China’s Proactive Employment Law Foreign Employers Must Understand

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China has a proactive employment policy to make sure the unemployment rate within a socially tolerable range. From hiring to termination, China employment law covers everything. Foreign companies need to understand the Chinese employment law thoroughly before taking on any decisions regarding their China employee.

China employment law basically involves the following areas

  • Employment Contracts
  • Remuneration or Salary
  • Workplace Safety
  • Procedures for Negotiations
  • Labor Disputes
  • Working Hours
  • Protection from Discrimination
  • Compensation or Wage Regulations
  • Training
  • Social Insurance

 

On February 7, 2020, the PRC Ministry of Human Resources and Social Security has issued the Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production (the “Opinions”). Local regulators have issued various similar notices in this regard in Shanghai and Guangdong province. A foreign employer must follow all the legal responsibilities stated in the China employment law. The two China employment laws that all foreign investors must consider before commencing a business in the country are:

 

  • 1995 Labor Law of the People’s Republic of China
  • 2008 Labor Contract Law of the People’s Republic of China

 

Few key points of China employment law

  • In China, labor relationships may be reinstated even after termination– employers may be forced to re-hire terminated employees.
  • Chinese labor law is primarily based on employment contracts. Oral assurance and offer letters are not valid documents to establish labor relationships.
  • The severance pay structure in China is quite peculiar. Sometimes a senior manager’s severance cost is lower than a junior employee’s.
  • PRC lifts restrictions on wholly foreign-owned HR service companies and the Ministry of Human Resources and Social Security issues notice on electronic employment contracts.
  • China takes steps to reduce employer’s contributions to disabled persons’ protection funds and Guangzhou issues guiding opinion on employment disputes.

 

In spite of not willing to violate China’s overtime laws, many foreign companies frequently break it largely because the China labor laws are incredibly complicated and most English language translations of them are woefully inadequate. Appointing a trusted China business lawyer can solve this problem. It is a piece of golden advice to all the foreign employers to keep an experienced China attorney by their side all the time.

 

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O2O Business Model the Future of Retail

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E-commerce has grown internationally over the past few years; China is one of the countries with the fastest e-commerce growing market. Despite the success, return rates have also grown accordingly. The lack of buyer experience is perhaps the biggest weakness of e-commerce, that is the main reason why the online to offline (O2O) business strategy was created.

O2O Business Model in China

Online-to-offline (O2O) is a business strategy that brings potential customers using online channels to physical stores. In fact, O2O Commerce is a business modus operandi that uses the IoT and mobile systems to drive offline local sales. For a quick definition, one might say o2o is anything digital that brings people to shop offline, in real-world stores.

 

The Growing Popularity of O2O Business Model

it is interesting to note that despite its popularity “just online” does not cut it with Chinese consumers as 51% of prosumers are against the survival of online retailers only. O2O commerce has grown rapidly in China. This is the most important development in China. You absolutely have to watch your data on sales online to influence offline sales. In China especially, O2O also covers all manner of services that might not be cost-effective to offer in Western markets, including pick-up dry cleaning, home haircuts, or wholesale and fresh market delivery services. For a simpler meaning, the O2O business model is anything digital that brings people to shop offline.

The concept of O2O is nothing new; marketers have been talking about this for a number of years now. At its simplest level, O2O uses online content to drive customers to physical stores. Premier Chinese internet companies making major investments in physical stores and distribution networks, providing the convenience of e-commerce with the instant gratification of brick-and-mortar shopping.

China’s tech giants such as Alibaba, Tencent, Baidu, etc. have backed up this O2O vision with a range of investments, with Alibaba arguably leading the way through a shopping spree of its own. The success of the O2O business model attracting foreign as well as Chinese investors. The combination of O2O brings the best of both worlds together. In this model, the business treats both channels- online and offline as complementary in terms of increasing sales rather than competitive.

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