foreigners do not usually take jobs part time in China because of the difficulty of obtaining a work visa and residence, allowing expatriates to work legally in China. The government issues normally only work visas for full-time employees, but as long as your employer is willing to go through the hassle that you sponsor (which may mean that register as full-time), is not technically impossible. Another exception to the rule is that international students who have, since 2018, have had access to a part-time job with permission from their university and input-output office premises. If you are in any of these fields and want to know more about the rules around part-time jobs in China, read
Photo :. Brooke Cagle 1. It is illegal to accept a job outside part-time by your sponsor visa
even though many foreigners have rushed side under the table in China, it is technically illegal to absorb any outside paid employment of the company sponsoring his work visa. If you are in China on a Z-visa and is offered extra work is not connected to your primary standard, therefore accept that at your own risk and, needless to say, keep it on the down-low. 2. Written contracts are unnecessary but useful
In legal terms, written contracts are not required for part-time jobs in China. Verbal agreements are all you need, but potentially a recipe for disaster. Although written contracts may not be mandatory for part-time work, most employers probably do not know and do not be offended if one insists.
With fewer legal protections and therefore larger and scope potential to be deceived as a part-time employee, a written contract is your only real defense if any disputes arise. Try your arrangement, however casual, writing before you start. 3. The test periods are illegal for part-time employees
While there may be common practice in full-time employment, probationary periods (eg three months of work in the half pay) are actually illegal that part-time employees in China. Despite this fact, some companies still try to impose probation on you, offering you a reduced salary during the first three months or no payments at all until at the end of the trial period.
It is not only illegal, but it is a real warning sign that the employer intends to cheat. Do not let anyone persuade you to accept a probationary period for part-time work, no matter how attractive it appears cast end. 4. There are limits to the amount of hours you can work
The law is actually very strict in China when it comes to defining what is classified as part-time and full-time employment. Some employees may not be aware of the difference and as a result risk of unintended crossing that line.
The law states that a part-time employee can not work more than five hours per day and 24 hours one week. A little further and you risk being classified as a full-time employee. Be aware of the amount of time you are working and remind your boss that you need to scale back or be hired as full-time employee, if it starts to creep above the threshold. 5. You must pay within 15 days
While full-time employees are paid monthly in Chinese, part-time workers actually have the right to be paid within 15 days. This may come as a big surprise for most part-time employees in China, as the reality in some companies is very different. It is not uncommon for companies to lay off part-time workers to accept payment terms that are not only more than 15 days, but considerably longer payment cycles than full-time employees -. Sometimes up to two months after the work was done
However, 15 days is the law, so do not be afraid to bring it to the attention of his boss. When working part-time in China, which is always better to try to avoid long payment periods that could expose the risk of not being paid if something happens to the company or its working relationship with him. 6. You have the right to social security limited
Social Security is an important part of the full-time employment. Is a fund that all companies and employees must pay each month providing a social welfare benefit that employees can use, for example, to pay medical bills at local hospitals.
While you may think social security wouldn 't extend to part-time employees, it does, at least in the most basic level. The company is not obliged to pay in social security fund as they are, if you are in full-time employment, but are legally obligated to cover the medical expenses of any work-related injury incurred. Along with the injuries you suffered as a result of accidents, this could potentially include less obvious ailments such as repetitive stress, muscle pain and symptoms related to stress. Be sure to look into it if the suffering of those conditions begins during the course of the part-time work in China. 7. But you have no right to annual leave or notice of termination
Although some people may be pleasantly surprised at the hearing about the law regarding probationary periods and social security for part-time workers in China, unfortunately that's pretty much the extent of their rights.
Part-time employees enjoy no right to paid annual leave, and while it is not impossible to negotiate, it is very unlikely that your employer would agree. That said, however, as a part-time worker is likely to take unpaid leave as many as you want, as long as you give notice and organize their work accordingly.
At the same time, part-time employees in China are given no protection when it comes to termination. Companies are not required to give any notice, no need to pay any compensation, if they decide to let go.
In conclusion, the rights of part-time employees in China are better than most people probably imagine. Of course, you have not paid annual leave and his contract may be terminated at any time, but the trial periods are illegal, payment terms are short, and access social insurance. As long as your part-time employment is legal, you have a written contract and does not mind the lack of benefits and entitlements compared to full-time employment, you can not go too far wrong.
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