Between a rock and a hard place

| BY

clpstaff &clp articles

A new tax policy may force multinational companies to choose between taking a heavy tax hit and giving expat workers local employment contracts

Phil Taylor

Expats can be a valuable asset in China. Multinational companies often assign specialists or senior executives to the country for one or two years. During that secondment period, few companies localise the workers, preferring instead to keep them on home contracts and benefits packages.

Companies do this for a variety of reasons – often it is simply a matter of convenience, but frequently it is done to preserve the employees' social security benefits back home during the relatively short time that they are in China (this is particularly true in the case of US companies). It also keeps contract issues simple, and avoids the strongly employee-weighted provisions of the PRC Employment Contract Law (中华人民共和国劳动合同法).

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]