steps:
1
Streamlined Needs Assessment and Partnership: The process begins with a consultation between you and the Employer of Record . They will discuss your specific needs in China, including the number of employees you plan to hire, their roles, and your desired timeline. This initial discussion ensures the Employer of Record understands your goals and can tailor their services accordingly.
2
Swift Team Setup, Hiring, and Onboarding: Leveraging their expertise, the Employer of Record will act as your legal employer in China. This eliminates the need for you to establish your own entity, saving you significant time and resources.
The Employer of Record will handle all the legal paperwork, work permit applications, and ensure compliance with China’s labor laws. This allows you to focus on recruiting top talent. With the Employer of Record ‘s assistance, you can hire and onboard your China-based staff within 48 hours, significantly accelerating your market entry.
3
Ongoing Management and Peace of Mind: Once your team is operational, the Employer of Record takes over the ongoing HR and payroll functions in China. This includes processing salaries, managing employee benefits (including social security contributions), and ensuring adherence to tax regulations.
The Employer of Record also acts as a liaison between you and your China-based employees, handling any administrative tasks or concerns that may arise. By outsourcing these tasks, you are freed from the complexities of China’s labor law and can focus on strategic business development and managing your core operations.
INS GUIDES
Check Our China Labor Law Guide
Chinese Labor Law in a Nutshell - 2025
China’s labor law can seem complex, but understanding some key points is essential. Here’s a breakdown of some important aspects and how an Employer of Record can help you navigate them:
Employment Contracts In China
Employment contracts in China must be written in Chinese and clearly outline terms of employment, including salary, benefits, working hours, and termination clauses. An Employer of Record can ensure your contracts comply with legal requirements and protect your interests.
Working Hours
Standard work hours are 40 per week, with limitations on overtime. Employer of Record s help you track working hours and ensure compliance with overtime regulations to avoid penalties.
Types Of Leave
Holidays and Annual Leave
Employees are entitled to paid leave, including national holidays, annual leave, and sick leave. An Employer of Record manages leave requests and ensures proper compensation according to Chinese law.
Sick Leave
Employees are eligible for up to 10 days paid sick/ carer’s leave, plus 2 days of compassionate/ bereavement leave.
Employers are also expected to allow for volunteer or emergency leave when necessary. However, this is typically unpaid (except in the case of jury duty).
Tax Differentiation Between Cities in China
Tax incentives exist in certain Chinese cities to attract foreign investment. These incentives can be quite attractive and can significantly impact on your bottom line. Here are some examples:
- Reduced Corporate Income Tax (CIT) Rates – Some cities offer lower CIT rates compared to the national average. This can translate to substantial tax savings for your business.
- Exemptions from Import Duties – Free trade zones and specific industries may benefit from exemptions on import duties for certain equipment or raw materials.
- Tax Holidays – Newly established businesses in certain regions may qualify for tax holidays during their initial years of operation.
An Employer of Record in China with local expertise can advise you on these tax benefits and help you determine which locations offer the most advantageous tax environment for your specific business needs.
By leveraging an Employer of Record in China’s knowledge of these regional variations, you can potentially minimize your tax burden and maximize your profitability in this market.
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Frequently Asked Questions
faqs
In China, Employer of Record and PEO are often used interchangeably. Both handle employment responsibilities for a fee, but Employer of Records typically handle a wider range of HR and payroll functions.
Faster market entry, reduced compliance burden, cost-effectiveness, access to local HR expertise, and minimized risk are all key benefits of using an Employer of Record in China.
Yes, Employer of Record s in China handle payroll processing and ensure compliance with tax and social security regulations. They can also manage employee benefits administration.
Absolutely. An Employer of Record streamlines the hiring process, eliminates the need for company setup, and ensures you comply with labor laws. This allows you to focus on growing your business in China and reaching your target market in as little as a week.
A Global Employer of Record is an effective solutions for companies like yours that are looking to expand a workforce abroad effortlessly.
This approach allows you to outsource the international hiring process quickly and efficiency, providing access to a global talent pool while still managing payroll compliance in each country.