China Payroll & Employment Guide 2026

China is a major hiring market, but many employment costs are set city by city, so minimum wages and social insurance bases differ between Shanghai, Beijing and Shenzhen. Enforcement has tightened. Since 1 September 2025, a Supreme People’s Court interpretation makes social insurance waivers void and lets employees resign with severance if contributions are unpaid. Public holidays rose from 11 to 13 days on 1 January 2025, when a gradual rise in retirement age also began. An amended Cybersecurity Law took effect on 1 January 2026. New social insurance bases apply from July 2026, and Shenzhen’s minimum wage rose to RMB 2,700 on 1 September 2026.

Currency: Chinese Renminbi (¥ CNY / RMB)

Language: Standard Mandarin Chinese (official and business)

Regulatory Authority: Ministry of Human Resources and Social Security (MOHRSS) and local HRSS bureaus, the State Taxation Administration, local social insurance and housing fund centres, and the Cyberspace Administration of China (CAC)

Last updated: October 2026

Minimum Wage

Set by each province, usually in tiers. Shanghai RMB 2,740 a month (from 1 July 2025), Beijing RMB 2,540 (from 1 September 2025) and Shenzhen RMB 2,700 (from 1 September 2026).

Employment Contract

A written contract is required within 1 month of starting, or the employer owes double wages. After two consecutive fixed-term contracts or 10 years of service, the employee can insist on an open-ended contract.

Probation Period

1 month for contracts of 3 months to 1 year, 2 months for 1–3 years and 6 months for 3 years or open-ended. Only one probation per employee, paid at least 80% of the agreed wage.

Employer Cost

About 26–40% on top of gross salary, including the housing fund: typically 31–33% in Shanghai, 32–40% in Beijing and 24–35% in Shenzhen. The effective rate drops sharply above the contribution cap.

Paid Leave

5, 10 or 15 days of annual leave, based on total working years with any employer. 13 public holidays from 2025. Unused leave the employer did not let the employee take is paid at 300%.

Working Hours

8 hours a day and 40 hours a week under the standard system. Comprehensive or flexible hours need prior approval from the local labour bureau. Overtime is capped at 36 hours a month.

Employer Contributions

Pension 16%, medical and maternity about 6.5–9%, unemployment 0.5–0.8%, work injury by industry, plus the housing fund. Bases vary by city, e.g. Shanghai RMB 7,546–37,731 a month from 1 July 2026.

Income Tax

Residents pay 3–45% on annual income after a RMB 60,000 basic deduction, with monthly cumulative withholding. Social insurance, housing fund and special additional deductions reduce taxable income.

Overtime Premium

150% on working days, 200% on rest days unless time off is given, and 300% on public holidays, which cannot be replaced by time off.

Notice & Severance

No at-will dismissal. Termination for incapacity or changed circumstances needs 30 days' notice or 1 month's pay in lieu. Severance is 1 month's wage per year of service (N); unlawful termination costs 2N.

Final Settlement

Wages must be paid in full on termination, and severance at work handover. The employer must issue a termination certificate and transfer social insurance and personnel files within 15 days.

Social Insurance Enforcement

Since 1 September 2025, agreements to waive social insurance for higher cash pay are void. Employees can later claim contributions and resign with severance. Tax and social insurance data are now matched.

2025–2026 updates

What changed in China

  • 1 Jan 2025Retirement age starts rising A 15-year gradual increase began: men from 60 to 63, and women from 50 to 55 or from 55 to 58.
  • 1 Jan 202513 public holidays Statutory public holidays rose from 11 to 13 days, adding Lunar New Year’s Eve and an extra Labour Day holiday.
  • 1 May 2025Data protection compliance audits Processors handling personal data of more than 1 million people must appoint a personal information protection officer, and regular audits apply to the largest processors.
  • 1 Jul 2025Shanghai and Beijing minimum wages rise Shanghai rose to RMB 2,740 a month on 1 July 2025 and Beijing to RMB 2,540 on 1 September 2025.
  • 1 Sep 2025SPC Interpretation II Social insurance waivers became void, triggers for open-ended contracts were clarified, and non-compete clauses were limited.
  • 1 Jan 2026Cybersecurity Law amended Fines for severe violations rose to RMB 10 million, and new certification rules for cross-border personal data transfers took effect.
  • 1 Jul 2026New social insurance bases Shanghai’s monthly base moved to RMB 7,546–37,731 and Beijing’s to RMB 7,270–36,348 from July 2026.
  • 1 Sep 2026Guangdong minimum wage rises Shenzhen’s minimum wage rose to RMB 2,700 a month and Guangzhou’s to RMB 2,680.

