Hong Kong companies hiring employees in mainland China: Compliance guidelines and operational principles
Hong Kong companies hiring employees in mainland China must strictly comply with mainland labor laws and cross-border employment policies. The core issues revolve around three dimensions: legal compliance, procedural standardization, and risk avoidance. Specifically, this can be clearly understood from four aspects: policy basis, core advantages, operational procedures, and key considerations. According to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, the Ordinance on the Establishment of Mainland Offices by Hong Kong Enterprises, and the Regulations on the Employment Administration of Residents of Taiwan, Hong Kong, and Macao in Mainland China, Hong Kong companies can directly hire employees in mainland China.
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Key Considerations: Avoiding Common Risks
• Compliant Termination Procedures: Termination of an employment contract requires a legal reason (such as serious employee misconduct or inability to perform work duties) and must comply with procedures such as written notice and economic compensation. Unjust termination may result in substantial damages.
• Dispute Resolution Mechanisms: Labor disputes should be resolved primarily through negotiation and mediation. If arbitration is necessary, an application must be made to the labor dispute arbitration committee in the place where the employment contract is performed or where the company is located. If dissatisfied with the outcome, a lawsuit can be filed in court.
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