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Hi, I would like to hire a salesperson in China but I don’t want to setup my company in China at this moment. So how can I maintain this salesperson legitimately? and also how can I pay the salary to this salesperson?
Hi Tim, thanks for the question.
According to Chinese law, foreign companies are not allowed to conduct business activities directly in China, nor are they allowed to recruit Chinese employees directly in China. If foreign companies want to recruit employees in China, they can conduct business activities through representative offices or branch offices established in China.
According to the current laws and regulations in China, the permanent representative offices of foreign enterprises do not have the qualifications of employment entities. If Chinese employees need to be recruited, they should go through the foreign affairs service unit to handle the recruitment procedures, pay social security, etc. Otherwise, they may face administrative penalties.
根据我国法律，外国公司不得直接在中国开展经营活动，也不得直接在中国招聘中国员工。外国公司如果要在中国招聘员工，可以通过在在中国设立的代表处或分支机构开展商业活动。
根据中国现行法律规定，外国企业常驻代表机构不具备用工主体资格，如需招聘中国员工，应通过外事服务单位办理录用手续、缴纳社保等，否则可能会受到行政处罚。
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