Employer of Record (EOR) in China | Hire Anywhere

Employer of Record in China (EOR)

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China’s massive market potential beckons, but its intricate legal and regulatory landscape can be a roadblock for foreign companies.  An Employer of Record (EOR) in China acts as your key to unlocking this potential. This guide delves into the advantages of using an EOR in China, compares it to company incorporation, and equips you to select the ideal EOR partner for your business needs.

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Want to have a Team in China TODAY?

Show me how to grow my business now!

We prefer to let others grow their business.

Partnering with an EOR 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 EOR in China. Here’s a quick breakdown of the different approaches you can take, along with their benefits:

  • Speed – An EOR in China is significantly faster. You can be operational and hire staff much quicker than through traditional means.

 

  • Compliance – Both EORs in China and incorporated companies must comply with Chinese law. However, EORs handle the complexities and ensure adherence.

 

  • Cost – Fees for an EOR 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 EOR 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.
Infographic | INS Global
Employer of record China EOR

Employer of Record in China (EOR) - Summary


The Benefits of an Employer of Record in China

Fast Market Entry

Forget the lengthy company setup process. An EOR 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. EORs possess the expertise to navigate these complexities, ensuring your business remains compliant and avoids hefty penalties.

Reduced Risks and Liabilities

The EOR 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 EOR. This frees you to focus on core business activities and strategic growth initiatives.

Cost-Effective Scaling

Compared to setting up your own entity, EOR services can be more cost-efficient, especially for smaller teams. You avoid the upfront costs of company incorporation and the ongoing administrative burden.

Testimonial

Manuel Ramos

TERAO ASIA

Managing Director

We think INS Global is a good solution about starting business in new and complex markets. Understanding the market doesn’t mean you need to set up a company immediately.

5/5

How an Employer of Record in China Works in 3 Easy Steps

Working with an EOR in China simplifies the expansion process for businesses of all shapes and sizes. Here’s an in-depth look at how an EOR in China works in these simple steps:

Step 1: Streamlined Needs Assessment and Partnership

The process begins with a consultation between you and the EOR. 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 EOR understands your goals and can tailor their services accordingly.

Step 2: Swift Team Setup, Hiring, and Onboarding

Leveraging their expertise, the EOR 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 EOR 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 EOR’s assistance, you can hire and onboard your China-based staff within 48 hours, significantly accelerating your market entry.

Step 3: Ongoing Management and Peace of Mind

Once your team is operational, the EOR 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 EOR 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.

Chinese Labor Law in a Nutshell - 2024

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 EOR can help you navigate them:

  • Contracts – Employment contracts in China must be written in Chinese and clearly outline terms of employment, including salary, benefits, working hours, and termination clauses. An EOR can ensure your contracts comply with legal requirements and protect your interests.

 

  • Probationary Periods – Probationary periods are common and can last up to six months. An EOR can guide you on setting probationary periods that adhere to regulations.

 

  • Working Hours – Standard work hours are 40 per week, with limitations on overtime. EORs help you track working hours and ensure compliance with overtime regulations to avoid penalties.

 

  • Paid Leave – Employees are entitled to paid leave, including national holidays, annual leave, and sick leave. An EOR manages leave requests and ensures proper compensation according to Chinese law.

 

  • Social Security – Employers contribute to social security for employees, covering unemployment insurance, medical insurance, maternity insurance, and work injury compensation insurance. Your EOR handles these contributions for you.

 

  • Severance Pay – Severance pay is required by law under certain circumstances, such as termination by the employer without cause. An EOR can guide you on severance pay calculations and ensure compliance.

Navigating these complexities can be time-consuming and requires ongoing monitoring of legal updates.  An EOR in China acts as your trusted advisor, ensuring your business remains compliant with labor laws and protects you from potential risks.

They handle administrative tasks, interpret regulations, and keep you informed of any changes, allowing you to focus on your core business activities.

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 EOR 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 EOR in China’s knowledge of these regional variations, you can potentially minimize your tax burden and maximize your profitability in this market.

Employer of Record in China (EOR)

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FAQs

In China, EOR and PEO are often used interchangeably. Both handle employment responsibilities for a fee, but EORs typically handle a wider range of HR and payroll functions.

Costs vary depending on the services offered, number of employees, and location. Get quotes from several EOR providers to compare pricing models and find the best fit for your budget.

Faster market entry, reduced compliance burden, cost-effectiveness, access to local HR expertise, and minimized risk are all key benefits of using an EOR in China.

Yes, EORs in China handle payroll processing and ensure compliance with tax and social security regulations. They can also manage employee benefits administration.

Absolutely. An EOR 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

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