Employing in Cambodia

The Constitution and the 1997 Labor Law collectively govern labor relations, employment contracts, working conditions, and workers’ rights in Cambodia. The Labor Law broadly applies to workers engaged under employment contracts performed within Cambodia, excluding certain public servants and military personnel. It requires employers to provide employment contracts that may be fixed-term (up to two years) or indefinite, with specific provisions for probationary contracts (limited to three months for standard employees) and apprenticeship contracts (not exceeding two years).

Employers with eight or more employees must establish internal regulations approved by labor inspectors, which cannot restrict workers’ legal rights.

Onboarding time

2-5
business days

Minimum Wage

equivalent to USD208
per month

Employer costs

5.4%
of salary

Employee costs

4%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 96 hours. 

Minimum Wage

The monthly minimum wage is equivalent to USD 208.

Employer costs

  • Pension Fund – 2%
  • Occupational Risk Contribution – 0.80%
  • Health Care Contribution – 2.60%

Employee costs

  • Pension contribution: 2%
  • Payroll contribution: 2%

Payroll

The payroll process in Cambodia typically follows a monthly cycle, with salary payments made on the last working day of each month. Employers gather employee documentation, register the business with authorities, establish workplace policies, track attendance, and prepare statutory contributions such as social security.

Payroll cycle

Employers must pay salaries at least once a month, usually on the last working day of the month. For laborers, payments must be made at least every 16 days to comply with local labor regulations.

Payroll calculations

The payroll calculation phase involves inputting data to compute gross pay, deductions, overtime, and taxes, ensuring compliance with minimum wage and working hour regulations. 

Compliance requirements

Employers in Cambodia are responsible for specific tax and social security contributions, including a 2.6% health insurance payment and a 0.8% contribution to the National Social Security Fund, capped monthly. Non-resident employees face a flat 20% tax rate.

Additional payments

13th Salary

In Cambodia, there is no statutory requirement for employers to pay a 13th-month salary to employees.

Bonuses

There is no legal requirement that employers provide employee bonuses, but many companies provide them as discretionary or contractual rewards, often linked to performance or company profits.

Commissions

Commissions are often provided as part of compensation packages, especially in sales roles or for services rendered as intermediaries, such as brokers or agents. 

Other allowances

In Cambodia, common allowances, although not mandatory, include healthcare allowances, housing allowances, transportation allowances, and attendance bonuses. 

Taxes

Cambodia does not have a traditional personal income tax system. Instead, it levies a monthly salary tax or contributions on individuals earning employment income. Residents, or those domiciled in Cambodia or present in the country for more than 182 days in a year, are taxed on their worldwide income. Non-residents are subject to a flat 20% tax on income sourced within Cambodia. 

Employers are responsible for withholding and remitting this tax or contribution each month, and employees are not required to file personal income tax returns.

Employee Income Tax

The tax rates for residents are progressive, starting at 0% for monthly salaries up to 1.5 million KHR (approximately US$361) and increasing through several brackets to 20% for salaries exceeding 12.5 million KHR (around US$3,739). Fringe benefits are also taxed at a flat rate of 20%. 

Income Tax

The income tax rates are as follows:

  • 0% – From 0 to 1.500.000 KHR 
  • 10% – From 1.500.000 KHR to 2.000.000 KHR (capped at 75.000 KHR)
  • 15% – From 2.000.000 KHR to 8.500.000 KHR (capped at 175.000 KHR)
  • 20% – From 8.500.000 KHR to 12.500.000 KHR (capped at 600.000 KHR)
  • 25% – Over 12.500.000 KHR (capped at 1.225.000 KHR)

Employment eligibility

Foreign nationals seeking employment in Cambodia must obtain a valid E-class visa (commonly the EB visa for employees) along with a work permit and an employment card issued by the Ministry of Labor and Vocational Training (MLVT). Employers act as sponsors and are responsible for compliance with immigration and labor regulations, with government inspections conducted periodically. 

The application process involves submitting company registration documents, quota approval, and employee documents such as passport, visa, health certificate, and employment contract.

Visa

Employers are required to first obtain approval from the MLVT by demonstrating that no qualified Cambodian candidate is available for the position. Employment of foreigners is subject to a quota limiting foreign workers to 10% of the total workforce, divided into 3% for office staff, 6% for skilled labor, and 1% for unskilled labor. To employ foreigners beyond this quota, companies must seek special authorization from the MLVT.

Visa types

Cambodia offers several types of work visas and permits for foreign nationals seeking employment in the country. Here are some of the main types.

Types of Work Visas:

  • EB visa –  applies to those employed, starting a business, freelancing, or staying in the country for over one month. It also covers spouses and children of EB visa holders.
  • EP visa – issued to foreign nationals who have entered Cambodia on an E-class visa and are seeking employment or planning to start a business after their initial 30-day stay. This visa allows a stay extension of up to three months, during which the holder must secure a job; otherwise, they must leave the country.
  • EG visa – issued to foreigners looking for work in Cambodia with durations of one, three, or six months without specific employment conditions.
  • ET visa – a technical visa extension for those employed in specific trades or industries, intended for skilled technicians and workers in designated sectors.

Compliance documents

To sponsor employees for Cambodia work visas and permits, companies must submit the following documents/ information:

  • Certificate of incorporation bearing the company stamp
  • Registered business address
  • Tax patent with company stamp
  • A list of all international and local employees to verify the ratio does not fall below 9:1
  • Approval from the Ministry of Commerce (MOC)
  • The company’s articles of incorporation

Employees must provide the following details/ documents:

  • Full name, gender, date of birth, and height
  • Copies of their ID cards and passports
  • Copy of their E visa
  • Current residential address
  • Full names of their mother and father
  • Educational background
  • Three recent photographs
  • Health certificate
  • Job position and role within the company
  • The year they first obtained their E visa

Background check

In Cambodia, visa-related background checks consist mainly of verifying criminal records and confirming the applicant’s identity to ensure compliance with legal and security standards. The official Police Clearance Certificate, issued by the Ministry of Justice, is the primary document confirming whether an individual has a criminal record in Cambodia. The aforesaid certificate is commonly required for visa applications, employment, and immigration purposes. Applicants must submit personal information such as their full name, date of birth, any previous names, and proof of residence through a letter from the local commune (Sangkat) office, along with a completed application form and identification documents like a passport bio page. The process mandates the applicant’s consent and adherence to Cambodian data privacy laws.

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Benefits

In Cambodia, mandatory employee benefits are primarily regulated by labor law and encompass several key provisions. These include minimum wage, standard working hours and paid leaves.

Furthermore, the National Social Security Fund (NSSF) requires contributions from both employers and employees, providing basic healthcare coverage as well as pension benefits covering retirement, disability, and survivors’ pensions. Seniority bonuses, typically between $2 and $11 monthly after one year of employment, are also common and generally expected by workers.

Beyond these statutory requirements, many employers offer supplemental benefits such as healthcare allowances or private insurance to supplement NSSF coverage, housing and transportation allowances, attendance and performance bonuses, meal allowances, home office stipends, and extra paid leave such as paternity leave. These benefits are particularly prevalent in competitive sectors like banking, telecommunications, and manufacturing, where employers tailor offerings to meet employee expectations and enhance workforce retention.

Private health insurance

Private health insurance in Cambodia is designed to cover healthcare costs not fully covered by the National Social Security Fund (NSSF).

Team APAC providers

We offers multiple health insurance options, allowing customers to choose between International Health Insurance, providing worldwide coverage on a pay-and-claim basis, or a Local Health Insurance, which offers a cashless access to treatment within the provider’s network. We offer the flexibility to cover either the employee only (single option) or the employee and their dependents (family option), tailored to meet the specific needs of your team.

  • SafetyWing
  • Allianz

Mandatory benefits

Cambodian labor law mandates several key employee benefits, including paid annual leave, public holidays, maternity leave, and paid sick leave 

Both employers and employees must contribute to the NSSF, which covers occupational risks, healthcare, and pensions, ensuring comprehensive statutory protections for workers in Cambodia.

Mandatory benefits in Cambodia

Statutory employee benefits mandated by Cambodian law are:

  • Paid Annual Leave
  • Public Holidays
  • Maternity Leave
  • Paternity Leave
  • Sick Leave
  • Minimum Wage
  • Seniority Indemnity – Upon termination, employees receive seniority indemnity calculated based on their length of service, replacing the former severance pay system.
  • National Social Security Fund (NSSF) Contributions

Working hours

By law, normal working time may not exceed eight hours per day and 48 hours per week.

Working hours per day

The standard workday is 8 hours.

Working hours per week

The standard workweek is 48 hours.

Overtime pay

Overtime pay ranges from 150% to 200% of the regular wage depending on timing and conditions.

Leave

In Cambodia, employee leave entitlements are regulated by labor law. These are the paid annual leaves and public holidays. Other leave categories include sick leave, maternity leave, parental leave, and special leave for family-related events.

Annual leave

Cambodian employees accrue 1.5 days of paid vacation for each month of employment with a company, up to a maximum of 18 days per year. Additionally, for every three years of continuous service, they receive an extra day of leave per year.

Sick leave

Employees can take paid sick leave up to six days per month for a maximum of six months, contingent on a medical certificate. Payment during sick leave may involve contributions from both the employer and the NSSF.

Parental leave

Currently, there is no law requiring employers to provide parental leave.

Maternity leave

Female employees qualify for 90 days of maternity leave paid at 50% of their normal salary. Under the National Social Security Fund (NSSF), a portion of this salary is reimbursed if eligibility requirements are met.

Paternity leave

While not universally required by labor law, some employers or collective agreements provide one day of paid paternity leave. Male employees may also use annual leave for paternity purposes.

Long service leave

Cambodia does not have a statutory “long service leave” as a distinct category. However, employees are entitled to accrue additional annual leave days based on their tenure. After one year of service, employees are granted 18 days of paid annual leave. For each subsequent three years of continuous employment, an additional leave day is awarded.

Compassionate leave

Cambodia does provide for certain types of compassionate leave. Employees are entitled to seven days of unpaid bereavement leave in the event of the death of an immediate family member (father, mother, spouse, or child).

Family & domestic violence leave

Currently, Cambodia’s Law on the Prevention of Domestic Violence and the Protection of Victims (2005) does not explicitly provide for family and domestic violence leave as a workplace entitlement.

Termination

In Cambodia, employee termination is primarily governed by the Labor Law and recent Ministry of Labor notifications, which establish a structured legal framework to ensure fair treatment and compliance. This legal framework aims to balance employer operational needs with employee protections, reducing wrongful dismissal claims and ensuring transparency in employment contract termination.

Termination process

The termination process mandates written notice or pay in lieu of notice, a fair investigation for misconduct cases, and issuance of employment certificates upon termination. Employers are also required to notify the Ministry of Labor and Vocational Training within 15 days of the employee’s departure.

Termination reasons

Termination can occur for various reasons such as redundancy, misconduct, poor performance, or force majeure, each requiring proper documentation and adherence to due process to avoid disputes.

Notice period

Employers must provide notice periods based on the employee’s length of service: 7 days for less than 6 months, 15 days for 6 months to 2 years, and 1 month for over 2 years, unless termination is due to serious misconduct, which permits immediate dismissal without notice.

Severance Pay

Compensation obligations differ depending on the contract type. For fixed-duration contracts terminated without valid cause, employers must pay unpaid wages, unused leave, severance of at least 5% of wages during the contract, and damages equivalent to wages for the remaining contract period. For unspecified-duration contracts, compensation includes unpaid wages, unused leave, notice pay if notice is not given, seniority indemnity, and damages equal to seniority payments received.

In cases of serious misconduct, compensation is limited to unpaid wages and unused leave only.

Probation period

In Cambodia, the length of the probationary period depends on the type of employee. For regular employees, the probationary period can last up to three months. Specialized or skilled employees typically have a probationary period of up to two or three months. For non-specialized or unskilled employees, the probationary period is generally shorter, lasting up to one month.

Probation Period days

  • Regular employee – up to 3 months probation period
  • Specialized/ skilled employee – up to 2-3 months probation period
  • Non-specialized/ unskilled employee – up to 1 month probation period

Employing in Indonesia

Indonesia’s labor law is centered on the Manpower Law (Law No. 13 of 2003), which regulates employment contracts, working hours, wages, employee benefits, termination procedures, and occupational health and safety. This was revised by the Omnibus Law on Job Creation (Law No. 11 of 2020), subsequently amended by Government Regulations in 2022 and 2023, to introduce greater flexibility in employment contracts, wage determination, and severance payments, aiming to foster investment and improve the business environment.

Onboarding time

2-5
business days

Minimum Wage

IDR 5,396,760 (may vary per province)
per month

Employer costs

10.24%
of salary

Employee costs

4%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 336 hours. 

Minimum Wage

The monthly minimum wage in Jakarta is IDR 5,396,760. Minimum wages may differ in other provinces.

