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China’s HR Challenges
Managing Chinese - Relationships

                          Nation


                          Friends


                          Family

   Company



                           Self
Managing Chinese - The Negative Stereotypes

• Strict adherence to hierarchy is still
  prevalent
• Value systems are gradually fixing
  themselves
• Attention to Details is often lacking
          Work ethic does not
          encourage pride in work as it
          does in other countries
          Leftover mentality of the ‘Iron
          Rice bowl’ where everything
          was provided by the State
Managing Chinese - The Negative Stereotypes
Being reactive rather than proactive
         Education system relies heavily on rote memory and less on logical and critical
         thinking
         Creativity is stymied in strictly controlled classrooms where the authority of the
         professor is paramount
Shuanghuan CEO or BMW X5?
Managing Chinese - The Reality
         China's GDP Growth (RMB Billion)
25,000

20,000

15,000

10,000

 5,000

    0
         1985
         1986
         1987
         1988
         1989
         1990
         1991
         1992
         1993
         1994
         1995
         1996
         1997
         1998
         1999
         2000
         2001
         2002
         2003
         2004
         2005
         2006
         2007
0
           10
                20
                     30
                          40
                               50
                                    60
                                         70
                                              80
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
                                                   FDI Utilized (USD Billion)
                                                                                Managing Chinese - The Reality




2000
2001
2002
2003
2004
2005
2006
2007
Managing Chinese - The Positive Stereotypes

• Incredible ability to organize
  en mass                            Pudong, Shanghai 1990
• Strong sense of National
  Identity and Pride
• High level of resiliency and
  resourcefulness
          The ability to wake from
          decades of self-imposed
          isolation…
Managing Chinese - The Positive Stereotypes
Pudong, Shanghai Today




                             …to become one of the world’s
                             most promising economies
Managing Chinese – Solutions
• Never accept: “That’s how its done in China”
         Often used to deflect foreign criticism or excuse improper behavior
         If it does not make sense then it probably doesn’t belong in your organization
• Chinese are capable of accepting and adopting to new behaviors
         China is in a constant state of flux: it’s not just the economy that is developing
         Flat Organizations, cooperative working environments, empowering junior and
         middle management
• Adapt your company culture to your China operations
         There is a reason why your firm is successful and part of that is the company
         culture
         Just as your business model needs to be adjusted to regional preferences so too
         does your management style



         Not just Foreign Companies introducing new management concepts
HR Trends - Recruitment
• The cost of replacing a senior manager can cost a firm twice the annual salary of the
  position
• Localization is increasingly more common
• Most severe talent shortages:
      Leadership / P&L experience                  Staff Recruitment Methods               % Respondents

      Project management skills                                                                    23
                                                Attractive Salary & Benefits

      Marketing                                                                                    19
                                                Opportunities for Career Development

      Sales
                                                                                                    7
                                                Meaningful & Creative Work
      Specialized technical skills
                                                                                                    7
                                                Unique Company Culture

                                                                                                    3
                                                Company Location


                                                                  Source: Mercer Employee and Attraction Survey
HR Trends - Retention
• #1 concern for American companies operating in China is retention of staff
• Years of services of 25-35 year olds have dropped on average from 3 to 5 year to 1 to
  2 years in 2005
• Key mistakes that foreign companies make:
         Two-tier payment system
                                                   Effective Retention Tools            Year of Service
         Glass Ceiling
         Training and career development         Training, Education Reimbursement,
                                                                                           Up to 5 years
                                                 career development, Housing
                                                 Benefits
         Work-life balance
                                                 Exposure to Senior Management,
                                                                                            5 – 10 years
                                                 Training, Career development,
                                                 Housing Benefits

                                                 Retirement Benefits, Medical
                                                 Benefits, Work/Life Balance, Long-
                                                                                           Over 10 Years
                                                 term incentives, External
                                                 Recognition

                                                                                  Source: Hewitt Associates
Labor Compliance - Employment
• Rep Offices are not allowed to sign employment contracts with local employees
  directly.
• Official version of employment contract must be in Chinese
• Only two fixed-term contracts allowed
• Severance compensation applies for expired contracts that are not renewed
• No standard contract form, but should include:
         Term of contract & probation period
         Job Title
         Labor protection and working conditions
         Compensation
         Termination Conditions
         Breach of contract provisions & disciplinary rules, NDA’s, Non-Competes


