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  • Part-Time vs Full-Time Employment Contracts
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Part-Time vs Full-Time Employment Contracts

Ikky Ma June 3, 2025
Part-Time vs Full-Time Employment Contracts

China’s dynamic labor market offers diverse employment arrangements governed by complex regulations that vary by region, industry, and employment type.

This guide examines the critical differences between part-time and full-time employment contracts in China, providing essential information for both employers and employees to navigate contractual decisions successfully.

Legal Framework and Classification

China’s employment relationships are primarily governed by three key pieces of legislation:

  • Labor Law of the People’s Republic of China (1995)
  • Labor Contract Law of the People’s Republic of China (2008, amended 2012)
  • Social Insurance Law of the People’s Republic of China (2011)

According to Article 68 of the Labor Contract Law, part-time employment is defined as work that generally does not exceed an average of 4 hours per day or 24 hours per week with the same employer. Any employment exceeding these thresholds is classified as full-time.

Working Hours and Flexibility

Employment TypeStandard Working HoursOvertime RegulationsFlexibility
Full-Time40 hours/week (8 hours/day, 5 days/week)Overtime limited to 36 hours/month; paid at 150% (weekdays), 200% (weekends), or 300% (public holidays) of standard wageLimited flexibility; fixed schedule with potential for overtime
Part-Time≤24 hours/week (≤4 hours/day)No legal overtime provisions for part-time workersHigh flexibility; often negotiable schedules

Source: Ministry of Human Resources and Social Security of China

Contract Requirements and Duration

Full-Time Employment

  • Written contract required within one month of employment start date
  • Contract duration options:
    • Fixed-term (specific end date)
    • Open-ended (no specified end date)
    • Project-based (ends upon project completion)
  • Probation periods permitted based on contract length:
    • 3-12 month contracts: max 1 month probation
    • 1-3 year contracts: max 2 months probation
    • 3+ year contracts: max 6 months probation
  • After two consecutive fixed-term contracts, employees are entitled to request an open-ended contract

Part-Time Employment

  • Written contract recommended but not legally mandated
  • No specified minimum or maximum contract duration
  • No probation period provisions
  • Either party can terminate the employment relationship without advance notice

Source: Articles 10, 14, 19, and 69-72 of the Labor Contract Law

Compensation Structure and Benefits

Benefit/RequirementFull-TimePart-Time
Salary PaymentMonthly salary (minimum wage guarantee)Hourly wage (cannot be below local minimum hourly rate)
Payment FrequencyAt least monthlyAt least bi-weekly
Social InsuranceMandatory employer contributionsNot required (employees may contribute voluntarily)
Housing FundMandatory employer contributionsNot required
Annual Leave5-15 days based on years of serviceNot legally required
Sick LeavePaid medical leaveNot legally required
Maternity BenefitsPaid maternity leaveNot legally required
Severance PayRequired in most termination casesNot required

Source: China Labor Bulletin

Social Insurance Contributions

Full-time employees must be enrolled in China’s social insurance system, which includes:

  1. Pension Insurance
  2. Medical Insurance
  3. Unemployment Insurance
  4. Work-related Injury Insurance
  5. Maternity Insurance
  6. Housing Fund

Contribution rates vary significantly by region. For example, in Beijing (2023 data):

Insurance TypeEmployer ContributionEmployee Contribution
Pension16%8%
Medical10%2% + ¥3
Unemployment0.8%0.2%
Work Injury0.4-1.9%0%
Maternity0.8%0%
Housing Fund12%12%

Source: Beijing Municipal Human Resources and Social Security Bureau

Tax Considerations

Full-Time Employment

  • Employers withhold Individual Income Tax (IIT) through the withholding system
  • Monthly deduction of ¥5,000 before tax calculation
  • Progressive tax rates ranging from 3% to 45%
  • Special additional deductions available for certain expenses

Part-Time Employment

  • Simplified taxation method often applied for part-time work
  • Tax rate of 20% for monthly income below ¥4,000
  • Tax rate of 20% with 50% income reduction for monthly income over ¥4,000
  • Employees with multiple part-time positions may need to file annual tax returns

Source: State Taxation Administration, Individual Income Tax Law of PRC

Regional Variations

Implementation and enforcement of labor laws vary significantly across China:

  • Tier-1 cities (Beijing, Shanghai, Guangzhou, Shenzhen): Stricter enforcement, higher minimum wages, more comprehensive benefits
  • Tier-2 cities: Moderate enforcement with growing compliance expectations
  • Tier-3 cities and rural areas: Often more flexible interpretation of regulations

For local regulations, consult municipal human resources and social security bureaus:

  • Shanghai Human Resources and Social Security Bureau
  • Guangdong Human Resources and Social Security Department

Special Considerations for Foreign Nationals

Foreign nationals face additional requirements:

  • Work visa requirements: Full-time employment typically required for work visa sponsorship
  • Residence permits: Usually linked to full-time employment status
  • Multiple employer restrictions: Work permit generally ties employees to a single employer

Foreign nationals should consult the National Immigration Administration and China Visa Application Service Center for current requirements.

Digital Platform and Gig Economy Work

China’s gig economy has grown substantially, creating new employment relationships that often fall outside traditional part-time/full-time classifications:

  • Platform-based workers (Didi drivers, Meituan delivery workers, etc.) typically operate as independent contractors
  • The Supreme People’s Court and various municipalities have introduced guidelines to better protect platform workers
  • In 2021, the State Council released guidelines encouraging platforms to provide improved benefits for workers

Source: China Labor Bulletin: Food Delivery Workers

Making the Right Choice

For Employers

  • Full-time contracts provide workforce stability but come with higher costs and legal obligations
  • Part-time arrangements offer flexibility and lower upfront costs but may result in higher turnover
  • Consider industry standards, budget constraints, and long-term staffing needs

For Employees

  • Full-time positions provide stability, comprehensive benefits, and career advancement opportunities
  • Part-time roles offer schedule flexibility and potential for multiple income streams
  • Consider personal financial needs, work-life balance requirements, and career goals

Conclusion

Understanding the nuances between employment contract types in China is essential for making informed decisions that align with both legal requirements and personal or business objectives.

Consulting with legal professionals who specialize in Chinese labor law is recommended before finalizing any employment arrangement.

References and Further Reading

  1. Labor Contract Law of the People’s Republic of China
  2. China Briefing: HR and Payroll in China
  3. American Chamber of Commerce in China: Business Climate Survey
  4. EU Chamber of Commerce in China: Position Paper
  5. Chan, A., & Norlund, I. (1998). Vietnamese and Chinese labour regimes: On the road to divergence. The China Journal, 40, 173-197.
  6. Brown, R. C. (2012). Understanding Labor and Employment Law in China. Cambridge University Press.

About the Author

Ikky Ma

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This page features all articles and posts by Ikky, the owner of the blog named ikkyinchina.com

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