Employer costs

  • Provident Fund – 3.7%
  • Death Security – 0.3%
  • Work-related Accident Benefit – 0.24%
  • Outside Work-related Accident Benefit – 0.24%
  • Healthcare and Social Security- 4% (capped at IDR 210,948/month)
  • Pension Fund – 2% (capped at IDR 480,000/month)

Employee costs

  • Old Age – 2%
  • Pension – 1%
  • Health Insurance – 1%

Payroll

The payroll process in Indonesia starts with a pre-payroll phase where employee data, attendance, overtime, bonuses, and mandatory deductions like income tax (PPh 21) and social security contributions (BPJS Ketenagakerjaan and BPJS Kesehatan) are collected and validated, ensuring adherence to regional minimum wage standards and company policies.

Payroll cycle

Employers must pay salaries at least once a month, usually on the last working day of the month.

Payroll calculations

Salaries are calculated, integrating salary components, progressive tax rates ranging from 5% to 35%, mandatory benefits, and employer-employee contribution splits.  After deductions, payments are typically made to employees via direct deposit.

Compliance requirements

The post-payroll phase includes salary disbursement and statutory reporting to government agencies.

Additional payments

13th Salary

Employers must provide a 13th-month bonus called Tunjangan Hari Raya (THR), paid before religious holidays and prorated for employees with less than one year of service.

Bonuses

There is no legal requirement that employers provide employee bonuses (apart from THR).

Commissions

Commissions are commonly given in Indonesia, particularly within sales-oriented positions and industries. This commission pay is usually offered alongside a base salary, acting as a bonus or motivation for employees who meet sales targets or contribute to revenue generation.

Other allowances

In Indonesia, common supplemental allowances include transportation allowances or shuttle services to ease commuting challenges, and meal allowances or food benefits. 

Taxes

Indonesia’s tax system is based on a self-assessment framework, where taxpayers are responsible for calculating, paying, and reporting their own taxes. The employer is required to withhold income tax from salaries and remit it monthly to the tax authorities on the employee’s behalf. The Directorate General of Taxes (DGT) primarily functions as an auditor and controller.

Employee Income Tax

Personal income tax in Indonesia is progressive, with rates ranging from 5% to 35% depending on income levels. Residents are generally taxed on their worldwide income, whereas non-residents are subject to a flat withholding tax of 20% on income sourced within Indonesia. 

Income Tax

  • 5% – Up to IDR 50 million 
  • 15% – From 1DR 60 million to IDR 250 million
  • 25% – From 1DR 250 million to IDR 500 million
  • 30% – From 1DR 500 million to IDR 5 billion
  • 35% – Above IDR 5 billion

Employment eligibility

Foreign employees in Indonesia must secure approval of a Foreign Worker Employment Plan (RPTKA) from the Ministry of Manpower, which justifies the need to hire foreign workers and specifies job titles, contract duration, and training plans for Indonesian staff. They are required to have appropriate academic credentials, usually a university degree, along with at least five years of relevant work experience.

Visa

Foreign employees need to obtain a valid work visa (VITAS C312) and a Limited Stay Permit (ITAS) to work legally in Indonesia. Essential documents include a passport valid for at least 18 months, educational certificates, proof of work experience, insurance, and employer sponsorship papers.

Employers are responsible for paying a monthly foreign worker utilization fee (around US$100 per month) and must register both foreign and local employees in Indonesia’s social security system (BPJS). Some roles, such as board members with share ownership or diplomatic officials, are exempt from work permit ratification.

Additionally, foreign workers must be paired with Indonesian employees to facilitate knowledge transfer, and employment contracts typically align with visa validity, often ranging from 6 to 12 months with possible extensions.

Visa types

Indonesia offers two types of work visas for foreign nationals seeking employment in the country, these are:

  • Izin Tinggal Terbatas (ITAS): ITAS is a limited-stay permit that can be granted to foreign employees by the Indonesia Directorate General of Immigration through a local immigration office. To obtain an ITAS, applicants must first secure a Visa Izin Tinggal Terbatas (VITAS), which serves as an Indonesian limited-stay visa.
  • Kartu Izin Tinggal Tetap (KITAP): KITAP is a permanent-stay permit available to international workers who have continuously held an ITAS for a minimum of three years.

Compliance documents

Employee provides the following documents:

  • A copy of their passport, which must be valid for a minimum of 18 months
  • Proof of health insurance
  • Passport photos in color
  • A copy of the employee’s highest degree of education, which must be stamped and signed by the employer
  • A copy of the applicant’s CV, which should also be stamped and signed
  • A work certificate that shows the applicant has at least 5 years of relevant experience

Employer provides the documents listed below:

  •   A completed visa application form
  • A business license
  • Their NPWP number for tax identification
  • A business license issued by the Indonesia Investment Coordinating Board (BKPM)
  • A copy of the sponsor’s ID card (KTP)
  • A copy of a local employee’s KTP
  • Mandatory Manpower (Wajib Lapor) report
  • Business Identification Number (NIB)
  • Certain documents within the application must have the letterhead of the company and a company stamp
  • Certificate of Company Domicile (SKDP)
  • The company’s deed establishment, authorized by the Ministry of Law and Human Rights

Background check

In Indonesia, obtaining a work visa for foreign employees involves a mandatory background check, with emphasis on criminal records. Employers are required to submit a Foreign Worker Employment Plan (RPTKA) to the Ministry of Manpower and Transmigration and upload the foreign worker’s personal information into the TKA Online system. Once approved, a background check is performed, which includes verifying criminal records through the Surat Keterangan Catatan Kepolisian (SKCK)—a police clearance certificate issued by the Indonesian National Police that confirms the individual is not currently under any criminal investigation in their local jurisdiction. The SKCK is valid for six months. Except for the final issuance of the ITAS, the entire procedure can be completed online, making the verification and approval process for foreign employment in Indonesia more efficient.

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Benefits

Mandatory employee benefits in Indonesia include contributions to social security programs administered by BPJS, covering health insurance (BPJS Kesehatan) and employment-related protections (BPJS Ketenagakerjaan), with both employers and employees sharing the costs. Other compulsory benefits include the religious holiday allowance (Tunjangan Hari Raya, THR), annual leave (minimum 12 days after 12 months of service), sick leave, maternity leave (three months total), and paternity leave (two days), as well as compliance with regionally mandated minimum wages and work accident insurance fully covered by employers.

The BPJS programs provide comprehensive coverage including healthcare, accident compensation, old age benefits, pensions, and life insurance components. Beyond these mandatory benefits, many employers in Indonesia offer supplemental benefits such as private health insurance, transportation and meal allowances, and life and disability insurance.

Private health insurance

Private health insurance in Indonesia is designed to supplement BPJS coverage, offering access to a wider range of healthcare providers and faster services.

Team APAC providers

We offers multiple health insurance options, allowing customers to choose between International Health Insurance, providing worldwide coverage on a pay-and-claim basis, or a Local Health Insurance, which offers a cashless access to treatment within the provider’s network. We offer the flexibility to cover either the employee only (single option) or the employee and their dependents (family option), tailored to meet the specific needs of your team.

  • SafetyWing
  • Allianz

Mandatory benefits

Mandated benefits in Indonesia are social security programs, which include health insurance and employment-related protections, annual leave, sick leave, maternity and paternity leave.

Mandatory benefits in Indonesia

  • Social Insurance Programs (including Health Insurance and Employment-related Protections)
  • Annual Leave
  • Sick Leave
  • Maternity Leave
  • Paternity Leave

Working hours

Regular weekly working hours are limited to 40. Regular daily working hours are limited to seven hours a day, six days a week or eight hours a day, five days a week. For every four hours worked, a 30-minute break is required. The law also requires one day of rest every week for those who work a six-day workweek and two days of rest for those with five-day workweeks.

Working hours per day

The standard workday is 8 hours (7 hours a day on a six-day workweek).

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Overtime worked on regular workdays is paid at 150% of the regular hourly rate. Pay for work on weekly rest days and/or national holidays is 200-400% of the regular hourly rate.

Overtime cannot exceed three hours per day, or 14  hours per week.

Leave

In Indonesia, Law No. 13 of 2003 on Employment mandates several statutory leaves. Employees are entitled to paid annual leave, sick leave. Female employees receive fully paid maternity leave. Male employees receive paternity leave for two days with full pay.

Paid public holidays and personal leave are granted for significant family events such as marriage, childbirth, and bereavement.

Annual leave

An employee is entitled to 12 days of annual leave with full pay after completing 12 months of continuous service. 

Sick leave

Employers are required to compensate employees absent from work due to illness provided the employee submits medical certification. For the first four months, compensation must be at 100 percent of wages; for the second four, 75 percent; the third four, 50 percent; and subsequent months, 25 percent. After 12 months’ absence due to illness, the employer can dismiss the employee.

Parental leave

Currently, there is no law requiring employers to provide parental leave.

Maternity leave

Employees are entitled to three months of paid maternity leave after childbirth, fully funded by the employer. If health complications arise for the mother or child, an additional three months of leave may be granted with a doctor’s certificate. 

During the leave period, employees receive 100% of their salary for the first four months and 75% of their salary for the fifth and sixth months, if extended.

Paternity leave

A male employee is entitled to two days’ employer-paid leave following the birth of a child or his wife’s miscarriage.

Long service leave

Currently, there is no law requiring additional leaves relative to long service leave.

Compassionate leave

Compassionate leave or bereavement leave of two days in the event of the death of a first-or second-degree relative, or one day for the death of a household member.

Family & domestic violence leave

Currently, there is no law requiring leave in relation to domestic violence. Parents, however, may request two days of paid leave for their children’s religious ceremonies such as circumcision or baptism. 

In addition, marriage leave is given to allow employees three days off for their own marriage rites or two days if attending their child’s wedding. Adoptive parents receive the same leave benefits as natural parents, including three months of paid leave for adoptive mothers and two days of paid leave for adoptive fathers.

Termination

Employment termination in Indonesia is primarily governed by Labor Law No. 13 of 2003, as amended by the Job Creation Law (Law No. 11 of 2020) and subsequent regulations. The Manpower Act provides that employers, as well as trade unions and workers, must “make all efforts” to prevent the termination of employment.

Immediate termination is permitted only in cases of gross misconduct, with compensation required if notice is not provided. This legal framework is designed to ensure due process and protect employees from wrongful dismissal, thereby minimizing potential legal disputes and penalties for employers.

Termination process

Employers are obligated to adhere to a defined procedural process that involves issuing written notice and engaging in bipartite negotiations with the employee or labor union, and, if necessary, proceeding to mediation or litigation before the Industrial Relations Court. Unilateral termination without court approval is prohibited.

Termination reasons

Termination must be justified by lawful reasons, which may include employee-related causes such as breaches of employment contracts after warnings, extended absenteeism, misconduct, retirement, or criminal convictions, as well as company-related reasons like insolvency, mergers, restructuring, or bankruptcy.

Notice period

In Indonesia, there is no legally stipulated minimum notice period for termination. Generally, when an employer terminates an employee during the probation period, a notice of 7 days is customary. For termination outside the probation period, the minimum notice period typically observed is 30 days. Similarly, when an employee decides to resign, they are generally expected to provide a minimum notice period of 30 days.

Severance Pay

Severance and other termination benefits are mandated based on the employee’s tenure and the grounds for dismissal.

Length of employment and corresponding severance pay:

  • Less than 1 year: 1 month wage
  • Between 1 to 2 years: 2 months wage
  • Between 2 to 3 years: 3 months wage
  • Between 3 to 4 years: 4 months wage
  • Between 4 to 5 years: 5 months wage
  • Between 5 to 6 years: 6 months wage
  • Between 6 to 7 years: 7 months wage
  • Between 7 to 8 years: 8 months wage • Above 8 years: 9 months wage

Probation period

In Indonesia, probation periods last for a maximum of three months for indefinite contracts.

Probation Period days

  • 3 months maximum probation period

Employing in Thailand

Thailand’s employment legal framework is chiefly regulated by the Labor Protection Act B.E. 2541 (1998) and its subsequent amendments, which set forth detailed provisions on employment contracts, working hours, minimum wages, overtime pay, employee benefits, workplace safety, and termination procedures including severance pay. This framework is complemented by relevant sections of the Thai Civil and Commercial Code, the Labor Relations Act, the Social Security Act, and the Occupational Safety, Health and Environment Act. Employers with ten or more employees are required to establish and publicly post comprehensive work rules that cover working conditions, leave policies, disciplinary measures, and termination protocols. The Ministry of Labor enforces these laws to ensure equitable treatment across various categories of workers-including permanent, temporary, part-time, and foreign employees.

Onboarding time

2-5
business days

Minimum Wage

THB 12,000
per month

Employer costs

5.2% – 6%
of salary

Employee costs

5%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 480 hours.

Minimum Wage

The monthly minimum wage is THB 12,000 as of January 2025.