                 Consult with a Lawyer specialized in the Labor Law
Labor Compliance - Severance Pay
• Amount based on the number of years worked with employer
• 1 month salary for each full year
• In case the employee works less than 6 months, severance pay of ½ month salary
• Any period of not less than 6 months but less than 1 year shall be regarded as 1 year
• Severance cap:
         If the monthly wage ≥ 3 x (average monthly wage*)
                            - and -
         No more than12 years of work (i.e. 12 months severance max)




                                        * The average wage of Shanghai, 2008: RMB 2,892/mth (3*2,892=8,676)
Labor Compliance - Termination

• Contract terminated by employee / employee does not agree to renew the contract if
  the employer provides better offer
• Contract terminated during probationary period:
         1 month / 6 months – 1 year contract
         2 months /1-3 year contract
         6 months / 3 years and above
• Employee breaches contract / commits a civil crime
• The employer faces substantial difficulties in business operations
• Dramatic change in macroeconomic circumstances
• Missing or death of employee


           Limited situations where severance is not paid for termination
Labor Compliance - Work Hours
• Legal Weekly Working Duration: 40 hours
         Overtime arrangements:                 Name of Holiday    Duration      Period
           • Weekdays: 1.5x normal salary
                                                                     1 day        1 Jan
                                            New Year’s Day
           • Weekends: 2x normal salary
                                                                              Lunar calendar
           • National Holidays: 3x normal                           3 days
                                            Spring Festival                    01/01 - 03/01
              salary
                                                                     1 day        4 Apr
                                            Tomb-Sweeping Day
         Overtime during weekdays and
         weekends can be replaced by time                            1 day        1 May
                                            Labor Day

         off during working days                                              Lunar calendar
                                                                     1 day
                                            Dragon Boat Festival                  05/05
• Intern/Part Time Employees: 20 hours or
                                                                              Lunar calendar
                                                                     1 day
                                            Mid Autumn Festival
  less                                                                            15/08


• Flexible working hours                                            3 days    1 Oct – 3 Oct
                                            National Day


• Retail & Services

• Comprehensive working hours

    • MFG
Labor Compliance - Contributions
• For Shanghai Residents                                        Urban Scheme           Township Scheme
                                           Social Benefits
      Additional coverage in                                 Company   Employee      Company    Employee

      each category is available                              22%         8%           17%
                                   Pension

      to employees depending                                   2%         1%            2%
                                   Unemployment Fund
      on individual agreements
                                                              12%         2%            5%
                                   Medical Coverage
      reached with employers                                                                       0%

                                                              0.5%        0%           0.5%
                                   Workplace Insurance


• For non-Shanghai                                            0.5%        0%           0.5%
                                   Maternity Leave

  Residents: RMB 216.90 per                                    7%         7%            7%         7%
                                   Public Housing Fund

  month
                                                              44%        18%           32%         7%
                                   Total

                                   Maximum base                           8,676 RMB (~3,800)

                                   Minimum base                            1,735 RMB (~760)
Labor Compliance - Tax Rate

                                            • Full tax amount deducted from
                                  Quick
  Taxable Amount     Tax Rate
                                              employee’s salary
                                Deduction

  Less than 500        5%          0
                                            • Employer submits the amount to tax
  501 – 2,000          10%         25
                                              bureau
  2,001 – 5000         15%        125
                                            • For Local Employees
  5,001 – 20,000       20%        375
                                              IIT = [Gross Salary – Social Benefits – 2,000
  20,001 – 40,000      25%        1,375
                                              RMB] x Tax Rate – Quick Deduction
  40,001 – 60,000      30%        3,375
                                            • For Foreigners liable to tax contributions
  60,001 – 80,000      35%        6,375
                                              IIT = [Gross Salary – Allowances – 4,800
  80,001 – 100,000     40%       10,375
                                              RMB] x Tax Rate – Quick Deduction
  Over 100,000         45%       15,375



          Tax rate for Foreign and Chinese employees identical nationwide
Labor Compliance - Example
                    Employer’s and Employee’s Share of Social Benefits and ITT

         Components                                                Example


                                                                                                4,310
                                        Employer's Total Expense
                                                                                 Add 1,310
   Employer’s Share of Social                                                      =44%
           Benefits
                                              Gross Salary                                      3,000
   Employee’s Soc. Benefits                                                      Subtract 540
                                                                                    =18%


       Employee’s Taxes
                                                                                 Subtract 23

