Employee Working Abroad With a Chinese Labor Contract


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The client company of this case study is operating in China offering AI services. The company has offices in 40 countries around the world with thousands of employees.

This case study is to show you how we helped the client to solve a problem with an employee working abroad but with a Chinese employment contract.

The Challenge

The problem for the company arose when an employee moved back to her home country, while still working for the company.

During the Chinese national holiday, employees do not work in China and if they have to work, the company has to pay triple the salary.

Before the Chinese national holiday, the employee asked if it was possible not to work like the employees based in China.

The client was unsure of this and did not know how to properly handle this matter with its employee. That is why they asked our help.

The Solution

Our client originally signed the employment contract with the employee under Chinese law.

In this case, all the employment relationships should be managed under the Chinese labor law.

Knowing this situation, our suggestion for the client was to give the days off to the employee during the Chinese national holiday or let her work and pay her triple the amount of the normal salary.

The Outcome

Our suggestion helped the client to deal effectively with this problem and they decided to give her the days off during the Chinese national holidays.

The Managing Director of the company in China was very happy with our service because we showed full support and avoided potential problems with the employee.

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