Best Employment & Labor Lawyers in Xiamen

About Employment & Labor Law in Xiamen, China

Xiamen follows national Chinese employment and labor laws together with local rules and standards set by Fujian province and Xiamen municipal authorities. The legal framework covers hiring, employment contracts, working hours, wages, social insurance and housing fund contributions, workplace safety, discrimination protections, and procedures for resolving disputes between employers and employees. Employers and employees must comply with both national statutes - such as the Labor Law, the Labor Contract Law, and social insurance regulations - and local Xiamen standards - for example the local minimum wage and contribution rates.

Why You May Need a Lawyer

You may want to consult an employment lawyer in Xiamen when your situation is complex, when significant money or future work prospects are at stake, or when informal approaches have not worked. Common scenarios include:

- Disputes over dismissal or alleged wrongful termination where severance or reinstatement may be sought.

- Claims for unpaid wages, unpaid overtime, or unpaid social insurance or housing fund contributions.

- Negotiation or review of employment contracts, confidentiality agreements, non-compete clauses and severance terms.

- Workplace discrimination, harassment, or retaliation claims that require formal action.

- Collective labor issues, union negotiations, or employer restructuring and mass layoffs.

- Representation in labor arbitration, mediation, or court proceedings - lawyers can prepare filings, argue legal points, and calculate compensation.

- Cross-border or foreign-staff employment matters, including work permits, tax and social insurance questions.

Local Laws Overview

This section summarizes key legal points that are particularly relevant in Xiamen. This is an overview and not a substitute for legal advice.

- Employment contracts - Employers must provide a written employment contract. Probation rules depend on contract length - generally no probation for contracts under 3 months, up to 1 month for 3-12 month contracts, up to 2 months for 1-3 year contracts, and up to 6 months for longer or open-ended contracts.

- Working hours and overtime - The statutory standard is 8 hours per day and 40 hours per week. Overtime should be compensated at higher rates specified by law - typically higher pay for overtime on weekdays, paid days off for rest days, and premium pay for statutory holidays.

- Wages and minimum wage - Xiamen sets a local minimum wage level that employers must follow. Final wage calculations for overtime and severance use recognized methods and local reference standards.

- Social insurance and housing fund - Employers and employees must contribute to social insurance categories - pension, medical, unemployment, work-related injury, and maternity - plus the housing provident fund. Contribution rates and bases are set by local authorities and can change periodically.

- Termination and severance - Employers must follow statutory grounds and procedures to terminate employment. If termination is unlawful, employees may be entitled to reinstatement or economic compensation. Statutory severance is commonly calculated using the employee's monthly wage multiplied by years of service - specific calculations and caps depend on local rules and the facts of the case.

- Special protections - Laws provide special protections for pregnant employees, employees on maternity leave, employees with work-related injuries, and disabled employees. Employers cannot lawfully terminate or discriminate against certain protected categories under prescribed conditions.

- Non-compete obligations - Non-compete clauses are enforceable only for certain categories of employees such as senior management, senior technicians, or other personnel with confidentiality obligations. Employers must provide compensation during the non-compete period.

- Dispute resolution - Labor disputes normally go through a two-step process - mandatory arbitration before a labor arbitration committee, followed by litigation in the courts if a party disputes the arbitration award. Time limits for filing vary by claim type, so acting promptly is important.

Frequently Asked Questions

What should be in an employment contract in Xiamen?

An employment contract should specify parties, job duties, start date, term of employment, place of work, working hours, wages and payment frequency, social insurance and housing fund arrangements, probation terms if any, confidentiality or non-compete clauses where relevant, grounds for termination, and dispute resolution methods. Contracts must be in Chinese or accompanied by a Chinese version for enforcement.

Can my employer terminate me during probation?

During probation an employer may terminate employment for lawful reasons, but the employer must still follow statutory rules and provide a valid reason when required. Wrongful or discriminatory termination can give rise to claims. If termination is unlawful, remedies may include compensation or reinstatement depending on the circumstances.

How is severance pay calculated?

Statutory severance is typically based on the employee's average monthly wage and years of service - commonly one month salary per year worked. Partial years are handled proportionally. Local caps or minimums may apply and local practice can affect the base wage used for calculation. Exact calculation depends on specific facts, so get a precise calculation from a lawyer or local labor bureau.

