China’s social insurance and housing fund contributions add 30–45% to your payroll cost — depending on the city. That’s not a typo. Employer-side contributions in Beijing alone can reach 28%+ of base salary before housing fund. In Shanghai and Shenzhen, the numbers are similar. Model this before you quote a compensation package, or your HR budget will blow out in Q1.
China Employment at a Glance
| Detail | Value |
|---|---|
| Currency | Chinese Yuan (CNY / RMB) |
| Official Language | Mandarin Chinese |
| Labour Regulator | Ministry of Human Resources and Social Security (MOHRSS) |
| Working Week | 40 hours (standard); 44 hours (some sectors) |
| Annual Leave | 5–15 days based on cumulative work experience |
| Probation Period | 1–6 months (varies by contract length) |
Mandatory Social Insurance (“Five Insurances and One Fund”)
All employers must contribute to five mandatory social insurance programs and the Housing Provident Fund. Rates vary by city — the table below uses Beijing as a reference point.
Typical Rates (Beijing example)
| Insurance | Employer | Employee |
|---|---|---|
| Pension | 16% | 8% |
| Medical | 9.8% | 2% + 3 CNY |
| Unemployment | 0.5% | 0.5% |
| Work Injury | 0.2–1.9% | — |
| Maternity | 0.8% | — |
| Housing Fund | 5–12% | 5–12% |
Total employer cost can reach 30–45% on top of base salary depending on city and housing fund election. Your EOR applies city-specific rates — a provider that doesn’t distinguish between Beijing and Chengdu is guessing.
Labour Contract Law
China’s Labour Contract Law is employee-protective in ways that surprise most foreign employers:
- Written contracts required within 1 month of start date. Miss this and you owe double wages for every month of non-compliance.
- Fixed-term contracts: After two consecutive fixed-term contracts, the third must be open-ended (indefinite term). You cannot cycle employees through fixed terms indefinitely.
- Severance: N months’ average salary (where N = years of service), mandatory on most termination scenarios — including mutual agreement and company-initiated redundancy.
- Termination without cause: Not permitted. Must follow documented performance management, restructuring, or statutory grounds. Unilateral dismissal without grounds results in double severance liability.
- Non-compete clauses: Enforceable but require monthly compensation during the restriction period — typically at least 30% of the employee’s average monthly salary. Unpaid non-competes are void.
Using an EOR in China
EOR providers with strong China coverage:
- Deel — owned entity in China, handles Tier 1 and Tier 2 cities
- G-P — deep China expertise, multi-city coverage
- Remote — covers major Chinese cities
- Atlas HXM — strong Asia-Pacific presence including China
Setting up a WFOE (Wholly Foreign-Owned Enterprise) takes 3–6 months and requires registered capital. EOR lets you hire immediately while you determine whether the market justifies entity setup.
Key Considerations
City-by-city variation is material: Social insurance rates, minimum wages, and housing fund contribution percentages all vary by municipality. An EOR without genuine multi-city operations is a risk — they may be applying Beijing rates to a Shanghai employee or vice versa.
Individual Income Tax (IIT): Progressive rates run 3% to 45%. Employers withhold and remit monthly. Non-residents and expatriates have different thresholds and treatment for benefits-in-kind; ensure your EOR handles expat shadow payroll if applicable.
Data localisation under PIPL: China’s Personal Information Protection Law requires that employee personal data collected in China be stored domestically or pass a security assessment before cross-border transfer. This affects HR systems, payroll platforms, and any data your EOR sends offshore. Verify your EOR’s data architecture is PIPL-compliant.
Hukou considerations: An employee’s household registration (hukou) can affect where social insurance must be enrolled, particularly for migrant workers. A competent EOR navigates this — ensure they ask for hukou location at onboarding, not after the first payroll run.