Over the past 30 years, China has become one of the most populous countries in the world and boasts the world’s second-largest economy. Economic liberalization and continued reform make China a great place to hire employees and grow your business.

Taxation rules in China

Before you can set up your payroll in China, you need to understand all of the country’s taxation rules. China’s progressive Individual Income Tax rates for employment income range from 3% to 45%, based on taxable income after allowable deductions.

Employers contribute to different benefits schemes in China. The country’s statutory benefits include five social insurances plus one housing fund. These generally cover pension, medical, unemployment, work-related injury, maternity, and the Housing Provident Fund, with contribution rules varying by city and province.

  • Medical insurance
  • Pension
  • Workers’ compensation
  • Unemployment insurance
  • Parental benefits

As an employer, you must contribute to the housing fund for employees covered by the housing provident fund system. Contributions are generally based on the employee’s wage base and the locally applicable rate. While some contribution is mandatory, employees often try to negotiate for more during the hiring phase. Employers typically contribute between 5% and 12% of the employee’s Housing Provident Fund contribution base salary. The exact rate and base caps vary by city or province.

How to set up a payroll in China

To set up payroll, you first need to create a subsidiary and open bank accounts in the country. All payments should generally be sent to employees in Chinese yuan, also known as renminbi (CNY/RMB). Foreign-currency wage arrangements should be reviewed carefully for payroll, tax, social insurance, housing fund, and exchange-control compliance.

It is a requirement for employment contracts to stipulate the essential terms of the employment relationship, this includes:

  • Name and identification of the employer
  • Name and identification of the employee
  • Compensation
  • Contract term
  • Job duties and location
  • Working hours, rest, and leave
  • Social insurance entitlements
  • Workplace protection, health, and safety measures

Entitlement and termination terms

An employment contract outlining the above terms and employee entitlements must be prepared prior to setting up payroll in China. Employees are entitled to a statutory medical treatment period of between 3 and 24 months for nonwork-related injuries or illnesses. The period depends on total working experience and length of service with the current employer.

Termination terms vary by the type of employment contract. Employers do not have to give a statutory minimum number of days’ written notice during the probation period. Termination is not at will. The employer must have a lawful ground and should document the reason in writing. However, where employer-initiated termination by notice is legally permitted after probation, prior written notice must be no less than 30 days. The employer may generally pay one month’s salary in lieu of notice instead. Termination notice requirements may differ for fixed-term contracts or where termination is for a lawful cause.

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