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Fesco in China: For companies looking to hire in China, a Foreign Enterprise Service Company (China FESCO) may prove to be the perfect partner. In addition to allowing companies to employ staff in China, FESCOs provide comprehensive HR and administration services, which ultimately furnishes companies wishing to do business in China with everything they need for establishing or enhancing their Chinese workforce.
The Chinese market presents ever-increasing opportunities for new and existing businesses, with or without a local presence in China. In recent decades, the Chinese markets have expanded and diversified, with major progress being made in the energy, agriculture, automotive, insurance, software (AI), and education industries, to name but a few.
What is FESCO China?
- In a nutshell, FESCO is an established and fully licensed legal entity that allows local and foreign companies to employ workers in the Chinese market and outsource their HR and administrative responsibilities. FESCOs are important entities, not least because workers in China must be paid locally by Chinese laws; it is not possible to employ someone in China and pay them from another country, nor to ‘employ’ them as independent contractors or similar.
It has long been recognized that this situation presents considerable difficulty for companies hiring in China without their local legal entity. Dan Harris, an international lawyer supporting companies in emerging markets, has vocally lamented the Chinese government’s ostensibly unfriendly laws in this regard. He claims that for years, the government “has sought to force foreign companies seeking to hire in China to form a company in China.” While this may be true in some respects, it does not leave foreign companies without any options.
In fact, this is precisely why FESCOs are proving so popular with companies looking to dispatch labor in the Chinese markets. FESCOs provide a fast and convenient means to establish or enhance a local workforce in China in a manner wholly compliant with Chinese laws.
Who can use a FESCO?
FESCOs are available to companies whether or not they have a legal entity registered in China. This means that local Chinese entities, not just foreign ones, can benefit from FESCOs.
For local companies, outsourcing HR and administrative needs is the main attraction of using an FESCO. Local companies may wish to do this for several reasons. For example, hiring temporary staff through a FESCO may be more cost-effective than bringing them into the company’s existing systems. It may also prove more cost-effective in compliance terms, as using a FESCO could be cheaper than hiring a labor lawyer to review the company’s employment arrangements.
For foreign entities, FESCOs provide a particularly beneficial service because they provide all of the facilities enjoyed by local entities (outsourced HR and administration) and significantly increase the speed of entry into the Chinese market. Establishing a new legal entity in China is complex, expensive, and time-consuming. Often, these costs negate the value of the original opportunity and, accordingly, can effectively prohibit companies from expanding into what could be very fruitful markets for their business. Using an FESCO is one way to ensure rapid, compliant, and convenient labor dispatch in China.
What are the primary services offered by FESCO?
FESCOs are excellent partners for the HR and administrative aspects of employing talent in China. The services offered by FESCOs are many and various, but the main ones include:
- Contract Drafting and Negotiation: Having a local presence to draft and negotiate the contracts of your new hires is imperative, not only for obtaining the best substantive agreement but also for ensuring compliance with Chinese laws and complete comprehension of the Chinese language.
- Tax Arrangements: China’s Individual Income Tax (IIT) laws change often, and a FESCO can safeguard against any legislative or regulatory developments that may impact your business. Since October 2018, tax changes have affected high-income and foreign workers, so compliance must remain a priority for local and foreign companies. Deductions are also a complex matter, with the standard deduction increasing to RMB 60,000 per annum for both resident and non-resident taxpayers and other deductions, such as childcare (up to RMB 12,000 per child per annum), education (up to RMB 4800 per annum), and care for the elderly (up to RMB 24,000 per annum) also applying in certain circumstances. FESCOs arrange for the requisite deductions from salaries by Chinese law, relieving their clients of significant legal and administrative responsibilities.
- Social Security: China’s social security system is complex. Five types of social security are taken (pension, medical, unemployment, work injury, and maternity), along with a contribution to the Housing Fund—which employers and employees must by law contribute to evenly—that ranges from 5% to 25%. Contribution rates vary by city and by employer; thus, it is preferable for businesses to have an expert team—like those offered by FESCOs—available to implement the correct arrangements.
- Dispute Resolution: Employer/employee disputes are complex at the best of times and undoubtedly complicated because the employer may not even be present in China. FESCOs are highly experienced in managing conflict and ensuring a legally compliant resolution to formal disputes.
- Visa Arrangements: Where a visa is necessary to work in China, FESCOs are well-positioned to apply for and monitor applications. With local teams familiar with the complicated immigration laws in China, outsourcing is an incredibly challenging part of employing talent in China, and it is attractive to businesses of all types.
- Contract Drafting and Negotiation: Having a local presence to draft and negotiate the contracts of your new hires is imperative, not only for obtaining the best substantive agreement but also for ensuring compliance with Chinese laws and complete comprehension of the Chinese language.
- Tax Arrangements: China’s Individual Income Tax (IIT) laws change often, and a FESCO can safeguard against any legislative or regulatory developments that may impact your business. Since October 2018, tax changes have affected high-income and foreign workers, so compliance must remain a priority for local and foreign companies. Deductions are also a complex matter, with the standard deduction increasing to RMB 60,000 per annum for both resident and non-resident taxpayers and other deductions, such as childcare (up to RMB 12,000 per child per annum), education (up to RMB 4800 per annum), and care for the elderly (up to RMB 24,000 per annum) also applying in certain circumstances. FESCOs arrange for the requisite deductions from salaries by Chinese law, relieving their clients of significant legal and administrative responsibilities.
- Social Security: China’s social security system is complex. Five types of social security are taken (pension, medical, unemployment, work injury, and maternity), along with a contribution to the Housing Fund—which employers and employees must by law contribute to evenly—that ranges from 5% to 25%. Contribution rates vary by city and by employer; thus, it is preferable for businesses to have an expert team—like those offered by FESCOs—available to implement the correct arrangements.
- Dispute Resolution: Employer/employee disputes are complex at the best of times and undoubtedly complicated because the employer may not even be present in China. FESCOs are highly experienced in managing conflict and ensuring a legally compliant resolution to formal disputes.
- Visa Arrangements: Where a visa is necessary to work in China, FESCOs are well-positioned to apply for and monitor applications. With local teams familiar with the complicated immigration laws in China, outsourcing is an incredibly challenging part of employing talent in China, and it is attractive to businesses of all types.
Are there any potential disadvantages of using a FESCO?
As with any business decision, there are disadvantages and advantages to using a FESCO in China. Accordingly, companies considering a FESCO should be aware of the following concerns:
- FESCOs may not always be suitable for hiring ‘core’ staff, as the administrative arrangements tend to be better suited to temporary or part-time staff.
- FESCO labor contracts are limited by law to two years (although it may be possible legally to terminate the contract within two years and then issue a new contract to the same person, if necessary).
- FESCOs may indirectly obscure transparency in aspects of employment (for example, payroll) because they handle all HR and administrative needs in one comprehensive service.
Thankfully, for most companies, the advantages of using a FESCO will significantly outweigh the disadvantages.
Summary
FESCOs provide a high level of value to both local and foreign companies wishing to establish or enhance their workforce in China. The Chinese market and legal landscape can be prohibitively complex. Still, FESCOs can take on many burdens and responsibilities, allowing companies to focus on their mission, goals, and expansion into China.