Employer costs

  • Social Security (including pension) – 3%
  • Health Insurance – 1.5%
  • Unemployment Insurance – 0.5%
  • Work Injury Insurance – 0.2 to 1%

Employee costs

  • Social Security –  3%
  • Health Insurance – 1.5%
  • Unemployment Insurance – 0.5%

Payroll

The payroll process in Thailand includes gathering employee information and calculating gross pay based on the agreed-upon salary, which must meet or exceed the minimum wage requirements. Companies need to withhold appropriate taxes and deductions.

Payroll cycle

Employers must pay salaries at least once a month on the last working day of the month.

Payroll calculations

Employers calculate the gross salary, which includes the basic salary plus any taxable allowances. They then withhold personal income tax. Both employers and employees contribute to the Social Security Fund. Payroll must also consider authorized deductions such as provident fund contributions and loan repayments if applicable. After these deductions, the net salary is determined and paid to employees, commonly through bank transfer, cash, or cheque.

Compliance requirements

Employers are required to provide detailed payslips showing gross salary, deductions, and net pay on or before payday. Employers must register employees with the Social Security Office and Workmen’s Compensation Fund within 30 days of hiring and submit monthly tax withholdings to the Thai Revenue Department. Year-end tax reconciliations ensure compliance with tax laws.

Additional payments

13th Salary

In Thailand, it is not mandatory to pay a 13th-month salary.

Bonuses

There is no legal requirement that employers provide employee bonuses.

Commissions

In Thailand, commissions are typically payments made to employees or agents based on sales or transactions they facilitate. 

Other allowances

While not compulsory, employers commonly provide a provident fund to encourage retirement savings. The employer’s contributions to this fund are required to be equal to or exceed those made by the employee.

Taxes

Employment income tax in Thailand applies to salaries, wages, bonuses, and other compensation for personal services provided to employers. Residents, or individuals spending 180 days or more in Thailand during a tax year, are taxed on their worldwide income, regardless of when it is remitted to Thailand. Non-residents are taxed only on income sourced within Thailand, typically at a flat 15% rate on employment income unless otherwise specified by contract. 

Employee Income Tax

Thailand employs a progressive personal income tax system for residents, with rates in 2025 ranging from 0% to 35% based on taxable income brackets. Income up to THB 150,000 is exempt from tax. Beyond this threshold, tax rates increase progressively: 5% on income between THB 150,001 and 300,000; 10% on THB 300,001 to 500,000; 15% on THB 500,001 to 750,000; 20% on THB 750,001 to 1,000,000; 25% on THB 1,000,001 to 2,000,000; 30% on THB 2,000,001 to 4,000,000; and 35% on income exceeding THB 4,000,000.

Income Tax

  • 5% – between THB 150,001 and 300,000
  • 10% – between THB 300,001 and 500,000
  • 15% – between THB 500,001 and 750,000
  • 20% – between THB 750,001 and 1,000,000  
  • 25% – between THB 1,000,001 and 2,000,000  
  • 30% – between THB 2,000,001 and 4,000,000
  • 35% – income exceeding THB 4,000,000

Employment eligibility

Foreign nationals wishing to work in Thailand must first secure a work permit from the Ministry of Labour, which requires holding a valid Non-Immigrant “B” visa before applying. Applicants need a confirmed job offer from a registered Thai company, with the job position not falling into prohibited categories such as legal services, agriculture, or construction, unless specific exemptions apply (e.g., companies promoted by the Board of Investment). Employers must adhere to regulations including maintaining a prescribed ratio of Thai to foreign employees, as well as meeting minimum capital and salary requirements. The application process involves submitting documents such as the applicant’s passport, employment contract, company registration, tax documents, medical certificate, and educational credentials. Approval is discretionary and depends on compliance with Thai labor laws, and the issued work permit restricts the foreign national to the specified job and employer. Furthermore, the foreign employee is required to carry the work permit during working hours and comply with all conditions outlined in the permit.

Visa

The Non-Immigrant “B” visa permits entry and residence for employment purposes, while the work permit, issued by the Ministry of Labour, authorizes the individual to work in a specific role for a designated employer. To qualify, applicants must hold the appropriate visa, have sponsorship from an employer, and be employed in an occupation allowed for foreigners. Employers are required to submit company registration documents, tax payment proof, and an employment contract as part of the application. The work permit application typically takes about one week to process and is generally valid for one year, with annual renewal necessary.

Certain exceptions and expedited procedures apply to BOI-promoted companies and highly skilled professionals. Non-compliance with these rules can lead to fines or interruptions in employment.

Visa types

Thailand offers several types of work visas and permits for foreign nationals seeking employment in the country. Here are some of the main types.

Non-Immigrant Work Visas:

  • Non-Immigrant B Visa (Business Visa) 
  • Non-Immigrant B-A Visa (Business Approved Visa) 
  • Non-Immigrant IB Visa (Investment and Business Visa) 
  • Non-Immigrant M Visa (Media Visa) 
  • Non-Immigrant EX Visa (Specialist/Expert Visa) 
  • Non-Immigrant RS Visa – for scientific research, training, or teaching in Thai research institutes.
  • Non-Immigrant F Visa – for foreigners performing official duties with government agencies, embassies, or international organizations
  • Non-Immigrant O Visa – generally for family visits 

Smart Visas:

  • Smart T (Talent) – for experts with a job contract and minimum salary requirements.
  • Smart I (Investor)  
  • Smart E (Executive) – for senior executives with experience and a high salary.
  • Smart S (Startup) – for startup founders or shareholders with financial and role requirements.

Long-Term Resident (LTR) Visa:

  • Designed for highly skilled professionals, remote workers, retirees, and wealthy individuals meeting specific criteria, offering longer validity (up to 10 years) and benefits.

Compliance documents

 The employee must provide:

  •   Valid passport
  •   Recent passport-sized photographs
  •   Certificate of health
  •   Proof of relevant work experience and educational qualifications
  •   Licenses or certificates related to the job, if applicable
  •   Medical certificate and address in Thailand

The employer must provide:

  •   Company registration documents
  •   Tax records including VAT and withholding tax certificates
  •   Social security documentation
  •   List of shareholders
  •   Employment contract specifying position and salary
  •   Office map and company objectives

Background check

In Thailand, visa-related background checks are mainly carried out by the Thai Immigration Office and the Royal Thai Police, particularly for visa categories like the Thai Elite Visa. Applicants are required to submit comprehensive personal details, including their full name, passport information, home address, and visa history. The background check evaluates criminal records both domestically and internationally, previous visa statuses, any overstays, bankruptcies, and records of removal or blacklisting. This process generally takes between 4 to 6 weeks and serves as due diligence to confirm that applicants have no serious criminal convictions or immigration violations. Employers and agencies may request criminal background checks for employment or visa purposes, but these require the applicant’s consent and must comply with Thai privacy and labor laws. Working illegally without the proper permits is a criminal offense in Thailand, punishable by fines, imprisonment, and deportation.

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Benefits

In Thailand, mandatory employee benefits include life and death coverage, disability benefits, medical treatment, maternity benefits, child allowances, old-age benefits, workmen’s compensation, unemployment benefits, and social security contributions, with both employer and employee contributing Employees are guaranteed a minimum paid annual leave, paid annual sick leave, and maternity leave. These statutory benefits primarily apply to full-time employees and are strictly enforced to prevent misclassification. Workers receive one day off per week and are protected against workplace injuries through the Workers’ Compensation Fund.

Beyond these mandatory provisions, many employers offer voluntary benefits such as group life insurance, group medical insurance, retirement benefits including provident funds with matched contributions and tax advantages, private pension plans, and retirement bonuses.

Private health insurance

Private health insurance is commonly provided and widely used in Thailand, especially among foreign workers, and those who prefer faster and higher-quality medical care.

Team APAC providers

We offers multiple health insurance options, allowing customers to choose between International Health Insurance, providing worldwide coverage on a pay-and-claim basis, or a Local Health Insurance, which offers a cashless access to treatment within the provider’s network. We offer the flexibility to cover either the employee only (single option) or the employee and their dependents (family option), tailored to meet the specific needs of your team.

  • SafetyWing
  • Allianz

Mandatory benefits

Statutory benefits include social insurance, health insurance, unemployment insurance, and paid leaves.

Mandatory benefits in Philippines

  • Social Security Fund Contributions (which cover Sickness and medical treatment, Maternity benefits, Disability benefits, Death and life coverage, Child allowance/support, Old age pension/retirement benefits, Unemployment benefits)
  • Workmen’s Compensation 
  • Paid Leaves (i.e. annual leave, sick leave, maternity leave, and personal business leave)

Working hours

Thai law establishes regular working hours of eight per day and 48 per week. For hazardous work, the regular workday cannot exceed seven hours and the regular workweek cannot exceed 42 hours.

An employee is entitled to a rest period of at least one hour after working five consecutive hours. The rest period is not counted as working time. If an employer has requested overtime work of at least two hours, the employee also is entitled to a 20-minute rest period before beginning the overtime work.

Working hours per day

The standard workday is 8 hours.

Working hours per week

The standard workweek is 48 hours.

Overtime pay

Overtime pay is mandatory for work exceeding 48 hours per week, calculated at 150% of the hourly wage. 

Leave

Thailand’s statutory leave provisions are mainly governed by the Labor Protection Act (LPA). It covers all paid leaves such as annual leave, sick leave, maternity leave, military leave, and personal business leave. 

Employees are also entitled to at least three days of personal business leave per year, which may be unpaid and cannot be deducted from annual leave. Leaves such as bereavement, jury duty, and voting are not mandated by Thai law and depend on individual employer policies.

Additionally, employers with 10 or more employees must establish and publish work rules, including leave policies, and submit these to labor authorities to ensure compliance with employment terms.

Annual leave

Employees who have completed one continuous year of service are entitled to a minimum of six days of paid annual leave, which the employer must schedule in advance without needing the employee’s consent (Section 30 LPA). Unused annual leave can be carried over to subsequent years, and employers are prohibited from refusing this or deducting entitlements; employees have up to two years to claim wages for unused leave. 

Employers may grant additional vacation time in subsequent years. Employers may grant vacation on a pro rata basis to employees who have not completed a full year of service.

Sick leave

Sick leave in Thailand is unlimited in duration, but payment is limited to 30 days per year. For absences of three or more consecutive days, a medical certificate from a qualified physician is required.

Parental leave

There is no law requiring employers to provide parental leave.

Maternity leave

Maternity leave is granted for up to 98 days per pregnancy, with pay provided during this period.

Paternity leave

There is no provision for mandatory paternity leave for private-sector employees.

Long service leave

Currently, there is no law requiring additional leaves relative to long service leave.

Compassionate leave

Currently, there is no law requiring compassionate  leave. 

Family & domestic violence leave

Currently, Thailand does not provide a formal family and domestic violence leave entitlement for employees.

Other leaves

Employees are entitled to leave for personal reasons, military service, sterilization, and training.

Military leave is allowed for up to 60 days annually with pay.

Termination

In Thailand, employment termination is primarily governed by the Labour Protection Act B.E. 2541 (1998), the Labour Relations Act B.E. 2518 (1975), and the Civil and Commercial Code. 

Terminations must be lawful, supported by documented reasons, and employees have the right to challenge unfair dismissals through legal claims. Overall, the framework emphasizes protection against unfair dismissal by requiring employers to follow due process and maintain clear documentation to prevent legal disputes.

Termination process

Employers must also fulfill procedural duties, including issuing dismissal notices, settling all owed wages, severance, unused leave, and notifying authorities like the Social Security Office. 

When an employee is terminated, the employer must pay within three days all accrued wages, overtime, holiday pay, holiday overtime pay, and compensation for vacation time accrued prior to the year of termination but not yet taken.

Termination reasons

Employers can terminate contracts based on just cause, such as gross misconduct, criminal offenses, or serious breaches of company rules.

Notice period

Employers are required to give a minimum of 30 days’ written notice or provide payment in lieu of notice when terminating an employee without cause. 

If an employer decides to terminate employees as a result of business restructuring due to automation or changes in machinery or technology, the Labor Inspection Office and affected workers must be given at least 60 days’ notice. If the employer fails to provide 60 days’ notice, terminated employees are entitled to 60 days’ pay in lieu of notice in addition to their regular severance.

Severance Pay

If not terminated for cause, the employee also is entitled to payment on a pro rata basis for vacation earned in the year of termination and to severance pay in an amount determined by the employee’s length of service as follows:

  • 120 days of continuous service to one year: 30 days’ wages,
  • one to three years: 90 days’ wages,
  • three to six years: 180 days’ wages,
  • six to 10 years: 240 days’ wages,
  • 10 years or more: 300 days’ wages, and
  • 20 years or more: 400 days’ wages.

An employer is not required to pay severance, make a pro rata payment for vacation accrued during the year of termination or give advance notice if an employee is terminated for cause.

Probationary employees, within the first 119 days, may be dismissed without severance if there is valid cause. 

Fixed-term contracts conclude automatically without severance unless improperly extended, which then converts the contract to a regular employment agreement.

