China employment law for foreign employers
From your first hire to a difficult employee exit, we help you assess the legal position, prepare the documents and plan the next steps. Advice for mainland China, delivered in English and Chinese.
Support across the employment relationship
Start with the right arrangements
Review the proposed employing entity and engagement model. Prepare or review employment contracts, probation terms, confidentiality provisions and employee handbooks for your China operations.
Make informed HR decisions
Advice on performance and disciplinary processes, changes to employment terms, workplace policies and the records needed to support decisions. Coordinate employee-data questions with our data-compliance work.
Review an exit before taking action
Assess the proposed grounds, evidence, process and potential costs. Prepare negotiated separation documents or advise on termination, contract expiry and workforce changes, according to the facts and applicable requirements.
Respond with a clear case strategy
Employer-side advice and representation in labour arbitration and litigation. Review claims, preserve relevant evidence and assess settlement, confidentiality and non-compete issues.
Check the basis, the process and the documents together.
A severance budget alone does not establish a lawful basis for a unilateral termination. The proposed route, evidence and applicable procedure need to be assessed together. The employee's circumstances and local requirements can affect the options.
Our review can cover the contract and amendments, relevant policies, performance or disciplinary records, proposed communications and the intended timetable. We explain what the documents support, what remains unclear and which steps require further work.
For the statutory framework, see the PRC Labour Contract Law, particularly Articles 36–48 (official Chinese text). Advice on a specific decision requires a review of its facts and the rules applicable at that time.
From the HR question to a defined next step
Outline the situation
Tell us the employing entity, work location, issue, relevant dates and decision deadline. A brief summary is enough for the initial enquiry; we arrange document sharing after the initial checks.
Agree the scope and fee
We check conflicts and confirm the work in writing: a document review, advice on an employee exit, ongoing HR support or representation in a dispute.
Review the options and act
Receive advice on the issues, missing evidence, practical options and next steps. Drafting, negotiation or representation follows within the agreed engagement.
For employee confidentiality, trade secrets and ownership of work product, see our Intellectual Property & Trade Secrets services.
Work with a Beijing law firm in English and Chinese. Meet Aaron Lv, Partner, or verify the firm's professional credentials.
Common questions
Can you help before we have a China entity?
We can review your proposed hiring arrangements, the entities involved and the issues to resolve before work begins. The appropriate structure depends on what the person will do and how the relationship will operate. For entity setup, see our China market entry services.
Can you review a proposed termination before we send notice?
Yes. Tell us the intended decision date and whether anything has already been communicated. We agree the review scope after the initial conflict and availability checks; there is no automatic approval of a proposed dismissal.
Can you support an overseas HR or legal team?
Yes. We explain China-law issues in English and work with the Chinese documents and local facts. Advice may be scoped for a particular decision or for ongoing support, with fees and responsibilities agreed in writing.
Explore the issue in more detail
Planning a hire, an employee exit or a response to a claim?
Tell us the issue, the work location and your decision deadline. We will discuss the appropriate scope of assistance.
