Recruiting in China

The Judge Group and the Shanghai Information Service Outsourcing Development Center, an affiliate branch of the Shanghai municipal government, have co-launched the U.S.-China IT Services Exchange Program 2013 to help U.S. and Chinese businesses exchange supply and demand information and promote partnership in both markets.

U.S. and Chinese companies seeking to conduct business in both countries and with demonstrated interest in overseas IT and Business Process Outsourcing will have the opportunity to build mutually beneficial relationships.

Judge and the iISO will host events for participating companies to explore potential partnerships. Events will be held in Shanghai in April, June and October and in select U.S. cities in November. Judge will select the participating U.S. companies and facilitate the U.S.-based events. The iISO will reimburse participating companies for their travel expenses and facilitate travel and accommodations in China.

"Judge has been conducting business in China since 2008, and we have been very successful in building a relationship with the Shanghai government," said Martin E. Judge, Jr., CEO and founder of The Judge Group. "We are very proud to have been selected to be their exclusive partner for this program. It's truly a privilege for us to have the opportunity to help other companies establish partnerships abroad."

For more information about participating in the U.S.-China Services Exchange Program, contact Eric Qiu at (+1) 571-230-2911 (U.S.), (+86) 135-0178-2375 (China), or eqiu@judge.com.

About Shanghai and the Yangtze Delta Metropolitan Area:

Shanghai, a megacity of 20 million, is located at the tip of the Yangtze River Delta Metropolitan Area in eastern China. It is one of the most modern and business-friendly Chinese cities to U.S. investors and has been home to over 3,500 U.S.-invested businesses. Yangtze River Delta Metropolitan Area, with a total population of 150 million living in Shanghai and a cluster of tier-2 and tier-3 cities about an hour away, is one of the most prosperous regions in China.

About The Judge Group:

The Judge Group, established in 1970, is a global leader in professional services that provides technology consulting, staffing solutions, corporate training and human capital management. Our solutions are delivered through an annual workforce of 4,500 professionals and a network of locations across the United States, Canada and Asia. If you would like to learn more about The Judge Group, visit www.judge.com or call toll free (800) 650-0035.

The Judge Group was recently ranked the 17th Largest Information Technology Staffing Firm in the U.S. by Staffing Industry Analysts.

The Judge Group logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=14430

A US employee is said to have outsourced his job to China.

A security check on a company revealed that a member of staff had been paying a fifth of his six-figure salary to a firm in Shenyang to do his job for him, reports BBC News.

The software developer spent his work day surfing the web, YouTube and eBay.

Andrew Valentine of operator Verizon said that the scam came to light when the US company asked Verizon for an audit after a suspected security breach and asked the risk team to investigate some irregular activity on its VPN logs.

An active VPN connection was found from Shenyang to the employee's computer and Verizon was called to look into what was thought to be malware used to share confidential information with China.

The employee's computer contained hundreds of invoices from the Shenyang contractor, it has been reported.

Valentine said: "Authentication was no problem. He physically FedExed his RSA token to China so that the third-party contractor could log-in under his credentials during the workday.

"Evidence even suggested he had the same scam going across multiple companies in the area.

"It looked like he earned several hundred thousand dollars a year, and only had to pay the Chinese consulting firm about $50,000 annually."

China tops any other Asia-Pacific market in its number of companies that plan to hire more employees, a report says.

Nearly 56 percent of organizations interviewed for a report by the global human resources company Hudson, said they plan to increase the number of permanent staff in the first quarter of 2013.

The enthusiasm to hire comes amid the recovery in the growth of the Chinese economy and an increasing number of multinationals moving their regional headquarters to China, said Lily Bi, general manager of Hudson Shanghai.

The salaries offered to talented workers will also increase, Bi said.

"International giants and local companies are attaching more importance to research and development work. Therefore, talented professionals have plenty of opportunities, especially in the pharmaceutical and automotive industries," said Bi, stressing that higher salaries offered to sought-after workers is another trend taking shape in the Chinese job market.