Probation period

In Thailand, the probationary period for employees, whether Thai nationals or expatriates, is typically determined by the employer and agreed upon with the employee, with a maximum duration of 119 days (around four months). This limit is practical because if employment extends beyond 119 days, the employer becomes legally obligated to pay severance under Section 118(1) of the Labour Protection Act. The probation period serves as a trial phase for employers to evaluate the employee’s performance and suitability, while employees can assess their fit within the company.

Probation Period days

  • 119 days maximum probation period (if agreed upon by employer and employee)

Employing in China

China’s employment laws are primarily governed by two central statutes: Labor Law (1995) and Labor Contract Law (2008). The former defines the rights and obligations of employers and employees, protecting workers’ legitimate interests. The latter ensures effective implementation of employment rules and principles outlined in the Labor Law.

Other relevant laws include the Social Security Law, Labor Dispute Mediation and Arbitration Law, Employment Promotion Law, Labor Union Law, Work Safety Law, and laws protecting women’s rights.

Onboarding time

2-5
business days

Minimum Wage

Wage rates vary per province/region

Employer costs

34.15% – 45.5%
of salary

Employee costs

17.5%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 120 hours. 

Minimum Wage

The minimum wage in China varies per province/ region, reflecting regional economic conditions and living costs. 

As of early 2025, Shanghai has the highest monthly minimum wage at CNY 2,690 while Beijing  has the highest hourly minimum wage at CNY 26.4. 

Other major cities, such as Guangzhou and Shenzhen, set monthly minimum wage rates at CNY 2,300 and CNY 2,360, respectively.

Minimum wages are regularly adjusted by local governments, typically every two years, to keep pace with economic development and cost of living changes.

Employer costs

  • Pension – 16%
  • Unemployment Insurance – 0.5%
  • Medical Insurance -10%
  • Injury Insurance – .0256%
  • Housing Fund – 7%

Employee costs

  • Pension – 8%
  • Unemployment Insurance – 0.5%
  • Medical Insurance -2%
  • Housing Fund – 7%

Payroll

The payroll process in China involves several structured steps to ensure compliance with local labor laws, tax regulations, and social insurance contributions. Only written contracts are legally recognized, detailing salary, social insurance, working hours, and other terms and conditions of employment. 

Employers collect employee data such as name, date of birth, job title, and payroll schedule. To calculate gross salary, the following are included: base salary, bonuses, overtime, and taxable fringe benefits (e.g., reimbursements for phone or parking).

Payroll cycle

The payroll cycle in China typically operates on a monthly basis, with salaries paid at the end of the month, or earlier if the last day of the month falls on a holiday. Post-payroll activities involve generating payslips, ensuring compliance by filing necessary reports and remitting deductions to government authorities. 

Payroll calculations

The actual payroll processing includes calculating gross salary by adding components like basic pay, allowances, and bonuses, followed by deducting social insurances including pension, medical, unemployment, work injury, and maternity insurance.

Compliance requirements

Employers must register with the Income Tax Department. Employers must withhold individual income tax (IIT) from salaries, with rates ranging from 3% to 45%, and remit taxes monthly to local authorities.

Additional payments

13th Salary

13th month salary is not mandatory but many companies in China have instituted a 13th month salary payment paid during the month of the Chinese New Year or Spring Holiday.

Bonuses

While bonuses are not required by law, it has become a common and important component of employee compensation in many industries in China. In addition to the fixed 13th-month salary, performance-based bonuses are widespread, particularly in profit-oriented sectors such as technology, finance, and manufacturing, where employees might earn bonuses equal to two or three months’ salary or even higher.

Commissions

Commissions are commonly given in the country, particularly those in sales and customer-facing positions. This compensation method is a common component of salary packages, typically combining a base salary with commissions or, in some cases, relying entirely on commissions for roles that are heavily performance-oriented, such as sales representatives, brokers, and dealers.

Other allowances

Some of the optional allowances given to employees in China include transportation, housing, transportation, and education allowance.

Taxes

The income tax system in China is governed by the Income Tax Act, 1961 and is administered by the Central Board of Direct Taxes under the Ministry of Finance. It operates on a progressive tax structure, where tax rates increase with higher income brackets. Individual Income Tax (IIT) IIT is administered on a progressive tax system with rates ranging from 3% to 45%. China taxes individuals who reside in the country for more than 183 days on worldwide earned income

Employee Income Tax

Employee income taxation in the country is regulated by a progressive individual income tax (IIT) system that applies to both residents and foreigners earning income within the country. Employment income, which is comprised of wages, salaries, bonuses, stock options, and allowances, is classified as “comprehensive income” and taxed annually at progressive rates ranging from 3% to 45%. The tax brackets begin at 3% for annual taxable income up to CNY 36,000 and increase progressively to 45% for income exceeding CNY 960,000. Employers must accurately calculate and withhold the IIT from employees’ salaries prior to payment.

Income Tax

  •  3% – 0 – 36,000 CNY
  • 10% – 36,000.01 – 144,000 CNY
  • 20% – 144,000.01 – 300,000 CNY
  • 25% – 300,000.01 – 420,000 CNY
  • 30% – 420,000.01 – 660,000 CNY
  • 35% – 660,000.01 – 960,000 CNY
  • 45% – Over 960,000.00 CNY

Employment eligibility

In China, foreign nationals must meet specific employment eligibility criteria to work legally. This includes obtaining a valid work visa, commonly a Z Visa, and a corresponding work permit. Applicants are required to be at least 18 years old, in good health, free of any criminal record, and possess relevant professional skills and experience related to the job. A confirmed job offer from a licensed Chinese employer is mandatory, with the employer responsible for applying for the Employment License and the Notification Letter of Foreigner’s Work Permit on behalf of the employee.

Typically, applicants need a bachelor’s degree or higher and a minimum of two years of relevant work experience.

Visa

The visa regulations for employment in China primarily revolve around the Z Visa, which is the standard work visa for foreign nationals intending to work long-term in the country. After arriving in China on a Z Visa, foreign workers must convert it into a residence permit within 30 days to legally reside and work in the country.

Visa types

  • Z Visa – main visa for foreigner workers
  • R Visa (Professional Talent Visa) – for highly-skilled professionals
  • M Visa (Business Visa) – for foreigners invited to China for short-term business trips
  • S1 and S2 Visas (Family Visas) – for family members of foreign workers

Compliance requirements

  • Job offer
  • Work Permit Notification
  • Passport (valid for at least six months)
  • Visa Application Form
  • Educational and Professional Qualifications
  • Health Certificate
  • Criminal Record Certificate 
  • Application submission
  • Entry Registration (registering one’s address in China with the local Public Security Bureau [PSB] within 24 hours of arrival in the country)
  • Work Permit Application in China (within 15 days of arrival)
  • Residence Permit (within 30 days of entry; issued by PSB)
  • Point-based Eligibility (minimum assessment score [usually 60] of applicants based on education, work experience, age, and Mandarin proficiency)

Background check

Visa-related background checks in China mainly aim to confirm that foreign applicants, particularly those applying for work visas, have no criminal record. A criminal background check, also called a police clearance certificate or certificate of no criminal record, is a mandatory document for China work visa applications. This certificate must be obtained from the applicant’s current country of residence and any other country where they have lived for more than six months within the last five years. It must be recently issued (usually within six months before the visa application) and authenticated by the issuing authority. China has recently tightened its regulations, requiring applicants to have a completely clean criminal record for visa approval. Thus, any criminal history, regardless of its nature, now leads to visa denial.

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Benefits

Employees in China receive mandatory and voluntary benefits aimed at securing their financial stability, health protection, and work-life balance. The compulsory “5+1 system” comprises pension insurance, medical insurance, work injury insurance, unemployment insurance, maternity insurance, and housing fund contributions, all funded by both employers and employees, establishing a social safety net and retirement support. Additionally, many employers provide extra benefits such as subsidies for housing, meals, transportation, and children’s education, private supplemental health insurance, annual bonuses commonly given during the Chinese New Year, and additional paid vacation days beyond the legal minimum.

Private health insurance

Private health insurance in China helps cover high out-of-pocket costs, offers access to higher quality care, and reduces waiting times compared to public hospitals.

Team APAC providers

  • SafetyWing
  • Allianz

Mandatory benefits

The statutory benefits system in China is mainly regulated by the State Social Insurance System, which mandates five types of social insurance: basic pension insurance, basic medical insurance, unemployment insurance, work-related injury insurance, and maternity insurance. Both employers and employees contribute to these insurances based on the employee’s salary, with contribution rates and benefit levels differing across municipalities. The pension scheme offers retirement benefits through a combination of a base pension, individual account pension, and transitional pension, with the standard retirement age currently at 60 for men and 55 for women, though this is gradually increasing. Medical insurance covers treatment, rehabilitation, and allowances during illness or injury. Work-related injury insurance provides compensation for medical costs, disability, and death benefits including funeral and dependent support. Unemployment insurance offers financial aid during periods of joblessness, while maternity insurance grants paid leave and related support. Additionally, both parties contribute to a housing provident fund to assist with housing needs. These benefits are managed by local governments under the supervision of the Ministry of Human Resources and Social Security, aiming to protect workers from social risks such as aging, sickness, unemployment, and workplace injuries. 

Mandatory benefits in China

  • Basic pension insurance
  • Basic medical insurance
  • Unemployment insurance
  • Work-related injury insurance
  • Maternity insurance

Working hours

The standard workweek in China is 40 hours, based on an eight-hour day. The law requires that employees receive at least one full day of rest during the week, although most employers provide two days, usually Saturday and Sunday. The Labor Law allows employers to extend working hours for production or operational needs as long as the labor union, if one exists, and the employees are consulted.

Working hours per day

The standard workday is 8 hours.

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Employees required to work additional hours beyond the standard eight-hour workday are entitled to overtime pay based on the following criteria: on a regular working day, 150 percent of regular hourly wages; on a rest day, either compensatory time off or 200 percent of regular hourly wages; and for all work on a statutory holiday, 300 percent of regular hourly wages.

Leave

In China, mandatory leave types include statutory annual leave, public holidays, sick leave, maternity leave, paternity leave, marriage leave, and bereavement leave. Additionally, employees are entitled to one rest day per week, commonly observed on weekends.

Annual leave

Employees do not qualify for paid leave until they have completed their first year of employment. After finishing their first year but before reaching ten years of service, employees are entitled to five days of paid leave each year. Those who have served for at least ten years receive ten days of paid leave annually, which increases to a maximum of fifteen days for employees with twenty or more years of service.

Sick leave

Employees are entitled to sick leave of between three months and 24 months depending on total years of work experience and tenure with the current employer. An employee on sick leave is entitled to compensation, the amount of which varies by location but is generally no lower than 80 percent of the minimum monthly salary announced by the local government.

Parental leave

Parental leave in China is not mandated by a unified national policy; instead, it is regulated at the provincial level, with each province setting its own rules regarding duration and conditions. Duration varies by province and ranges from 5 to 15 days, with some provinces offering as few as 5 days (e.g., Beijing and Shanghai) and others up to 30 days (e.g., Shaanxi). Parental leave is generally paid at 100% of the employee’s salary in most provinces.

Paternity leave

Working fathers are eligible for seven to 30 days of paternity leave depending on locality. In Beijing, up to 15 days of paternity leave at full pay can be taken by the male spouse of a female employee who is over 24 years of age at the date of the child’s birth. Shanghai provides 10 days of paternity leave.

In Beijing, fathers may take more leave days if their spouses reduce their leave by the same amount and both employers agree. Shanghai and Beijing provinces offer parental leave, which entitles eligible parents to five days of paid leave each year until the child reaches 3 years of age.

Maternity leave

Under national law, female employees who are pregnant are entitled to 98 days of maternity leave, but local laws provide additional conditions and leaves depending on situations surrounding childbirth and pregnancy.

Other types of leave

Bereavement leave

Bereavement leave typically allows up to 3 days of paid leave for immediate family members.

Family & domestic violence leave

There is no legal entitlement to family and domestic leave.

Long service leave

Long service leave, as a specific type of leave granted for extended service, is not explicitly mandated in China under that term. Instead, China’s labor law provides for statutory annual leave based on the employee’s total length of service across all employers, which functions similarly by rewarding longer tenure with increased paid leave days.

Marriage leave

Marriage leave usually lasts at least 3 days, with some provinces granting extended leave up to 30 days.

Termination

In China, the primary legislation regulating termination of employment is the Labor Contract Law, which offers robust protections for employees and limits employers’ rights to terminate contracts without just cause. Employment can end through mutual consent, employee resignation, employer-initiated dismissal, or automatic termination under certain conditions.

Termination process

Employers are required to document and provide evidence for the reason behind a termination, issue formal written notice to the employee, and notify the labor union if one exists prior to the termination. In cases of mass layoffs involving more than 20 employees or 10% of the workforce, additional steps must be taken, such as informing labor authorities and unions. Furthermore, all final payments, including wages, unused leave, and severance, must be promptly settled.

