外企运营在中国面对雇佣问题的挑战
Legal issues of employment challenges to foreign companies doing business in China
赵毅
【摘要】How does are effectively deal with specific legal issues of employment challenges all foreign companies hiring and managing Chinese staff? In this essay, I am going to describe following parts: i) What are related laws needed to follow for foreign companies in China? ii) What should be cared before signing the employment contract? iii) What should be considered while employment contract is forming? iv) What should be cared when employment contract ends?
【关键词】JV; WFOE; Employment;Contract.
【全文】
Forewords:
I really appreciated with my lecturer-Ms Vivienne Bath given more advices to me on this essay.
1. Introduction
According to the data recently released by Conference on Trade and Development of United Nations, People’s Republic of China (PRC) attracted foreign direct investment (FDI) with the amount of USD 60 billion in 2005 and has continued occupying the top place among developing countries. By Jan 2005 in China, foreign-owned enterprises approved for establishment had reached at total number of 508,941, international contracts involving foreign capital received USD1096.6 billion, and the actual use of foreign investment was USD526 billion.1 450 of the global top 500 Companies have started their business operation in Chinese market, establishing more than 3000 branches. Due to significant potential market needs and cheap labor cost, China has been known as world factory.2
Appropriately 24 million Chinese were employed by Joint Ventures (JV) and Wholly Foreign owned enterprises (WFOE) in 2005. The employment relationship has become a new challenge for foreign company having operations in China. In terms of the statistics from Department of Labor in 2005, 207,605 employment disputes occurred, corresponding to total number form 1950 to 1960, the majority of which happened in relatively richer regions or more obvious industrialized areas, such as Shanghai, Guangdong and Jiangsu.3
