Chinese agency workers will be entitled to equal employment rights from July

Changes to Chinese employment law will limit the use of agency workers by companies, as well as guaranteeing those workers the same rights as those hired directly.08 Jan 2013

An amendment to the Labor Contract Law (Chinese) will limit the use of ‘labor contracting agents’ by companies to “temporary, supplementary or back-up jobs”. The change, which has been adopted by the National People’s Congress Standing Committee, is due to take effect on 1 July 2013 according to national press agency Xinhua.

The Labor Contract Law is one of China’s main sources of employment legislation. It came into force in 2008 and is administered by the Ministry of Human Resources and Social Security. Among other provisions, the law requires employers to pay employees’ health insurance and social security contributions, and includes protection for employees on probation and working overtime.

According to Xinhua, the amendment was proposed in June to prevent employers hiring long-term workers through agencies. According to Ministry figures, China had 37 million agency workers in 2011.In practice, companies can pay these workers much less than those recruited directly as they are categorised as ‘dispatched employees’.

The amendment reiterates a right for agency workers, or “dispatched workers”, to receive “equal pay for the same work” carried out by a company’s “formal employees”. Employers must “adopt the same remuneration distribution measures of its formal employees at the same position for such dispatched worker”.

Employers will also be required to hire the majority of their workforce directly, rather than via contractors, and to strictly control the number of ‘leased workers’ they hire. The amendment also clarifies those roles that can be filled by agency workers. ‘Temporary’ jobs are those lasting no longer than six months, while ‘back-up’ jobs are those that can be taken over while permanent workers are on maternity, study or holiday leave.

The amendment also creates new administrative rules for labor contracting agencies. The minimum amount of registered capital that an agency must hold has been increased to 2 million yuan, while agencies will also be required to obtain administrative approval before they can begin arranging employment contracts.

At a press conference to introduce the changes Kan He, vice chair of the committee’s legislative affairs commission, told Reuters that the changes were intended to “prevent abuse”.

“The regulations control the total numbers and the proportion of workers that can be contracted through agencies and companies cannot expand either number or proportion at whim,” he said. “The majority of workers at a company should be under regular labor contracts.”

Central Economic Working Conference aims at guaranteeing people’s livelihood

The Central Economic Working Conference (CEWC) proposes the government enhance people’s livelihood and improve the standard of living. The goal is to be addressed under the guidelines of “keeping the bottom line, highlighting the key points, improving the mechanism and positively guiding the public opinion”.

The CEWC highlighted guaranteeing the basic life of low-income people. The government pledges to finance students born in poor families. Attention will be paid to stabilizing and expanding employment. The government will also strive to create more job opportunities for college students.

The government plans to shore up the development of small businesses and push large enterprises to recommit to corporate social responsibilities. The social insurance systems in both rural and urban areas will be enhanced. China will continue to intensify the construction and management of affordable housing and accelerate the transformation of shantytowns.

The Chinese government vows to lead people to setting in mind that to improve the living standard or become well-off is through hard work.

“To guarantee people’s livelihood requires the government to not only make every effort, but also have a clear evaluation of its own capability. To ‘keep the bottom line and highlight key points’ is very important,” commented Zhang Li Qun, researcher of macro-economic department in Development Research Center of the State Council.

Zhang said that one of the key points of the government’s work is to provide basic public services, and the bottom line is to guarantee the basic livelihood of people. The low-income group is problematic in society, and they especially need the help from the government. Furthermore, with the slowdown of economic growth and the promotion of economic restructuring, some people’s employment and income is expected to be affected. Therefore, the corresponding guarantees should be prepared earlier.

Zhang came up with one conclusion: that to improve people’s livelihood, on one hand the government should expand economic input, and on the other hand people should create wealth through hard work. Neither of the two should be neglected.

Internet Recruitment Slows In China, 51job.com Posts 5% Annual Revenue Decline

Showing that Chinese businesses were slow to hire new employees in 2009, Chinese online recruitment company 51job Inc. just revealed its unaudited financial results for the fourth quarter of 2009 and for the fiscal year ended December 31, 2009, and stated that revenues fell 5% from 2008.

While total revenues at 51job.com for the last quarter increased 15.2% over the fourth quarter of 2008 to CNY226.0 million, total revenues for the entire fiscal year 2009 decreased 5.0% from 2008 to CNY817.1 million.

