If an employer pays social insurance for a worker, does that automatically mean an employment relationship has been established in China? The answer is no. Even if an employer pays social insurance for a worker, it does not necessarily mean an employment relationship has been formed. According to China’s labor laws, judges determine whether an employment relationship exists based on three criteria. The first is personal dependency—whether the employer exercises daily supervision and management over the worker. The second is economic dependency—whether the worker receives regular wage from the employer and whether the fruits of the worker’s labor belong to the employer. The third is non-substitutability—whether the worker personally performs the job at the employer’s premises, rather than having someone else do it on the worker’s behalf. Labor arbitration or employment dispute cases are often small in amount but highly complex. China Labor law is quite intricate, and without the assistance of a lawyer, it is difficult to obtain a favorable judgment. I am Lyu Qiang, a licensed China lawyer. If you have any China legal questions, feel free to contact me. If you like my videos, please like, subscribe, share, or save them.
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