                                                Net Salary                                      2,437




           Net Salary




                                                                                                    0
The Expat – Work Permit & Residence Visa

• Qualifications:
          Established Entity within China
          Two- year Degree
          Two-years working experience
          Reasonably Good Health
• Work Permit Process (Shanghai)
         Apply for Z Visa abroad
           • (Chief Rep., Legal Rep may apply in China)
         Health Examination in Shanghai
         Apply for the Work Permit (1-2 years)
         Finally the Residence Permit (1-2 years, multi-entry)
The Expat – Tax Liability




        New Zealand has a Double Taxation Treaty with China
A few last points…
• China is not a mystical land of dragons and forbidden cities
          The Chinese have the same desires and needs as all of us
          It is possible to understand China and the Chinese, but…
• There is no such thing as the “China Expert”
          The more that you know about China the more questions you will have
          Even the Chinese cannot grasp, in its entirety, the socioeconomic changes that
          are occurring within their own country
• Foreign Invested Enterprises should not behave like locally owned companies
         Foreign firms are scrutinized more closely and held to stricter standards
         Train your staff to understand the difference

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China’s HR Challenges

  • 2. Managing Chinese - Relationships Nation Friends Family Company Self
  • 3. Managing Chinese - The Negative Stereotypes • Strict adherence to hierarchy is still prevalent • Value systems are gradually fixing themselves • Attention to Details is often lacking Work ethic does not encourage pride in work as it does in other countries Leftover mentality of the ‘Iron Rice bowl’ where everything was provided by the State
  • 4. Managing Chinese - The Negative Stereotypes Being reactive rather than proactive Education system relies heavily on rote memory and less on logical and critical thinking Creativity is stymied in strictly controlled classrooms where the authority of the professor is paramount
  • 6. Managing Chinese - The Reality China's GDP Growth (RMB Billion) 25,000 20,000 15,000 10,000 5,000 0 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
  • 7. 0 10 20 30 40 50 60 70 80 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 FDI Utilized (USD Billion) Managing Chinese - The Reality 2000 2001 2002 2003 2004 2005 2006 2007
  • 8. Managing Chinese - The Positive Stereotypes • Incredible ability to organize en mass Pudong, Shanghai 1990 • Strong sense of National Identity and Pride • High level of resiliency and resourcefulness The ability to wake from decades of self-imposed isolation…
  • 9. Managing Chinese - The Positive Stereotypes Pudong, Shanghai Today …to become one of the world’s most promising economies
  • 10. Managing Chinese – Solutions • Never accept: “That’s how its done in China” Often used to deflect foreign criticism or excuse improper behavior If it does not make sense then it probably doesn’t belong in your organization • Chinese are capable of accepting and adopting to new behaviors China is in a constant state of flux: it’s not just the economy that is developing Flat Organizations, cooperative working environments, empowering junior and middle management • Adapt your company culture to your China operations There is a reason why your firm is successful and part of that is the company culture Just as your business model needs to be adjusted to regional preferences so too does your management style Not just Foreign Companies introducing new management concepts
  • 11. HR Trends - Recruitment • The cost of replacing a senior manager can cost a firm twice the annual salary of the position • Localization is increasingly more common • Most severe talent shortages: Leadership / P&L experience Staff Recruitment Methods % Respondents Project management skills 23 Attractive Salary & Benefits Marketing 19 Opportunities for Career Development Sales 7 Meaningful & Creative Work Specialized technical skills 7 Unique Company Culture 3 Company Location Source: Mercer Employee and Attraction Survey
  • 12. HR Trends - Retention • #1 concern for American companies operating in China is retention of staff • Years of services of 25-35 year olds have dropped on average from 3 to 5 year to 1 to 2 years in 2005 • Key mistakes that foreign companies make: Two-tier payment system Effective Retention Tools Year of Service Glass Ceiling Training and career development Training, Education Reimbursement, Up to 5 years career development, Housing Benefits Work-life balance Exposure to Senior Management, 5 – 10 years Training, Career development, Housing Benefits Retirement Benefits, Medical Benefits, Work/Life Balance, Long- Over 10 Years term incentives, External Recognition Source: Hewitt Associates