Rick Yan, president and CEO of 51job Inc. stated: “In light of the challenges we faced and overcame in 2009, we were especially pleased to end the year on a high note by achieving record profit in the fourth quarter. We have observed a strengthening trend in market conditions and believe our online business in particular has carried solid momentum into 2010. In addition, with the opening of our new call center in Wuhan, this business is well positioned to not only extend our geographic reach and addressable employer base, but also streamline our service network for greater efficiency and margin expansion. We believe the year is off to a robust start for 51job.”

Net income for the fourth quarter of 2009 increased to CNY46.4 million from CNY6.8 million for the same quarter in 2008. Fully diluted earnings per common share for the fourth quarter of 2009 were CNY0.84 compared with CNY0.12 for the same quarter in 2008. Fully diluted earnings per ADS for the fourth quarter of 2009 were CNY1.67 compared with CNY0.24 in the fourth quarter of 2008. Net income for 2009 increased 46.9% to CNY112.5 million from CNY76.6 million in 2008. Fully diluted earnings per common share for 2009 increased to CNY2.02 from CNY1.35 in 2008. Fully diluted earnings per ADS for 2009 were CNY4.03 compared with CNY2.70 in 2008.

Print advertising revenues for the fourth quarter of 2009 increased 8.2% to CNY64.6 million compared with CNY59.7 million for the same quarter in 2008. The increase was primarily due to higher average revenue per page, which was partially offset by a lower volume of print advertising pages in 51job Weekly resulting from a decline in market demand. Although print advertising prices in each city remained relatively unchanged, overall average revenue per page increased 39.8% over the fourth quarter of 2008 due to an increase in page volume contribution from cities where print advertising prices are generally higher as compared to the same quarter of the prior year. The estimated number of print advertising pages generated in the fourth quarter of 2009 decreased 22.6% to 2,672 compared with 3,452 pages in the same quarter in 2008.

The estimated number of print advertising pages generated in fiscal year 2009 decreased 29.4% to 11,661 compared with 16,512 estimated pages in 2008. Unique employers using the company’s online recruitment services grew 39.9% to 143,451 in 2009 from 102,562 in 2008. Employers who purchase online services multiple times or in multiple quarters throughout the fiscal year are counted as one unique employer for the annual total.

Online recruitment services revenues for the fourth quarter of 2009 were CNY97.3 million, representing a 33.7% increase from CNY72.7 million for the same quarter of the prior year. Other human resource related revenues for the fourth quarter of 2009 increased 0.5% to CNY64.1 million from CNY63.8 million in the same quarter of 2008.

China Career Builder Corp. Announces Signed Letter of Intent to Acquire Issac Search Ltd

China Career Builder Corp., (“The Company or CCB”) (PINK SHEETS: CCBX) a Delaware Corporation, is focused on outsourcing human resource services and staffing services in Hong Kong, China. Today, the company is pleased to announce has signed a Letter of Intent to acquires 49 percents of Issac Search Ltd of Hong Kong. This acquisition is consistent with the company’s Strategic Business Plan, designed to build enterprise value through organic growth and select acquisition opportunities. The company is expected to complete satisfactory due diligence in the next Three (3) weeks, and complete the acquisition by the end of Q4, 2009 or early Q1 2010.

“We have been selectively considering strategic alliance or acquisition candidates for some time to achieve CCB’s strategic vision. We are confident this acquisition with Issac Search Ltd enhances that vision and provides the elements required to expedite our business model,” added CCB’s President, Mona Yim.

ABOUT THE COMPANY

China Career Builder Corp. (The Company) through its subsidiary Asian Career Company Ltd. provides outsourcing human resource services and staffing services in Hong Kong, China. The company provides recruitment services focusing on the professional, management, clerical, administrative, IT and industrial market. Its services include screening, recruiting, training, workforce deployment, loss prevention and safety training, pre-employment testing and assessment, background searches, compensation program design, customized personnel management reports, job profiling, description, application, turnover tracking and analysis, opinion surveys and follow-up analysis, exit interviews and follow-up analysis, and management development skills workshops. The company markets its recruitment services through a combination of direct sales, telemarketing, trade shows, and advertising. The company incorporated in Delaware, headquartered in Hong Kong, China.