Termination reasons

Grounds for employer-initiated termination include serious misconduct or fault warranting immediate dismissal without notice or compensation, such as failure to meet probationary employment conditions, repeated violations of company rules (like unexcused lateness), gross negligence or corrupt practices causing significant harm to the employer, holding another job that severely impacts performance without termination, obtaining the employment contract through deception or coercion, conviction of a crime, or fraudulent or coerced contract signing.

Notice period

Employees are entitled to 30 days’ advance notice of termination or one month’s wages in lieu of notice plus severance pay unless termination is for a serious violation of company work rules or similar circumstances. Labor unions must be notified by employers of any proposed unilateral termination and may demand that an employer correct an action that violates government law or the terms of a labor contract.

Severance Pay

Severance pay is calculated as one month’s salary for each full year of service, plus an additional half month’s salary for any partial year worked that is less than six months, or a full month’s salary for a partial year of six months or more. For employees whose salary exceeds three times the local monthly average wage, severance calculations are capped at three times that average salary and a maximum of 12 months of seniority. Additionally, employees who are terminated by mutual agreement or whose fixed-term contracts expire without renewal are also eligible to receive severance pay.

Note that severance pay is determined by the duration of employment with a single employer and may vary according to the specific province or region.

In Shanghai, the amount of severance pay depends on both the reason for termination and the employee’s length of service.

Probation period

Based on Chinese labor law, the length of the probationary period depends on the duration of the employment contract: for contracts less than three months, probation is not allowed; for contracts between three months and one year, the probation period can be up to one month; for contracts between one and three years, it can last up to two months; and for contracts longer than three years or indefinite contracts, the probation period can be up to six months.

Probation Period days

  • No probation period (for contracts lasting for less than 3 months)
  • Up to 1 month probation period (for contracts lasting for 3 up to 12 months)
  • Up to 2 months probation period (for contracts lasting for 1 to 3 years)
  • Up to 6 months probation period (for contracts lasting for more than 3 years or indefinite contracts)

Employing in Taiwan

Employment in Taiwan is primarily governed by the Labour Standards Act (LSA), which sets the minimum terms and conditions for employment, including working hours, rest days, overtime pay, paid leave, and minimum wage. 

Onboarding time

2-5
business days

Minimum Wage

NTD 190
per hour

Employer costs

~22%
of salary

Employee costs

4.25%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 120 hours. 

Minimum Wage

As of January 1, 2025, Taiwan’s minimum wage is NT$28,590 per month or NT$190 per hour.

Employer costs

  • General Labor insurance – 8.05% 
  • Employment Labor insurance – 0.70% 
  • Vocational Disaster Labor insurance – 0.25% (varies by company)
  • Wage fund Labor Insurance  – 0.025% 
  • National Health Insurance – 4.83912%
  • Pension (Labor Pension Act) – 6.00% 
  • Supplementary National Health Insurance contribution – 2.11% (applicable to employees earning above TWD 219,500/month)
  • Disability Employment Levy – Estimated: TWD 186

As of October 1, 2024, employees with children aged between 0 and 6 years are eligible to receive a childcare allowance of TWD 10,000 per child per year, to be paid annually in October of each year.

Employee costs

  • Labor Insurance – 2.5%
  • Health Insurance – 1.55% (applicable to income between TWD 28,590 and TWD 313,000)
  • Employment Insurance – 0.20%

Payroll

The payroll process in Taiwan involves calculating net salary by deducting gross deductions, such as withholding taxes and social security contributions, from the gross salary, which includes regular income, allowances, and bonuses. 

Payroll cycle

The payroll cycle is typically monthly, with salaries disbursed on the 15th of each month.

Payroll calculations

Employers must adhere to Taiwan’s payroll regulations, which mandate contributions to Labor Insurance, Health Insurance, Employment Insurance, and Pension Funds, with specific rates for both employers and employees.

Compliance requirements

Employers must file payroll taxes with the National Taxation Bureau by May 31st of the following year and ensure compliance with labor laws, including providing payslips that detail taxable income, social security, and other deductions.

Additional payments

13th Salary

The 13th-month salary is not mandatory in Taiwan. Employers, however,  often provide a 13th-month salary during the Lunar New Year. If offered, the amount is usually equivalent to one month’s salary and is subject to standard income tax and social insurance deductions.

Bonuses

In Taiwan, bonuses are not mandatory unless explicitly stipulated in an employee’s contract. The 14th-month bonus, often given during other festivals like the Dragon Boat Festival or Mid-Autumn Festival, is also not obligatory.

Commissions

Sales roles and other performance-based positions often include commissions as part of their compensation structure.

Other allowances

Typical allowances given to employees are for housing and meals. 

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Taxes

In Taiwan, employee income taxation is based on residency status and the source of income. Resident individuals are subject to progressive tax rates while non-resident individuals residing in Taiwan for less than 90 days are subject to an 18% withholding tax on salary from Taiwan-registered entities, while those staying between 90 and 183 days face a flat 18% tax on Taiwan-sourced income. 

Additionally, Taiwan imposes an Income Basic Tax (IBT) at a flat rate of 20% on residents with foreign-sourced income exceeding TWD 1 million and basic income above TWD 7.5 million.

Employee Income Tax

The tax rates are progressive, ranging from 5% to 40%, depending on taxable income, which is calculated by subtracting standard, special, and personal exemptions.

Income Tax

  • 5% 0 TWD – 590,000 TWD
  • 12% 590,001 TWD – 1,330,000 TWD
  • 20% 1,330,001 TWD – 2,660,000 TWD
  • 30% 2,660,001 TWD – 4,980,000 TWD
  • 40% 4,980,001 TWD and over

Employment eligibility

When an expatriate employee is posted to Taiwan, the employer must obtain a work permit (valid for up to five years) on the employee’s behalf, and the employee must obtain a visa from a representative office in the home country or (if already in Taiwan) from the Bureau of Consular Affairs.

Employers can only hire foreign workers if they have been unable to find sufficient numbers of local nationals to meet their recruiting needs.

Visa

Taiwan offers several types of work visas, including the Standard Work Visa, Employment Gold Card, Entrepreneur Visa, and Working Holiday Visa, each catering to different professional needs. To obtain a work visa, foreign nationals must secure a work permit from their employer, which is typically granted to professionals in specific industries such as engineering, healthcare, and academic research. Applicants must also have a valid job offer, a bachelor’s degree or equivalent experience, and at least five years of relevant work experience. The Employment Gold Card simplifies the process for high-level professionals by combining work permit, resident visa, and reentry permit into one document.

Once the work visa is granted, the individual must apply for an Alien Resident Certificate (ARC) within 15 days to legally reside in Taiwan for more than 180 days. The entire process is regulated by Taiwan’s Ministry of Interior and the National Immigration Agency.

Visa types

  • Working Holiday Visa
  • Resident Visa

Compliance requirements

  • Completed and signed application form
  • 2 passport-sized photos taken within the past 6 months
  • A passport valid for at least 6 more months with at least  3 blank pages
  • A health certificate issued in the past 3 months
  • Any additional documents based on profession
  • A work permit (every employee must obtain a work permit before issuance of a visa).

Background check

In Taiwan, background checks are a critical component of the work visa application process, particularly for obtaining an Alien Resident Certificate (ARC). Applicants are typically required to provide a nationwide criminal record certificate from their home country, such as an FBI clearance for U.S. citizens, which must be issued within the last year and include records from the past five years. This document must often be accompanied by a Chinese translation and verified by the relevant authorities, such as the ROC’s overseas missions or the Ministry of Foreign Affairs. Additionally, employers in Taiwan must adhere to strict data protection laws, including the 2023 Personal Data Protection Act, which mandates obtaining explicit consent from candidates before conducting any background checks.

Need a background check?

We can help you! Contact us!

Benefits

In Taiwan, employee benefits are governed by a comprehensive framework of mandatory and optional provisions designed to ensure financial security and workplace stability. Mandatory benefits include social security programs, unemployment support, and medical coverage. Employers are also required to provide minimum wage, annual paid leave, maternity leave and sick leave. Additionally, Taiwan’s labor laws mandate contributions to pension funds and health insurance, with employers typically covering a significant portion of these costs. Optional benefits often include housing allowances, meal subsidies, transportation allowances, and supplementary insurance plans.

Private health insurance

Employers offer private medical insurance coverage to provide additional benefits and flexibility in healthcare choices.

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Key statutory benefits include Labor Insurance (LI) and Employment Insurance (EI), which cover a range of protections including retirement benefits, unemployment support, and medical coverage. 

Mandatory benefits in Taiwan

  • Labor Insurance (LI)
  • Employment Insurance (EI)

Working hours

The standard workweek is 40 hours, the standard workday 8 hours. Every employee is entitled to a break of at least 30 minutes after working four continuous hours. The break can be rescheduled if work cannot be interrupted.

Working hours per day

Standard working hours are 8 hours per day. The standard workweek is from Monday to Friday. 

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Overtime payment is not mandatory. Overtime can be agreed upon between an employer and employee in an employment agreement.  

Leave

Employers are also required to provide annual paid leave, maternity leave (eight weeks at full pay), and sick leave (up to 30 days annually, with 15 days fully paid). 

Annual leave

Employees who have worked for the same employer for at least a year are entitled to paid annual leave based on their years of service, starting with three days’ leave for those with at least six months but less than one year of service, increasing to seven days after 12 months, 10 days after two years, 14 days after three years, and 15 days after five years, with an additional day of leave granted for each year of service over 10 years, up to a maximum of 30 days’ leave. In the event of an emergency, an employer may suspend a worker’s planned leave but must compensate the employee with double their regular wages for work during that period and ensure the leave is granted once the emergency has concluded.

Sick leave

Regular sick leave may not exceed 30 days in one year. If the employee is hospitalized, he or she is entitled to unpaid sick leave of up to one year in any two years. The employee is paid half his or her regular salary during the 30 days’ leave, either from the government’s labor insurance fund alone or in part from the fund and in part by the employer. If the employer does not pay for sick leave, payment from the government’s labor insurance fund begins on the fourth day of sickness.

Parental leave

Parents can apply for up to two years of unpaid parental leave before their child reaches the age of three, provided they have worked for at least six months and their spouse is also employed. During this leave, they may receive a parental leave allowance of 80% of their insured salary for up to six months.

Paternity leave

An employee whose spouse is in labor is entitled to seven days off as paternity leave.

Maternity leave

Eight weeks’ maternity leave is mandatory for full and part-time employees. A woman who has been employed for more than six months is paid her regular wage during maternity leave. If she has been employed less than six months, she is paid at half her regular wage. In addition, a maternity grant equal to one month’s earnings is paid following the birth of the child.

Pregnant employees must be granted five days of leave for pregnancy check-ups, during which regular wages must be paid. An employee with a child under the age of 1 is entitled to two 30-minute rest periods with pay to breast-feed her baby. Employees with children under the age of 3 and with more than one year of service may take unpaid parental leave for up to two years.

Other types of leave

In Taiwan, marriage leave is a statutory benefit provided under the Labor Standards Act. Employees are entitled to eight days of fully paid wedding leave upon getting married. This leave is intended to be used within three months from the date of marriage. In addition, female employees are entitled to one day of menstrual leave per month, which is partially paid, with employees receiving 50% of their regular wage for the day off.

Bereavement leave

Employees are entitled to 8 days of paid leave for the death of a parent, spouse, or child. For the death of grandparents, siblings, or parents-in-law, employees are entitled to 3 days of paid leave

Family & domestic violence leave

In Taiwan, there is no specific mandatory leave provision explicitly designated for family or domestic violence under the current labor laws. However, employees may utilize other types of leave, such as sick leave or compassionate leave, to address situations arising from domestic violence. 

Termination

Termination must comply with strict legal conditions, and employers must adhere to redundancy and dismissal protocols, including providing notice and severance pay. Employee dismissal must be according to the Labour and Standards Act (LSA). 

Termination process

In Taiwan, the termination process is strictly regulated by the Labour Standards Act (LSA), which outlines specific grounds for both voluntary and involuntary termination. Employers can terminate employees only under statutory conditions specified in Article 11 (layoff with notice and severance pay) or Article 12 (dismissal without notice or pay) of the LSA. Employers must provide prior notice for layoffs, calculate and pay severance based on years of service, and document the termination process thoroughly to avoid disputes. 

Termination reasons

Valid reasons for layoff include business suspension, operating losses, force majeure, workforce reduction due to business changes, or unsatisfactory job performance. For dismissal, grounds include misconduct, fraud, or serious breaches of employment terms.

Notice period

The minimum notice period starts at 0 days and increases based on the duration of employment, with no notice required for continuous employment of less than 3 months, 10 days for at least 3 months but less than 1 year, 20 days for at least 1 year but less than 3 years, and 30 days for employment of 3 years or more.

Severance Pay

Employees who started working prior to the implementation of the 2005 Labor Standards Act are eligible for a severance payment equal to one month’s salary for each year of uninterrupted service. Those who began their jobs after the Act came into effect are entitled to a severance package amounting to half a month’s pay for every year of continuous work.

