1. Test the actual schedule against both time limits
Article 68 of the PRC Labor Contract Law defines this form of employment as mainly remunerated by the hour, with work for the same employer generally averaging no more than 4 hours per day and totalling no more than 24 hours per week. The daily and weekly conditions must be considered together. A weekly total below 24 hours is not, on its own, a sufficient classification test. Nor does working fewer hours than a standard full-time employee automatically meet Article 68.
Compare the proposed roster with attendance, actual assignments, mandatory meetings and instructions from overseas managers. Review all work for the same employing entity, including additional shifts arranged by another department. Keep a reliable method for recording hours and approving changes. If work has regularly expanded beyond the planned arrangement, stop treating the contract label as the answer and obtain a local classification review; do not rewrite historical time records to fit the label.
2. Record the agreement and remove probation clauses
Article 69 permits an oral agreement for genuine non-full-time employment. For an international employer, a short written record is still useful: identify the China employing entity, duties, location, expected schedule, hourly rate, payment dates and contact person. Keep the employee’s acknowledgement and align any English version with the Chinese terms. The permission to agree orally does not remove the need to prove what was agreed and what actually happened.
Article 70 prohibits a probation period in this category. Remove a standard three-month probation clause rather than copying it from the full-time template. Article 69 also permits contracts with one or more employers, but a later contract must not interfere with performance of an earlier one. Ask about relevant schedule conflicts and commitments; do not assume that an existing job makes every additional engagement legally non-full-time. Contractor services, agency dispatch and this form of direct employment require separate classification checks.
3. Configure hourly pay and a payment cycle no longer than 15 days
Under Article 72, the hourly remuneration standard must meet at least the minimum hourly wage prescribed by the government where the employer is located. Verify the applicable locality, effective date and treatment of particular pay components before setting the rate. Do not simply divide a monthly minimum wage by assumed working hours: the published hourly minimum is a separate standard. This guide deliberately gives no nationwide cash figure because local standards and effective dates differ.
The same article limits the wage settlement and payment cycle to no more than 15 days. A monthly payment run does not satisfy that limit merely because payroll calculates hours every week. Give HR and finance an actual payment calendar, with approval and bank-processing cut-offs that allow payment within the required cycle. A weekly cycle can be easier to administer; if using two payments each month, check the real intervals rather than assuming that “twice monthly” always means no more than 15 days. Retain the time calculation, payslip and transfer evidence.
4. Check insurance before relying on flexible termination
Non-full-time employment does not mean that the employer has no insurance responsibilities. Paragraph 12 of the Opinions on Several Issues concerning Non-full-time Employment, Lao She Bu Fa [2003] No. 12, requires employers to pay work-injury insurance contributions for non-full-time employees with whom they establish an employment relationship, in accordance with national rules. Check local enrolment procedures and the employee’s actual coverage before work begins. Pension and medical insurance arrangements need their own local review; do not replace that review with a blanket waiver or a promise that an hourly rate covers everything.
For employment that genuinely falls within this category, Article 71 allows either party to notify the other at any time that the engagement is ending and provides that the employer does not pay statutory economic compensation for that termination. This does not cancel outstanding wages or other independently arising liabilities. Record the notice, effective end and final payment. If the hours or actual relationship are disputed, assess classification before relying on this rule; a mistaken label does not safely remove the termination protections applicable to another type of employment.
5. Review one complete operating file before implementation
For a new role, review the contract, a realistic weekly roster, hourly-rate source, payment calendar and insurance plan together. For an existing arrangement, add actual attendance, bank payments, manager instructions, amendments and any complaint or proposed exit notice. A template can look compliant while monthly bank transfers or repeated extra shifts tell a different story. Corrections should address the real schedule, payroll and documentation prospectively, while separately assessing any past exposure; a new signature does not erase earlier facts.
An initial enquiry can identify the China employing entity and city, typical daily and weekly hours, actual pay interval and the decision or deadline requiring advice. The firm can then review whether the proposed arrangement fits non-full-time employment, what must change and how to handle any existing dispute. Send a non-confidential outline first rather than complete employee records. Consultations are available in Chinese and English.
Legal sources
Official sources · Checked 2026-10-16. Translations are for reference and are not official legal texts.
- PRC Labor Contract Law (2012 amendment) ↗
Articles 68–72: hours, oral agreements, concurrent employment, no probation, termination and pay.
- Opinions on Several Issues concerning Non-full-time Employment, Lao She Bu Fa [2003] No. 12 ↗
Paragraph 12: work-injury insurance. Earlier hours, contract and pay-cycle provisions must be read subject to the later Labor Contract Law; this guide uses its Articles 68–72.
General information about mainland China. The facts, applicable dates and local rules require individual review.
Partner, Beijing ChangAn Law Firm
China-qualified since 2019 · Beijing & Shenzhen
Review a China part-time employment arrangement
Check the schedule, hourly rate, payment calendar and insurance records before hiring or ending the engagement.
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