Multinational companies moving their headquarters to China, Shanghai especially, have also helped to create more jobs.

According to statistics provided by the Shanghai Municipal Commission of Commerce, as of September 2012, around 60 multinational companies had Asia-Pacific or Asian headquarters in Shanghai.

The pharmaceutical and biologics company AstraZeneca moved its Asia-Pacific headquarters from Singapore to Shanghai in June. McDonald's and Ikea have also moved their Asia-Pacific headquarters to Shanghai.

Although its economic growth slowed in 2012, China is still the second-largest economy in the world. The central government forecast that the country's GDP will grow by 7.5 percent in 2013 and its unemployment rate will remain stable at around 4 percent.

China is now the world's fastest-growing automobile market and skilled professionals are needed to sustain expansion, particularly in smaller cities. Salary packages are becoming more streamlined and bonuses are down, but candidates are ambitious and looking for increments of up to 25 to 30 percent to switch roles, the report said.

Guo Yating, 32, with three years of experience as an automotive research and development engineer, moved to AVL, an Austrian-based automotive consulting firm, in December with a 50 percent salary increase and a 10-day extension of annual leave to 15 days.

"Frankly speaking, the chances were far scarcer in 2011 and 2012 when the economy, especially the manufacturing industry, was pretty lousy. It was quite difficult for fresh graduates to get a job. But on the contrary, R&D engineers with experience have been receiving more enquires from headhunters in the previous two years," Guo said.

Bi from Hudson said salary increases will also be offered to people working in newly opened positions, even though they are in older sectors such as the advertising industry.

"Employees with expertise in digital and new media, e-commerce and social media may receive increments of up to 20 percent," she said.

Li Daifei, 28, a project manager at a Shanghai-based advertisement agency, was offered her current job at the end of 2012, which saw her salary rise by 40 percent. Her experience with digital media helped her make the switch.

From 1 July 2013, the use of labour dispatch services will likely be a less attractive means of maintaining a more flexible workforce. Companies taking dispatched employees will need to comply with an “equal pay for equal work” principle, and the range of positions for which they can engage dispatched workers will be limited. The registered capital requirement for labour dispatch service providers will also be increased four-fold. Forward planning for both labour dispatch services providers and companies that use dispatched employees is recommended.

Changes to China’s labour dispatch rules were enacted on 28 December 2012 by way of amendments to China’s Labour Contract Law. The amendments will be effective from 1 July 2013. For comment on the draft amendments that were circulated for public comment in mid-2012, please see our July 2012 e-bulletin.

Background

Labour dispatch practices involve a business choosing to outsource workers from third-party dispatch agencies rather than directly employing the workers. This can result in cost-savings and make it easier to terminate the relationship with the worker.

New provisions

The Labour Contract Law amendments introduce a number of changes, some of which are consistent with those in the draft amendment circulated in mid-2012. The first four changes listed below were not in the mid-2012 draft, while the remainder of the changes noted below are substantially the same as those in the mid-2012 draft:

• The registered capital of a labour dispatch company must be at least RMB2,000,000. This represents a four-fold increase from the current requirement of RMB500,000. Companies currently providing such services will need to increase their registered capital in order to provide further labour dispatch services.

• A labour dispatch company must have permanent business premises and facilities that are suitable for the conduct of their business. While it is unclear exactly what this will mean in practice, any existing dispatch service provider would be wise to carefully review the new requirements before renewing their leases.

• Employment by labour dispatch is only a supplemental form of employment for Chinese enterprises, with directemployment by labour contract being the basic form of employment. Identifying labour dispatch as supplementary is aimed at preventing the overuse of labour dispatch.

• The number of dispatched employees engaged by an employer may not exceed a certain percentage of its total number of employees. The exact percentage, however, is yet to be stipulated by the labour administrative authority under the State Council.