Probation period

The length of the probation period can be agreed upon by the employer and the individual employee. A 3-6 months trial period is commonly used.

Probation Period days

  • 90 days Minimum probation period
  • 120 days Maximum probation period

Ready to hire in Taiwan?

Employing in Singapore

Employing in Singapore involves navigating a robust and regulated labor market. The payroll process in Singapore requires adherence to specific regulations, including the Central Provident Fund (CPF) contributions and income tax deductions. The Employment Act provides protections for employees, regulating working hours, leave entitlements, and termination procedures. Overall, hiring in Singapore demands compliance with local laws and regulations, alongside a focus on digital transformation and specialized skills to remain competitive.

Onboarding time

2-5
business days

Minimum Wage

not set

Employer costs

17.25%
of salary

Employee costs

20%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 48-72 hours. 

Minimum Wage

While there is no minimum wage, the Progressive Wage Model (PWM) serves as a guideline for fair compensation. 

Employer costs

Employee costs

  • Central Provident Fund (CPF): 20%

Payroll

The payroll process in Singapore involves several key steps and compliance requirements. The actual payroll processing stage involves calculating gross pay based on salary, overtime, and other earnings, followed by determining deductions for taxes and contributions. Employers must issue itemized payslips to employees, detailing earnings and deductions. Additionally, employers must submit statutory contributions and file annual reports with the Inland Revenue Authority of Singapore (IRAS) by March 1st each year.

Payroll cycle

Employers must pay salaries at least once a month, within seven days of the end of the salary period, with overtime payments due within 14 days.

Compliance requirements

Statutory deductions, like Central Provident Fund (CPF) contributions and the Skills Development Levy (SDL), are also part of the payroll process. Both employers and employees contribute to the CPF, while SDL is levied against the employer. Additionally, employers must remit payments to relevant authorities by specific deadlines to avoid penalties.

Payroll calculations

The process begins with gathering employee details, such as residency status and salary information. Next, salaries are calculated, including gross pay, overtime, and mandatory deductions.  

Additional payments

13th Salary

Singapore’s labor code does not address bonuses, although it is common for employers to voluntarily provide an extra month’s wage payment.

Bonuses

Singapore’s labor code does not address bonuses, although it is common for employers to voluntarily provide an extra month’s wage payment.

Commissions

Commissions are commonly used in Singapore, particularly in industries such as sales, recruiting, finance, and real estate. 

Other allowances

In Singapore, common allowances include transport allowance, meal allowance, and overtime allowance.

Taxes

Singapore’s taxation system is characterized by a territorial basis, where taxes are levied on income earned within or derived from Singapore. Individual income tax rates are progressive, with different rates applicable to residents and non-residents.

Employee Income Tax

Resident individuals are taxed on a progressive scale ranging from 0% to 24%, with personal reliefs and deductions available to reduce taxable income. Non-resident individuals face a flat tax rate of 24% on most income types, except for employment income, which is taxed at either a flat 15% or the progressive resident rates, whichever is higher.

Income Tax

  • 0% 0 SGD – 20,000 SGD
  • 2% 20,001 SGD – 30,000 SGD
  • 3.5% 30,001 SGD – 40,000 SGD
  • 7% 40,001 SGD – 80,000 SGD
  • 11.5% 80,001 SGD – 120,000 SGD
  • 15% 120,001 SGD – 160,000 SGD
  • 18% 160,001 SGD – 200,000 SGD
  • 19% 200,001 SGD – 240,000 SGD
  • 19.5% 240,001 SGD – 280,000 SGD
  • 20% 280,001 SGD – 320,000 SGD
  • 22% 320,001 SGD and over

Employment eligibility

In Singapore, employment eligibility for foreign workers is primarily governed by the Employment Pass (EP) and other work passes. To be eligible for an EP, applicants must have a job offer from a Singapore-registered company, typically in managerial, executive, or specialist roles. As of January 2025, new EP applicants in non-financial sectors must earn at least S$5,600 per month, while those in financial sectors require a minimum of S$6,200. These salary requirements increase with age.

Additionally, applicants must possess acceptable qualifications, such as a good university degree, and meet the Complementarity Assessment Framework (COMPASS) criteria, which evaluates factors like salary, education, and support for local employment. Employers or appointed agents must apply for the EP on behalf of the applicant. Other passes, like the S Pass, are available for semi-skilled workers with lower salary thresholds and specific educational requirements.

Visa

As of January 2025, new EP applicants in non-financial sectors must earn at least S$5,600 per month, while those in financial sectors require a minimum of S$6,200.

These salary requirements increase with age. Additionally, applicants must possess acceptable qualifications, such as a good university degree, and meet the Complementarity Assessment Framework (COMPASS) criteria, which evaluates factors like salary, education, and support for local employment. Employers or appointed agents must apply for the EP on behalf of the applicant.

Other passes, like the S Pass, are available for semi-skilled workers with lower salary thresholds and specific educational requirements.

Visa types

Singapore offers several types of work visas and permits for foreign nationals seeking employment in the country. Here are some of the main types:

Types of Work Visas

  • Passes for professionals: Employment Pass, EntrePass, Personalized Employment Pass,
  • Overseas Networks & Expertise Pass (ONE Pass).
  • Passes for skilled and semi-skilled workers (S Pass and other work permits)
  • Short-term visit passes (STVP)

Compliance documents types

  • hold a valid passport
  • be at least 18 years of age
  • be qualified for the role (with supporting documents from accredited institutions)
  • only work within the scope of their role.

Background check

In Singapore, visa-related background checks are not explicitly detailed as a standalone process but are integral to ensuring compliance with immigration regulations. Employers often conduct background checks to verify a candidate’s qualifications and history, which may include verifying the right to work in Singapore.

For foreign workers, obtaining a work pass requires employment verification proof from an accredited background screening provider, as mandated by the Ministry of Manpower.

While the focus is more on general background checks, such as criminal records and employment history, ensuring that foreign employees have valid work passes is crucial to avoid legal issues.

Visa requirements themselves are more about pre-entry permissions rather than background checks, but employers must ensure that all foreign employees comply with immigration laws to avoid penalties.

Need a background check?

We can help you! Contact us!

Ready to Hire in Singapore?

Benefits

Employee benefits in Singapore are a combination of mandatory and voluntary offerings. Mandatory benefits include contributions to the Central Provident Fund (CPF), which covers retirement, healthcare, and housing needs. Other compulsory benefits include workers’ compensation insurance, maternity and paternity leave, and annual leave.

Voluntary benefits often offered by employers include private health insurance, life insurance, additional paid vacation days, stock options, and bonuses. 

Private health insurance

Private health insurance in Singapore is designed to cover healthcare costs not fully covered by Social Security Organization (SOCSO), which is a compulsory program for work-related accidents and diseases. It provides additional benefits and flexibility in healthcare choices.

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Statutory benefits include contributions to the Central Provident Fund (CPF), compensation insurance, maternity and paternity leave, and annual leave.

Mandatory benefits in Singapore

  • Central Provident Fund (CPF),
  • Compensation insurance
  • Maternity leave
  • Paternity Leave
  • Annual Leave

Working hours

The standard workweek is 44 hours, the standard workday is 9 hours. The standard workweek is from Monday to Friday.

Working hours per day

The standard workday is 9 hours.

Working hours per week

The standard workweek is 44 hours.

Overtime pay

Overtime payment is not mandatory and is assumed included in employee salary.

Leave

In Singapore, mandatory leaves are governed by the Employment Act, which provides statutory entitlements for employees. Employees who have worked for at least three months are entitled to paid annual leave and paid outpatient sick leave.

Female and male employees are entitled to maternity leave and paternity leave, respectively, for Singaporean children. Singapore also mandates 11 paid public holidays annually, with additional compensation if an employee works on these days.

Annual leave

Employees who have worked for an employer for at least three months are entitled to seven days’ paid annual leave and accrue one additional day for each subsequent year of service after the first up to a maximum 14 days of paid annual leave.

An employee who has completed at least three months of service in a given calendar year is entitled to leave in proportion to the number of months of service completed in that year.

An employee forfeits annual leave if absent from work without the employer’s permission or without a reasonable excuse for more than 20 percent of the working days in the months or year in which the entitlement to leave accrues.

The employer must allow the employee to take leave within 12 months of its accrual. Any leave not taken within 12 months of accrual is forfeited.

Sick leave

Following an examination at the employer’s expense by a medical practitioner of the employer’s choosing, an employee with at least six months’ service is entitled to paid sick leave up to 14 days per year if no hospitalization is required. If hospitalization is required, sick leave is limited to the lesser of 60 days or 14 days plus the number of days the employee was hospitalized.

An employee with at least three months’ service but less than six months’ is entitled to sick leave proportionate to the time worked.

An employee whose sick leave has not been certified by a medical practitioner or who has failed to notify the employer within 48 hours of beginning sick leave is deemed to be away from work without permission and without a reasonable excuse.

Parental leave

There is no parental leave currently required by law.

Maternity leave

Female employees are entitled to 16 weeks of paid maternity leave if they have worked for their employer for at least three months and the child is—or will be—a Singapore citizen.

The first eight weeks of leave are paid by the employer; the remaining eight weeks are paid by the government. The paid benefit is capped at S$10,000 per month.

A woman qualifies for only 12 weeks’ leave if she has worked for her employer less than three continuous months or if her child is not a Singaporean citizen. She will receive eight weeks’ pay from her employer if she has fewer than two living children of her own at the time of delivery. The remaining four weeks are unpaid.

Paretnity leave

Fathers are entitled to a paternity leave of two weeks in Singapore. In order to meet the requirements of government-paid paternity leave, the child must be a

Singapore citizen and the father must have been legally married to the mother between the conception and birth of the child.

Paternity leave is applicable even when the child is adopted, as long as the child is a Singapore citizen. Managers earning more than SGD 4,500 per month are covered by specific terms of the employment contract.

Other types of leave

Long service leave

Currently, there is no law requiring additional leaves relative to long service leave.

Compassionate leave

Currently, there is no law requiring compassionate  leave.

Family & domestic violence leave

Currently, there is no law requiring domestic violence leave.

Termination

In Singapore, the termination of employment can be initiated by either the employer or the employee, with both parties required to follow the terms outlined in the employment contract. Notice periods are typically specified in the contract, but if not, they follow statutory guidelines.

Employers must have just cause for termination and provide a termination letter. Upon termination, employees are entitled to accrued benefits, salary up to their last day, and any contractual payments. Foreign employees’ work passes must be canceled within seven days of termination. 

Termination process

The termination process involves several key steps and considerations. Either the employer or employee can initiate termination by providing written notice, as stipulated in the employment contract or the Employment Act. Employers can terminate contracts without cause by giving notice or paying in lieu of notice, while summary dismissal for misconduct can occur without notice.

Termination letters are mandatory for formalizing the process. In cases of retrenchment, employers must comply with statutory requirements, including notifying the Ministry of Manpower and providing support services. Employees who feel wrongfully dismissed can file claims with the Tripartite Alliance for Dispute Management within one month of their last day of work. 

Termination reasons

Valid reasons for dismissal include misconduct, poor performance, and redundancy.

Notice period

In Singapore, the statutory notice period varies based on the length of employment. For employees with less than 26 weeks of service, a one-day notice is required.

Those employed for 26 weeks or more but less than two years must provide one week’s notice. Employees with two to five years of service need to give two weeks’ notice, while those with five years or more of employment must provide four weeks’ notice.

Severance Pay

In Singapore, there is no obligation to pay severance.

Probation period

In Singapore, probation periods are not mandatory, but common practice is from three to six months.

Probation Period days

  • 90 days Minimum probation period
  • 180 days Maximum probation period

Ready to hire in Singapore?

Employing in Australia

Team APAC makes employment in Australia effortless. We handle payroll, compliance, contracts, and everything in between—all at unbeatable rates.

Onboarding time

2-5
business days

Minimum Wage

$24.10
per hour

Employer costs

18.45%
of salary

Employee costs

2%
of salary

Onboarding time

We can help you get a new employee started in Australia fast. The minimum onboarding time we need is only 48 hours.

Our team ensures fast, compliant employee onboarding and payroll processing. The onboarding timeline starts once the employee submits all required information via the Team APAC platform.

For non-nationals, a Right to Work assessment (if applicable) will extend the process by three days, with possible additional time for follow-ups. Please note:
Payroll cut-off dates may impact the first day of employment.

Minimum Wage

From 1 July 2024, the National Minimum Wage is $24.10 per hour or $915.90 per 38-hour week (before tax).

Employer costs

  • 5.45% Payroll Tax (varies by state)
  • 1.50% Accident Insurance (rate may vary)
  • 11.50% Superannuation (capped at 30,000 AUD per year)
  • 18.45% Total employer Cost*

Employee costs

Payroll

The payroll process in Australia involves several steps and regulations that employers must follow to ensure compliance with national laws and standards.

Payroll cycle

In Australia, common payroll cycles include weekly, bi-weekly, and monthly payments. There are no strict legal requirements for pay schedules, but typical monthly payments occur between the 28th and 30th of the month.