  • 13. Labor Compliance - Employment • Rep Offices are not allowed to sign employment contracts with local employees directly. • Official version of employment contract must be in Chinese • Only two fixed-term contracts allowed • Severance compensation applies for expired contracts that are not renewed • No standard contract form, but should include: Term of contract & probation period Job Title Labor protection and working conditions Compensation Termination Conditions Breach of contract provisions & disciplinary rules, NDA’s, Non-Competes Consult with a Lawyer specialized in the Labor Law
  • 14. Labor Compliance - Severance Pay • Amount based on the number of years worked with employer • 1 month salary for each full year • In case the employee works less than 6 months, severance pay of ½ month salary • Any period of not less than 6 months but less than 1 year shall be regarded as 1 year • Severance cap: If the monthly wage ≥ 3 x (average monthly wage*) - and - No more than12 years of work (i.e. 12 months severance max) * The average wage of Shanghai, 2008: RMB 2,892/mth (3*2,892=8,676)
  • 15. Labor Compliance - Termination • Contract terminated by employee / employee does not agree to renew the contract if the employer provides better offer • Contract terminated during probationary period: 1 month / 6 months – 1 year contract 2 months /1-3 year contract 6 months / 3 years and above • Employee breaches contract / commits a civil crime • The employer faces substantial difficulties in business operations • Dramatic change in macroeconomic circumstances • Missing or death of employee Limited situations where severance is not paid for termination
  • 16. Labor Compliance - Work Hours • Legal Weekly Working Duration: 40 hours Overtime arrangements: Name of Holiday Duration Period • Weekdays: 1.5x normal salary 1 day 1 Jan New Year’s Day • Weekends: 2x normal salary Lunar calendar • National Holidays: 3x normal 3 days Spring Festival 01/01 - 03/01 salary 1 day 4 Apr Tomb-Sweeping Day Overtime during weekdays and weekends can be replaced by time 1 day 1 May Labor Day off during working days Lunar calendar 1 day Dragon Boat Festival 05/05 • Intern/Part Time Employees: 20 hours or Lunar calendar 1 day Mid Autumn Festival less 15/08 • Flexible working hours 3 days 1 Oct – 3 Oct National Day • Retail & Services • Comprehensive working hours • MFG
  • 17. Labor Compliance - Contributions • For Shanghai Residents Urban Scheme Township Scheme Social Benefits Additional coverage in Company Employee Company Employee each category is available 22% 8% 17% Pension to employees depending 2% 1% 2% Unemployment Fund on individual agreements 12% 2% 5% Medical Coverage reached with employers 0% 0.5% 0% 0.5% Workplace Insurance • For non-Shanghai 0.5% 0% 0.5% Maternity Leave Residents: RMB 216.90 per 7% 7% 7% 7% Public Housing Fund month 44% 18% 32% 7% Total Maximum base 8,676 RMB (~3,800) Minimum base 1,735 RMB (~760)
  • 18. Labor Compliance - Tax Rate • Full tax amount deducted from Quick Taxable Amount Tax Rate employee’s salary Deduction Less than 500 5% 0 • Employer submits the amount to tax 501 – 2,000 10% 25 bureau 2,001 – 5000 15% 125 • For Local Employees 5,001 – 20,000 20% 375 IIT = [Gross Salary – Social Benefits – 2,000 20,001 – 40,000 25% 1,375 RMB] x Tax Rate – Quick Deduction 40,001 – 60,000 30% 3,375 • For Foreigners liable to tax contributions 60,001 – 80,000 35% 6,375 IIT = [Gross Salary – Allowances – 4,800 80,001 – 100,000 40% 10,375 RMB] x Tax Rate – Quick Deduction Over 100,000 45% 15,375 Tax rate for Foreign and Chinese employees identical nationwide
  • 19. Labor Compliance - Example Employer’s and Employee’s Share of Social Benefits and ITT Components Example 4,310 Employer's Total Expense Add 1,310 Employer’s Share of Social =44% Benefits Gross Salary 3,000 Employee’s Soc. Benefits Subtract 540 =18% Employee’s Taxes Subtract 23 Net Salary 2,437 Net Salary 0
  • 20. The Expat – Work Permit & Residence Visa • Qualifications: Established Entity within China Two- year Degree Two-years working experience Reasonably Good Health • Work Permit Process (Shanghai) Apply for Z Visa abroad • (Chief Rep., Legal Rep may apply in China) Health Examination in Shanghai Apply for the Work Permit (1-2 years) Finally the Residence Permit (1-2 years, multi-entry)
  • 21. The Expat – Tax Liability New Zealand has a Double Taxation Treaty with China
  • 22. A few last points… • China is not a mystical land of dragons and forbidden cities The Chinese have the same desires and needs as all of us It is possible to understand China and the Chinese, but… • There is no such thing as the “China Expert” The more that you know about China the more questions you will have Even the Chinese cannot grasp, in its entirety, the socioeconomic changes that are occurring within their own country • Foreign Invested Enterprises should not behave like locally owned companies Foreign firms are scrutinized more closely and held to stricter standards Train your staff to understand the difference