Hiring Guide

Contracts and onboarding

Sign a written contract in Chinese within 1 month of the start date; bilingual versions are common, but the Chinese text usually prevails. Fixed-term contracts have no maximum length, but after two consecutive fixed-term contracts the employee can insist on an open-ended one. Extensions of a year or more and automatic renewals now count toward that limit. Foreign nationals need a work permit and residence permit sponsored by a licensed Chinese entity.

Payroll and filings

Open social insurance and housing fund accounts within 30 days of hiring and register for income tax withholding. Contributions are based on the employee’s prior-year average monthly wage, kept within the local floor and cap. Employees typically contribute 15.5–22.5% of salary, including the housing fund. Withhold income tax each month on a cumulative basis. Tax and social insurance data are matched, so contribution bases must reflect real pay.

Leave and benefits

Annual leave is 5, 10 or 15 days depending on total working years. Sick employees get a protected medical treatment period of 3–24 months, with sick pay of at least 80% of the local minimum wage. Maternity leave is 98 days nationally and is extended by local regulations, as are paternity, childcare and marriage leave. A 13th-month salary is not required by law but becomes binding if promised.

Exits and termination

Every termination needs a legal ground. Serious misconduct allows summary dismissal; incapacity or changed circumstances need 30 days’ notice or pay in lieu plus severance of N months. If the monthly wage exceeds 3x the local average wage, it is capped at 3x and service at 12 years. Pregnant employees, those on medical leave and staff near retirement are protected. Mutual termination is the most common route.

Data and workplace compliance

Process employee data under the Personal Information Protection Law. HR management is a recognised legal basis, and cross-border HR transfers are allowed when necessary, with larger transfers needing a standard contract filing, certification or a security assessment. Employee handbooks must go through democratic consultation and be shared with staff before they can support disciplinary dismissals. Some provinces also require a summer high-temperature allowance.

Your 2026 compliance checklist

  1. Confirm the minimum wage and social insurance base for each city you hire in.
  2. Sign written contracts within 1 month of each start date.
  3. Enrol every employee, including foreign staff, in social insurance and the housing fund within 30 days.
  4. Never agree to pay cash instead of social insurance; such waivers are void.
  5. Track fixed-term renewals, as a second consecutive contract can lead to an open-ended one.
  6. Update payroll for the July 2026 contribution bases.
  7. Review employee handbooks so they have been through democratic consultation.
  8. Check cross-border transfers of HR data against PIPL and the 2026 certification rules.

Download the full China Payroll & Employment Guide 2026 (PDF)

For detailed hiring information, customised employment guidance or support with your China hiring, please reach out to our team. We provide compliant employment contracts, payroll processing and tax remittance, social security registration and reporting, benefits administration, and onboarding and offboarding support. See our EOR pricing: flat from $349 per employee, per month.

FAQ

China hiring: common questions

Yes. An Employer of Record such as StratEdge Global becomes the legal employer and handles contracts, payroll, social insurance, the housing fund, tax withholding and compliance, while you direct the day-to-day work. Paying people as overseas contractors carries labour-law and permanent-establishment risk.

No. Since 1 September 2025 such agreements are void. The employee can later claim the unpaid contributions and resign with severance.

There is no at-will termination. For incapacity or changed circumstances, give 30 days’ notice or 1 month’s pay in lieu, plus N months of severance. Unlawful termination costs 2N. Most exits are agreed as a mutual termination at N or above.

No. It is common practice, and it becomes binding if it is promised in the contract or employee handbook.