Calculating payroll involves determining gross pay, subtracting pre-tax deductions (such as superannuation), deducting taxes, and then subtracting after-tax deductions (like union fees).

Payment to local authority

ATO
  • Small withholders up to AUD: 25,000 pa – 28 days from quarter end
  • Medium withholders AUD 25,001- 1000,000 pa- 21 days from EOM
  • Large withholders >100,000 pa – Monday/Thursday about 1 week from payment
  • EFT/BPAY/Australia Post – can use wire as well
  • AUD
Workers compensation
  • Annually
  • BPAY
  • AUD
Super
  • Monthly or quarterly.
  • If quarterly, 28th day after the end of the each quarter
  • Direct Debit/EFT/BPAY
  • AUD

Additional payments

Other Allowances

It is common practice to provide an allowance to employees rather than purchasing health insurance plans on the employees’ behalf. This is to avoid paying relatively high fringe benefits tax.

Bonuses

Although not required by law, performance-based bonus schemes are common in Australia. About 34% of Australian professionals received a bonus. Bonuses typically range from 1% to 10% of the base salary, with decent bonuses averaging between 6% and 10%.

Taxes

Employers in Australia are required to pay payroll tax on wages, benefits, and superannuation contributions made to or on behalf of their employees. Australia utilises a progressive tax system, meaning that as taxable income increases, so does the tax rate. 

Employee Income Tax

Employee income tax rates are standardised Australia-wide. Taxable income for individuals is taxed at progressive rates, ranging from 0 to 45%, in addition to a 2% Medicare levy. Depending on your income and whether you have private health insurance, you might also have to pay the Medicare levy surcharge.

Income Tax

  • 0% 0 AUD – 18,200 AUD
  • 16% 18,201 AUD – 45,000 AUD
  • 30% 45,001 AUD – 130,000 AUD
  • 37% 135,001 AUD – 190,000 AUD
  • 45% 190,001 AUD and over

State payroll tax

ACT payroll tax
  • 6.85% state payroll tax
  • $2 million annual threshold triggering income tax
QLD payroll tax
  • 4.75% for employers with $6.5 million or less in Australian taxable wages
  • 4.95% for employers with more than $6.5 million in Australian taxable wages
  • Regional employers may be entitled to a 1% discount on the rate until 30 June 2023
NSW payroll tax
  • 4.85% state payroll tax
  • $1.2 million annual threshold triggering income tax
NT payroll tax
  • 5.5% state payroll tax
  • $1.5 million annual threshold triggering income tax
SA payroll tax
  • 4.95% where taxable income exceeds $1.5 million
  • $1.5 million annual threshold triggering income tax
TAS payroll tax
  • 4% where taxable income exceeds $1.25 millions
  • 6.1% where taxable income exceeds $2 million
  • $1.25 million annual threshold triggering income tax
VIC payroll tax
  • 4.85% state payroll tax
  • 2.425% for regional areas
  • 1.2125% for regional bushfire affected areas
  • $650,000 annual threshold triggering income tax
WA payroll tax

Until July 1, 2023, payroll tax in WA is calculated on a tiered rate scale that gradually increases the tax rate to a maximum of 6.5% for employers with annual Australian taxable wages of more than $1 million.

Employment eligibility

To be eligible to work in Australia, individuals must meet specific criteria based on their status or the type of visa they hold.

Visa


Here are the main groups eligible to work in Australia:

  • Australian Citizens: They have an unrestricted right to work in Australia.
  • Australian Permanent Residents: They also have the right to work without restrictions.
  • New Zealand Citizens: Those holding a Special Category (subclass 444) visa can work freely in Australia. However, to become permanent residents, they must meet additional criteria, such as living in Australia for at least five years and meeting health and character requirements.
  • Visa Holders – IIndividuals holding a valid Australian visa that includes work entitlements are also eligible to work. However, the specific work rights depend on the type of visa held

Visa types

  • Temporary Skill Shortage (TSS)
  • Working Holiday Subclass 417 & 462 Visa
  • Training Visa Subclass 407 Visa
  • Short Stay Specialist Subclass 400 Visa
  • Sponsorship Licenses

Background check

Visa applications often require various types of background checks to ensure the applicant meets the necessary legal and security standards. Among these, police checks are mandatory for most visa categories, such as work visas and permanent residency.

These checks are designed to identify any criminal history that could pose a risk. For instance, individuals who have lived in Australia for 12 months or more within the past decade must undergo an Australian Federal Police (AFP) check, which examines Commonwealth police records for federal convictions.

Additionally, a National Police Check might be required for applicants who have recently moved to Australia or are applying for specific visa types. This involves a search of the national criminal record database in the applicant’s home country.

Another critical component is the character assessment, which relies on police checks to evaluate whether an applicant satisfies the character requirements outlined by Australian immigration laws. 

Compliance documents types

  • Proof of employment eligibility
  • Fair Work Information Statement
  • Tax file number declaration
  • Passport / ID
  • Bank Statement
  • Superannuation (super) standard choice form
Need a background check?

We can help you! Contact us!

Ready to Hire In Australia?

Benefits

In Australia, various employee benefits are mandated by the National Employment Standards (NES) and other relevant legislation. Employers are required to contribute a minimum of 11.5% of an employee’s salary to their superannuation fund, with this rate set to increase to 12% by July 1, 2025. Employees are also entitled to specific leave entitlements, such as paid annual leave and paid sick leave per year. Additionally, employers must provide workers’ compensation insurance to protect employees against work-related injuries or diseases.

Private health insurance

Private health insurance in Australia is designed to cover healthcare costs not fully covered by Medicare, the country’s public healthcare system. It provides additional benefits and flexibility in healthcare choices

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Medicare is Australia’s universal public health insurance system, which provides eligible individuals with access to free or low-cost medical services. Workers Compensation Insurance, on the other hand, is meant to cover employees who are injured or become ill due to their work.

This insurance provides financial support for medical treatment, rehabilitation, and lost wages while the employee is unable to work. As regards retirement, the Age Pension is a government-funded retirement income support for eligible Australians who have reached the qualifying age.

Last, the Superannuation Guarantee (SG) is a compulsory pension scheme where employers must contribute a percentage of an employee’s earnings to a superannuation fund.  The Superannuation Guarantee is designed to help employees save for retirement.

Mandatory benefits in Australia

Working hours

The standard workweek is 38 hours, the standard workday 7.6 hours. Employers may require employees to work additional hours if they are “reasonable.” Employers and employees may agree in writing to average their ordinary hours of work over as many as 26 weeks. Employers must consult employees regarding changes in working hours.

Working hours per day

The standard workday 7.6 hours.

Working hours per week

The standard workweek is 38 hours.

Overtime pay

Employers may require employees to work additional hours if they are “reasonable.” There are no federal or state laws setting a standard for overtime pay rates, which are established in collective bargaining agreements. 

Leave

Other mandatory benefits include parental leave. Long service leave varies by state and territory but generally provides additional leave after a long period of service. Statutory leave entitlements include public holidays and other forms of leave as outlined in the Fair Work Act. 

Annual leave

Full-time employees are entitled to four weeks of paid annual leave. There is no qualifying period that must be met to be eligible for annual leave. Leave accrues progressively during the year and can be accumulated from year to year. Employees are paid their base rate of pay when taking annual leave and may receive pay in lieu of taking vacation for any annual leave over four weeks. 

Some companies provide 25 to 30 days of vacation per year as an additional benefit. Employees who have worked for the same employer for a number of years may be entitled to paid long-service leave. Casual employees do not receive paid annual leave.

Personal/Carer’s leave

Full-time and part-time employees receive 10 days of paid sick leave per year. Casual employees are not entitled to paid sick leave.

Parental leave

Employees are entitled to 12 months of unpaid parental leave, with the option to request an additional 12 months. Eligible employees may receive up to 20 weeks of paid parental leave at the national minimum wage.

Maternity leave

There is no specific statutory requirement for maternity leave, but The Paid Parental Leave Amendment 2022 amends the Fair Work Act 2009 to add two weeks’ father and partner pay to provide a single 20-weeks of paid parental leave, to be shared between each parent. Beginning July 1, 2023, parents will be able to receive a maximum of 18 weeks’ parental leave pay each, and a maximum of 20 weeks’ parental leave pay between them.

Other types of leave

Long service leave

Australian employees are entitled to long service leave after a significant period working for the same employer. Long service leave laws are determined by each state or territory. These laws outline how long an employee has to be working with the same employer to trigger long service leave and how much leave is acquired.

Compassionate leave

All employees, including casuals, are entitled to compassionate leave of up to two days per occasion. However, only full-time and part-time employees receive paid compassionate leave, while casual employees receive unpaid leave. This leave may be availed in case of demise of an immediate family member, which  includes spouses, de facto partners, children, parents, grandparents, grandchildren, siblings, and their equivalents for spouses or de facto partners.

Family & domestic violence leave

All employees covered by the national industrial relations system, including full-time, part-time, and casual are entitled to Family and Domestic Violence Leave of 10 days per year. It is a leave designed to support employees experiencing family and domestic violence. This leave allows them to take time off work without losing income or their job, enabling them to address the impacts of violence safely. This leave does not accrue and resets annually on the employee’s work anniversary.

Some states offer additional entitlements. In South Australia, state and local government employees can access up to 15 days of paid leave annually.

Termination

Except when employees are guilty of gross or serious misconduct, employers must give notice before unilaterally terminating them. The legal minimum notice ranges from one week to four weeks, depending on the worker’s length of service. If the employer chooses to pay the employee instead of giving notice, it must pay the amount the worker would have earned had he or she worked until the end of the notification period.

Termination process

Terminations in Australia are complex and do not allow for at-will employment outside of the probation period. Employers must have just cause to terminate an employee. Compliant terminations can occur in several ways.

They can be voluntary, initiated by the employee, or by mutual agreement between the employer and employee. Employers can also unilaterally terminate employment during the probation period, based on objective grounds, or for disciplinary reasons.
Additionally, terminations can occur due to performance issues if an employee is deemed unsuitable for the job. Lastly, employment can end naturally with the expiration of a contract.

Termination reasons

In Australia, the grounds for terminating an employment contract are primarily governed by the Fair Work Act 2009. There are several valid reasons for termination. One of these is capacity, which involves situations where an employee lacks the ability to perform their job duties.

Another reason is performance, where employers can dismiss employees for unsatisfactory performance, but only after providing them with warnings and opportunities for improvement.

Misconduct is also a valid ground for termination, encompassing both serious and lesser forms. Serious misconduct, such as theft or assault, can lead to immediate termination without notice. In contrast, lesser misconduct requires a more formal disciplinary process. Lastly, redundancy is a valid reason for termination if a job is no longer needed due to operational changes, technological advancements, or business restructuring.

Notice period

The minimum notice period for employees is one week, with the duration increasing based on the length of employment. For those employed for less than a year, the notice period remains at one week. Employees who have been with the company for between one and three years are entitled to two weeks’ notice.

This increases to three weeks for those employed between three and five years. Once an employee reaches five years of service, they are entitled to four weeks’ notice. Additionally, there is a special provision for employees over 45 years old who have worked for the same employer for at least two years; they receive an extra week of notice.

Severance Pay

Severance pay is determined by the number of years an employee has worked at the company. Employees who have been with the company for less than a year are not eligible for severance pay. Those who have worked between one and two years receive four weeks of severance pay.

The amount increases to six weeks for employees with two to three years of service, and seven weeks for those with three to four years. Employees with four to five years of service receive eight weeks, while those with five to six years receive ten weeks.

The severance pay continues to increase: six to seven years of service yields eleven weeks, seven to eight years yields thirteen weeks, and eight to nine years yields fourteen weeks. Finally, employees who have been with the company for more than ten years are entitled to sixteen weeks of severance pay.

Probation period

In Australia, a probationary period is a common practice used by employers to assess new employees’ suitability for a role. This period is not mandatory but is often included in employment contracts to provide both parties with an opportunity to evaluate their compatibility.

Probation Period days

  • 90 days Minimum probation period
  • 180 days Maximum probation period

Ready to hire in Australia?

Employing in Japan

Employment in Japan is primarily governed by the Japanese Civil Code and the Labor Standards Act of 1947, which collectively establish comprehensive protections and rights for the country’s workforce. These laws ensure minimum standards for working conditions, including regulations on working hours, overtime, and paid leave, while also safeguarding employees against discrimination based on age, religion, sexual orientation, gender expression, and race.

Onboarding time

2-5
business days

Minimum Wage

¥1004 – ¥1163
per hour

Employer costs

16.55%
of salary

Employee costs

15.265%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 72 hours. 

Minimum Wage

As of October 2024, the minimum wage in Japan has seen a record increase of JPY 50, raising the national average from JPY1,004 to JPY1,054 per hour. The minimum wage varies by prefecture, with Tokyo having the highest at JPY1,163, followed by Kanagawa at JPY1,162 and Osaka at JPY1,114. In 16 other prefectures, primarily in major metropolitan areas, the minimum wage exceeds JPY1,000, while 12 prefectures in regions like Tōhoku, Kyūshū/Okinawa, and Shikoku have wages below JPY950.