For further information please refer to the Company’s website at www.ChinaCareerBuilder.com

If you would like to receive regular updates on China Career Builder Corp. please send your email request to info@ChinaCareerBuilder.com or contact the company’s Investor and Public relations at ir@ChinaCareerBuilder.com .

Beijing seeks to attract talented overseas Chinese

Beijing is working to entice some of the talented Chinese people working overseas to return home.

The municipal government has established a program to assist overseas Chinese who are under 55 years of age, have obtained a PhD overseas, and can work in Beijing for more than six months a year.

Professors in famous overseas universities and research institutions and those who are employed as senior managers in well-known multi-national companies are the key targets of the program.

Beijing’s goal for 2009 is to attract between 30 and 50 of these types of people back from overseas.

TSMC plans to hire up to 300 engineers

Taiwan Semiconductor Manufacturing Corp (TSMC, ???), the world’s biggest contract chipmaker, plans to hire up to 300 engineers after forecasting more than 80 percent growth in shipments this quarter, said recruiting agency 104 Corp (???), which is helping with the headhunt.

The recruitment drive is part of TSMC’s long-term investment in technological research and development, ensuring that it will be among the earliest companies to benefit once the economy recovers, 104 spokesman Max Fang (???) said.

“It is good timing for local employers to launch large-scale recruitment drives because the nation’s tough job market means a bigger selection,” Fang said. “We believe TSMC is just the beginning and there will be more recruitment programs by local companies later this year because hiring is usually closely linked to an economy improving, as it is now.”

An average of 10 candidates apply for each job offered by high-tech firms today, Fang said, as electronics firms hit by the recession remain cautious about hiring.

The Hsinchu-based chipmaker intends to hire between 200 and 300 design, processing technology and research engineers initially, potentially adding more positions later, Fang said.

As of the end of February, TSMC had about 22,000 employees globally, down 3.8 percent from about 22,800 at the end of last year, the company’s annual report said.

Meanwhile, competitor United Microelectronics Corp (UMC, ??) said it had no plans for significant additions to its payroll because prospects for the second half of the year were still unclear.

However, a UMC official said that the company expected strong growth in shipments in the second quarter.

UMC launched a major restructuring in the second half of last year, tweaking its organizational structure and streamlining its workforce to cut costs and improve profitability.

Separately, a survey conducted by 104 suggested an improvement in the domestic job market.

Job openings have increased 13 percent to 203,000 — the highest figure since last October — since the beginning of the year, when 180,000 jobs were on offer.

However, the number of job openings is half the number of current job seekers, meaning that the unemployment rate may not see an improvement in the short term.

The jobless rate hit a new high of 5.81 percent in March, with 670,000 adults unemployed, government figures showed.
This story has been viewed 581 times.

L’Oreal still hiring fresh graduates amid tough times

L’OREAL is still recruiting fresh graduates here amid the tough economic environment, as it opts to cut costs by improving efficiency instead of scrapping jobs.

‘Clearly we have to look at cost cutting but we’re not looking at cutting heads,’ said L’Oreal’s executive vice-president for human resources Geoff Skingsley.

‘We are not stopping recruiting of graduates. We have a steady long-term approach to recruitment.’

L’Oreal has a long-standing relationship with the National University of Singapore, he said.

However, the international cosmetics group is scaling back on recruiting more experienced staff.

Other ways in which it is containing costs include cutting travel budgets.

Despite the downturn, Asia remains a bright spot for the group.

‘It’s a high-growth region,’ said Mr Skingsley.

‘It’s clear from a population point of view, from retail sophistication, demographic trends – all of these things here work in the favour of the beauty industry.’

Markets such as China and Thailand deliver steady growth, while newer markets such as Vietnam offer lots of potential.

In FY 2008, L’Oreal’s Asian sales jumped 16.3 per cent year on year to 1.84 billion euros (S$3.59 billion). It reported consolidated sales of 17.542 billion euros for the year.

Based on the group’s strong brands and innovative efforts, Mr Skingsley is upbeat about L’Oreal’s ability to weather the economic storm.

‘Our industry is one that retains relevance even when times are tough,’ he said. A portfolio of 26 brands means a weaker performance by some is offset by a stronger showing by others.