• To engage in labour dispatch, a labour dispatch company must obtain a permit from the relevant labour bureau. Labour dispatch permits had been explicitly required prior to 2008. However, when the PRC Labour Contract Law came into effect in 2008 it did not include a permit requirement. Under the new rules, a labour dispatch company established before 1 July 2013 will clearly be required to obtain a labour dispatch permit by 1 July 2014 in order to take up new labour dispatch business. Such labour dispatch companies will need to ensure that their registered capital and business premises comply with the new requirements.

• Workers can be dispatched only for “temporary, auxiliary or substitute positions”. Temporary positions cannot be for longer than six months; auxiliary positions are those that support the main business line; and substitute positions are for covering employees on vacations or study leave. The current rules, by contrast, are generally taken to permit long-term dispatch relationships in a wide variety of positions. This amendment emphasizes the supplemental nature of labour dispatch and is aimed at preventing labour dispatch from being a substitute for direct employment.

• The amendments require equal pay for equal work; that is, the same remuneration standard should apply to both dispatched employees and directly hired employees. Any existing labour contracts and labour dispatch agreements that are inconsistent with the "equal pay for equal work" requirement will need to be amended.

• Employers and dispatch agencies violating the law may be fined between RMB5,000 and RMB10,000 per dispatched worker if they fail to correct the violations within the time period specified by the relevant labour bureau.

Under the new rules, employers that have been relying on dispatched workers might be required to directly employ more workers. This would increase payrolls, and make future down-sizing more difficult and more expensive.

In order to keep up with its rivals in China, Hyundai also has plans to establish a new research and development center in the country. According to a report appearing in the International Finance News, the center may be located in the Economic and Technological Development Zone of Shandong's eastern city of Yantai.

Earlier in May, Hyundai Motor Group Vice Chairman Xue Rongxing had announced that the manufacturer will construct a Chinese R&D center. Then, earlier this month, posts looking for talent to work at the 'Hyundai Motor (China) R&D center' begun appearing on several famous employment websites. According to the post, the center's address is in Yantai, Shandong. When contacted by telephone, sources from the company confirmed that the posts were made on behalf by Hyundai.
Meanwhile, representatives from the Yantai Investment and Employment Agency announced that preliminary work on the Hyundai R&D center has begun in the city's Economic and Technological Development Zone. The source added that Hyundai has yet to announce when the center will be officially established.

Hyundai's Chinese offices have yet to comment on any of the above reports.

Hyundai currently possesses five global R&D centers, located in its native South Korea, Germany, the US, India and Japan, respectively. Due to the lack of such a center in China, the Beijing Hyundai joint venture has obtained new vehicles, such as the new ix35 and eight generation Sonata, from Europe and the US. Mr. Xue has stated his desire to see Beijing Hyundai begin exporting vehicles following establishment of the Chinese R&D center.

China's new immigration law, which will take effect on July 1, 2013, will impose stiffer penalties on those found to have violated it, the Philippine Consulate General in Guangzhou warned on Thursday.

In a statement sent by the Department of Foreign Affairs, the Consulate said the new immigration law provides particular attention to the so-called "three illegals" - illegal entry, residence and employment. Each violation is penalized with different and more severe penalty.

"Foreigners found illegally working in China may be subjected to a fine raning from RMB (renmibi) 5,000 to RMB20,000. Possible detention of five to 15 days may also be imposed for serious violations. Income acquired from illegal employment will also be confiscated. Illegal residents will be fined from RMB500 per day up to a maximum amount of RMB10,000, or imprisonment of five to 15 days," the statement said.

Under the new law, employers who hire foreigners without the proper permits and documentations will also be penalized.

The new law also provides fine and penalty of imprisonment to persons or organizations aiding foreigners in committing any activities defined under the so-called "three illegals."

The Consulate urged Filipino nationals affected by the changes in the immigration law to contact the Consulate for advice. The public is also warned about agents misrepresenting themselves as processors of exit visas for overstaying foreigners.