The short answer: fairness and non-discrimination, plus getting the foundations right from day one. Hiring in China is governed by the fairness and non-discrimination principles of the Employment Promotion Law, while a host of statutory formalities must be completed as soon as the relationship begins.
Legal basis
- Article 3 of the Employment Promotion Law: workers enjoy equal employment rights, free from discrimination based on ethnicity, race, gender, religion, etc.
- Article 10 of the Labor Contract Law: a written contract must be concluded within one month.
- Article 58 of the Social Insurance Law: social insurance registration must be completed within 30 days.
Key points
- Avoid discriminatory language in job ads and interviews (ethnicity, race, gender, religion, household registration, etc.).
- Start the contract and social insurance registration from day one — no "work a couple of months first".
- Assessing a candidate's qualifications, credentials, and role fit objectively is the compliant, safe basis for selection.
- An offer letter is not an employment contract, but reneging on one can create pre-contract liability — issue carefully.
Practical tips
- Get the candidate's consent for background checks — mind PIPL compliance.
- Complete internal approval before sending an offer, to avoid liability from withdrawing it.
Note for foreign employers
- Hiring foreign nationals requires a work permit and residence permit — not direct employment.
Unlike the US, where the emphasis is the anti-discrimination litigation framework (EEOC etc.), Chinese hiring compliance centers on completing the paperwork from the very start. Need compliant hiring and onboarding support? Contact CRBPO.
About CRBPO
Founded in 2003, CRBPO (中瑞岳华) is a professional HR service provider with 20+ years in the China market, offering executive search, RPO recruitment, staffing & dispatch, global EOR, tax & accounting, and monthly HR subscription — across 30+ cities — to help foreign companies run compliant, efficient operations in China.
Follow us: WeChat Official Account "中瑞岳华科技服务" | LinkedIn; Hotline: 400-658-9852; Email: os@crbpo.com.