L’Oreal remains committed to nurturing local talent. ‘We take pride in giving international opportunities to people so they can gain exposure in other markets and bring that exposure back to their own markets,’ Mr Skingsley said.

For instance, L’Oreal Singapore’s new managing director Chris Neo is a Singaporean who has been with the company for 14 years.

L’Oreal employs 63,000 people worldwide, including 350 in Singapore.

Survey: 23% of China firms to freeze executives’ salaries

A report by the human resources consulting firm Mercer shows that 23 percent of companies surveyed in China said their senior executives’ compensation in 2009 wouldn’t increase as usual, showing the effects of the global financial slowdown.

The survey involved 59 companies in China, 76 percent of which were listed companies and 39 percent of which were multinationals. Mercer conducted similar surveys in other Asian countries, including India, South Korea, Japan and Singapore.

“In Asia, one third of companies surveyed said their senior executives’ salaries wouldn’t increase in 2009. The proportion in China is a little smaller than the average, reflecting China experiencing less impact of the financial crisis than other Asian countries,” said Zheng Wei, managing director for Asia executive remuneration business with Mercer.

“Considering the deferred impact on China’s market, we predicted that more companies in China will take similar measures to limit the senior executives’ salaries in 2009,” Zheng added.

McDonald’s to open 175 outlets in China, hiring more than 10,000

BEIJING (Xinhua) — McDonald’s China announced on Wednesday an expansion plan to set up 175 new outlets and create more than 10,000 jobs this year on the Chinese Mainland despite global economic downturn.

The expansion was the largest of its kind ever made by McDonald’s across the world.

“The move will bring more opportunities for cooperation to food-related industries in China,” said McDonald’s China CEO Jeffrey Schwartz.

The US-based food chain store group has 50 suppliers in China, with more than 95 percent of its food materials coming from local market.

On the same day, the group announced its decision to launch a 16.5 yuan (about $2.4) discount meal in its Chinese outlets.

“The price is even lower than that of a similar product in this market a decade ago,” said Schwartz.

He added the company’s management of material supply and its increasing presence in China helped cost control and made the big discount possible.

McDonald’s has opened more than 1,050 outlets in China in the past two decades.

Workers abroad must be ‘better protected’

The government should take steps to better protect Chinese workers abroad, especially because their number could increase to more than 1 million in the next few years, experts said yesterday.

The experts were responding to reports that 23 Chinese working on a construction site in Saudi Arabia had been deported for protesting against poor pay. They were among the 200 Chinese workers who went on strike to demand better pay.

Many Chinese working overseas have had to weather problems such as kidnappings, attacks, frauds and economic disputes.

About 794,000 Chinese workers were hired to work overseas at end of November 2008 -51,000 more than the previous year – according to Ministry of Commerce figures.

But Lu Jinyong, professor of overseas investment at the University of International Business and Economics, said the actual figure could be much higher.

“The official figure comprises workers who have registered with the government before going abroad. It doesn’t include workers who have left without registration,” he said.

So “it’s quite likely that the actual figure has crossed 1 million”. And that number will continue to rise sharply, thanks to globalization, he said.

Across the world, about 30 million workers earn their livelihood away from their countries or regions. Bangladesh contributes about 2 million and the Philippines more than 1 million to that number. “Compared with them, the number of Chinese workers has a huge potential to grow,” Lu said. And so will be dangers facing them.

The government shouldn’t try to deal with the problem by tightening measures to curb labor export. “Instead, it should try to analyze Chinese workers’ experiences and take steps to better protect them,” he said.

The government has promulgated a special law on labor export, and the ministries of foreign affairs and commerce deal jointly with overseas incidents.

“Chinese embassies have done a very good job,” he said, but local authorities should inform workers about the laws of the land they are headed to and how to put across their demands in the best possible way.

Xiao Lian, senior world economy scholar with the Chinese Academy of Social Sciences, said he saw workers from home “trapped” by their Chinese agencies when he was in Africa recently to attend a meeting. Such agencies are actually “human traffickers”.

“Some local governments have granted permission to unscrupulous agents to handle labor export. So it’s hard to tell who should shoulder the responsibility in case a dispute arises.”

“This is a problem that needs to be solved urgently. The Saudi Arabian case once again proves it,” he said.

Xiao suggested Chinese working overseas seek the help of the law to settle any dispute.