What can I do if my employer does not pay wages or overtime?

If wages or overtime are unpaid, first collect evidence such as pay stubs, attendance records, employment contract, communications and bank statements. You can file a complaint with the local labor inspection office or apply for labor arbitration to recover unpaid wages. A lawyer can help prepare a claim and calculate owed amounts.

Am I entitled to social insurance and housing fund contributions?

Employers generally must contribute to social insurance and the housing provident fund on behalf of employees. Contribution rates and bases are set locally. If an employer fails to make contributions, you may report them to the social insurance authority or seek recovery through the labor arbitration process. Foreign employees may have specific rules depending on their permit status and local policies.

What are my rights if the company is restructuring or doing mass layoffs?

Employers planning economic layoff must follow statutory procedures, which usually include prior notice, consultation with trade unions, and sometimes reporting to local authorities. Affected employees may be entitled to economic compensation calculated under legal formulas. A lawyer can assess whether the employer followed required processes and whether additional remedies are available.

How long do I have to file a labor dispute?

There are statutory time limits to file labor disputes. Typically, you must apply for labor arbitration within a set period from the date you knew or should have known about the dispute. Different types of claims may have different limitations, and local practice can affect deadlines. To avoid losing rights, raise your claim promptly and consult a lawyer or labor bureau for specific timing.

Can a non-compete clause be enforced in Xiamen?

Non-compete clauses are enforceable only for certain categories of employees - usually senior management, senior technicians, or personnel with access to business secrets. The employer must provide reasonable compensation during the non-compete period. Courts and arbitration committees will assess scope, duration, and compensation to determine enforceability.

What protections do pregnant employees and new mothers have?

Pregnant employees and employees on maternity leave have statutory protections against dismissal and discrimination. Employers must not terminate employment on discriminatory grounds related to pregnancy or childbirth within protected periods defined by law. Employees are also entitled to maternity leave and related benefits under social insurance rules.

Do foreign employees have different rights or requirements?

Foreign employees working in Xiamen must generally hold a valid work permit and residence permit. They are subject to employment contract rules, tax obligations, and social insurance requirements that can vary depending on local policies and bilateral agreements. Employers are usually required to handle permit sponsorship and registration formalities. Because rules change and can be complex, foreign nationals should verify their specific obligations and rights with the employer, immigration authorities, and possibly a specialist lawyer.

Additional Resources

Here are local bodies and organizations you can contact or research for more information and assistance:

- Xiamen Municipal Human Resources and Social Security Bureau - handles labor relations, social insurance and employment policies.

- Local labor arbitration committees - administer mandatory arbitration for labor disputes before court action.

- Xiamen Municipal Bureau of Justice or legal aid centers - provide legal aid and public legal services for eligible persons.

- Local trade union branches - can assist with collective bargaining matters and represent employees in some disputes.

- Work permit and immigration authorities - for questions on foreign staff work permits and residence registration.

- Local courts - for litigation following arbitration or when arbitration is not required.

- Law firms and employment law specialists in Xiamen - for private representation, contract review, negotiation and litigation.

Next Steps

If you need legal assistance in an employment or labor matter in Xiamen, consider these practical next steps:

- Gather documentation - employment contract, pay slips, attendance records, communications, social insurance and housing fund records, performance evaluations and any notices from your employer.

- Make a clear timeline of events - note dates of hiring, disputes, unpaid wages, communications and termination or disciplinary actions.

- Try internal resolution - raise the issue with your employer or HR, and keep records of your attempts.

- Seek mediation - trade unions or company mediation can sometimes resolve disputes faster and with less cost.

- File a complaint - if internal steps fail, contact the labor inspection authority or submit a claim to the local labor arbitration committee within the applicable time limits.

- Consult a lawyer - a specialist can assess your case, calculate potential compensation, prepare filings, and represent you in arbitration or court. If cost is a concern, check for eligibility for legal aid or seek initial consultations to evaluate options.

- Act promptly - statutory deadlines apply to many labor claims, so do not delay in preserving evidence and starting the dispute resolution process.

Employment and labor matters can be technical and time-sensitive. Use the resources above and consider professional legal advice to protect your rights in Xiamen.