Employer costs

  • Health Insurance – 4.95% 
  • Pension Insurance – 9.15% 
  • Unemployment insurance – 0.95%
  • Long Term Care insurance (over 40 only) – 0.80%
  • Workers Compensation Insurance – 0.30%
  • Contributions to Childcare – 0.36%
  • Asbestos Contribution – 0.002%

Employee costs

  • Health Insurance (Shakai Hoken) – 4.95% (which may differ depending on the insurance provider and the employer’s location).
  • Welfare Pension Insurance (Kosei Nenkin) – 9.15%
  • Employment Insurance (Kōyo Hoken) – 0.3%
  • Long-Term Care Insurance (Kaigo Hoken) – 0.865%

Payroll

The payroll process in Japan involves a structured approach to calculating and disbursing employee salaries, adhering to strict local labor laws and tax regulations. Bonuses, commonly paid in June and December, are also factored into payroll calculations. Detailed payslips are mandatory, breaking down gross salary, deductions, and net pay. 

Payroll cycle

Salaries are typically paid monthly, often on a fixed date like the 25th, via direct bank transfer. 

Payroll calculations

Employers must withhold income taxes, social insurance premiums (including health insurance, pension, and employment insurance), and resident taxes from gross salaries, which include base pay, overtime, and allowances.

Compliance requirements

Employers are required to maintain comprehensive payroll records for at least three years and submit periodic reports to tax and social insurance authorities. 

Additional payments

13th Salary

The nation does not have a mandated 13th-month bonus. 

Bonuses

Bonuses in Japan are typically semi-annual, with summer bonuses (often referred to as the 13th-month salary) paid in June or July and winter bonuses (14th-month salary) in December. These bonuses are not guaranteed and are often tied to the company’s performance and profitability.

The amount can range from one to six times the monthly salary, depending on factors such as company size, industry, and individual performance. Bonuses are deeply ingrained in Japanese corporate culture and are often seen as deferred payments rather than discretionary rewards.

Commissions

Some roles, particularly in sales, may include performance-based incentives. These are often tied to team or company performance rather than individual achievements.

Other allowances

Businesses based in urban areas usually provide a commuting stipend. Others opt to give housing allowances and holiday bonuses.

Taxes

In Japan, employee income taxation operates under a combination of a withholding tax system and a self-assessment system. Employers withhold income tax from employees’ salaries and wages, along with deductions for social insurance contributions, and submit these amounts to the tax authorities.

Most employees do not need to file a tax return, as their employers handle year-end adjustments to ensure accurate tax payments. 

Employee Income Tax

The tax rates are progressive, ranging from 5% to 45%, depending on taxable income, which is calculated by subtracting various deductions and exemptions from total income.

Income Tax

  • 5% 0 JPY – 1.95 million JPY
  • 10% 1.95 million JPY – 3.3 million JPY
  • 20% 3.3 million JPY – 6.95 million JPY
  • 23% 6.95 million JPY – 9 million JPY
  • 33% 9 million JPY – 18 million JPY
  • 40% 18 million JPY – 40 million JPY
  • 45% 40 million JPY and over

Employment eligibility

Foreign workers seeking employment in Japan must first obtain a Certificate of Eligibility (COE), issued by the Ministry of Justice, which requires a sponsor such as an employer. The COE is a prerequisite for applying for a work visa, which must be done at a Japanese embassy or consulate in the worker’s home country. Foreign workers must adhere to their visa’s permitted activities and notify local authorities of their residence upon arrival.

Visa

Japan offers various work visa types tailored to different professional roles and qualifications. There are specific work visas for various occupations, including options for artists, instructors, journalists, professors, skilled laborers, and more.

The type of permit an employee applies for will determine how long they can remain in Japan. Typically, the length ranges from 3 months to 5 years. 

Visa types

Japan recently introduced specific skills visas, including:

  • Specified Skilled Worker Visa SSW-2: intended to fill employment gaps in certain labor sectors. 
  • Specified Skills Visa 1-SSV1: applicable only to industries, such as shipbuilding, agriculture, nursing care, among others and requires Japanese language tests and technical exams. 
  • Specified Skills Visa 2-SSV2: may be renewed indefinitely; includes privilege to bring family members to Japan.

Compliance requirements

  • Job offer from a Japan-based company
  • Passport
  • Visa application form
  • Photograph

Background check

In Japan, background checks for work visa applicants are conducted with strict adherence to privacy laws and ethical practices. Employers must obtain explicit written consent from candidates before initiating any checks, as mandated by the Act on the Protection of Personal Information (APPI). The process typically involves verifying identity, educational qualifications, employment history, and criminal records, with additional checks like professional licenses or financial stability depending on the industry.

Need a background check?

We can help you! Contact us!

Ready to Hire in Japan?

Benefits

Employee benefits in Japan are a mix of mandatory and supplemental perks designed to support workers’ health, well-being, and financial security. Employers often provide supplemental benefits such as housing allowances, commuting subsidies, family allowances, and annual health check-ups. Additionally, companies may offer group life insurance, long-term disability insurance, and medical top-up plans, with perks like dietary assistance and condolence benefits being common. 

Private health insurance

Employers offer private medical insurance coverage to provide additional benefits beyond the coverage of the public healthcare system.

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Mandatory benefits include health insurance, retirement pensions, disability pensions, workers’ compensation, unemployment insurance, and paid leaves, all of which are governed by national labor laws.

Mandatory benefits in Japan

  • Health Insurance 
  • Pension Insurance 
  • Unemployment insurance 
  • Long Term Care insurance
  • Workers Compensation Insurance

Working hours

The standard workweek is 40 hours, the standard workday 8 hours. Employers must provide workers with at least one rest day per week or at least four rest days during a four-week period. Employers also must provide rest periods of at least 45 minutes if the workday exceeds six hours and at least one hour if the workday exceeds eight hours.

Working hours per day

Standard working hours are 8 hours per day. The standard workweek is from Monday to Friday. 

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Overtime payment is mandatory for non-exempt employees (excluding exempt managers) with hours worked beyond standard work hours classified as overtime, limited to 45 hours per month and 360 hours per year. These standard maximum numbers of overtime hours can be exceeded for a limited period only if an employee and employer sign an agreement allowing the employee to work extended overtime hours. Overtime hours are those that an employee works in excess of 40 hours in a week or eight hours in a day.

The compensation rates for overtime work are as follows: 25% for work exceeding statutory working hours, 50% for work exceeding statutory hours by more than 60 hours in a month, 35% for work on statutory days off, 25% for late-night work between 10 p.m. and 5 a.m., 50% for late-night work exceeding statutory hours, 75% for late-night work exceeding statutory hours by more than 60 hours in a month, and 60% for late-night work on statutory days off.

Leave

In Japan, employees are entitled to paid annual leave. In addition,  the country offers parental leave, with maternity and paternity leaves available in case of childbirth. Public holidays further supplement the leave benefits in Japan.

Annual leave

Employees become eligible for paid vacation after completing six months of service, with the number of vacation days increasing based on their tenure: starting at 10 days after six months, 11 days at 1.5 years, 12 days at 2.5 years, 14 days at 3.5 years, 16 days at 4.5 years, 18 days at 5.5 years, and capping at 20 days after 6.5 years or higher.

Sick leave

Unlike some countries, Japan does not have a statutory sick leave policy.

Parental leave

An employee, male or female, is entitled to up to one year of child care leave after maternity leave ends (see Child care leave below). Both parents have the flexibility to determine how to allocate the time off, which totals 8 weeks following paternity and maternity leave. Either parent is eligible to take this parental leave.

During the first 180 days, social security covers 67% of the salary, and this decreases to 50% for the remaining period. Additionally, the parental leave can be extended for up to 2 years, with compensation set at 50% of the salary throughout the extension.

Maternity leave

Female employees are entitled to take maternity leave for up to six weeks preceding the expected date of birth, up to 14 weeks if expected to give birth to more than one child.

After childbirth, the mother is required to take eight weeks’ leave. The employee will receive 2/3 of the salary during this period, and the labor insurance office will be responsible for this pay.

New mothers are entitled to two 30-minute nursing breaks daily for up to 12 months following childbirth.

Paternity leave

​​There is no statutory requirement for paternity leave in Japan.

Other types of leave

Bereavement leave

Employees are eligible for five days of paid bereavement leave in the event of the death of a first-degree relative, three days for a second-degree relative, and two days for a third-degree relative.

Unpaid leave

Employees are entitled to unpaid leave for child and family care, marriage, and menstruation. 

Family & domestic violence leave

There is no statutory requirement for family and domestic violence  leave in Japan.

Termination

In Japan, employers cannot terminate employees at will after the probation period has ended; termination must be based on just cause. Termination of an employee is invalid if not done on objectively reasonable grounds. 

Termination process

In Japan, the termination of employment is strictly regulated and requires objectively reasonable grounds. Employers must justify dismissals. For indefinite-term contracts, termination due to redundancy is considered a last resort, requiring employers to demonstrate efforts to avoid dismissal through measures like reducing compensation or soliciting voluntary retirement.

Fixed-term contracts can only be terminated before expiration for “unavoidable reasons,” which are interpreted narrowly. If downsizing will result in termination of at least 30 employees from a single workplace within a month, the employer must prepare a termination plan listing the employees to be laid off and detailing any efforts the employer will make to help them find reemployment.

Termination reasons

In Japan, valid reasons include inability to work due to injury, illness, or poor performance; breach of responsibilities such as misconduct or failure to fulfill duties; and economic reasons like redundancy.

Notice period

Generally, an employer must give an employee at least 30 days’ notice of termination or pay the employee 30 days’ wages in lieu of notice. No notice is required if the employee is being terminated for cause or the employee is still on probation.

Severance Pay

In Japan, there are no legal obligations for employers to provide severance payments. However, employees are entitled to their regular salary during the notice period.

Probation period

Probation periods in Japan may last from one to twelve  months.

Probation Period days

  • 30 days Minimum probation period
  • 360 days Maximum probation period

Ready to hire in Japan?

Employing in Hong Kong

Hiring employees in Hong Kong involves navigating a complex legal and cultural landscape. The Hong Kong Employment Ordinance is the primary legislation governing employment relations, ensuring fair contracts, minimum wages, and statutory benefits like the Mandatory Provident Fund (MPF) and Employee’s Compensation Insurance. The city’s dynamic job market, with a highly educated workforce, offers various recruitment channels, including local agencies, online job portals, and government services. Employers must comply with regulations such as obtaining work visas for foreign hires and prioritizing local talent. 

Onboarding time

2-5
business days

Minimum Wage

$42.1
per hour (effective 1 May 2025)

Employer costs

5%
of salary

Employee costs

2%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 48 hours. 

Minimum Wage

As of May 1, 2023, the hourly minimum wage is HK$40.00.

Employer costs

  • estimated at 5% of the employee salary

Employee costs

Mandatory Provident Fund (MPF) – 

  • HK$ 7,100 to HK$ 30,000 – amount of income x 5%
  • more than HK$ 30,000 – $1,500

Employees automatically join a company’s MPF scheme after working for 60 days.

Payroll

The payroll process in Hong Kong is a structured system that ensures compliance with local labor laws and tax regulations. Key components include gross salary, allowances, deductions (such as MPF contributions), and compliance with the statutory minimum wage of HKD 40 per hour. Employers are also responsible for filing annual tax returns (e.g., BIR56A) and providing employees with tax statements. While income tax is not deducted at source, employers must maintain accurate records to support employee tax filings.

Payroll cycle

Payroll is typically processed monthly, with salaries disbursed on the last working day of the month. Salaries must be paid no later than seven days after the end of a wage period.

Payroll calculations

Calculating payroll involves determining gross pay, allowances, deductions (such as MPF contributions), and compliance with the statutory minimum wage of HKD 40 per hour.

Compliance requirements

Employers must first register their business with the Inland Revenue Department (IRD) and the Mandatory Provident Fund (MPF) scheme, which is mandatory for employee retirement contributions.

Additional payments

13th Salary

13th month salary is commonly offered as a year-end bonus, though not mandatory.

Bonuses

Although not required by law, many employers in Hong Kong give employees a bonus at the end of the year. The employment contract may provide, either orally or in writing, for payment of a year-end bonus. If no bonus amount is set forth in the contract, the bonus consists of one month’s pay, equal to the employee’s average monthly pay over the 12-month period prior to payment of the bonus.

Commissions

Commissions are a typical part of remuneration packages in Hong Kong, especially in sales and service industries. They are also legally recognized as part of taxable employment income.

Other allowances

Some companies provide supplemental benefits like tuition reimbursements and transportation stipends.

Taxes

Hong Kong’s income tax system is simple and territorial, taxing only income sourced within the region. Salaries tax is levied on income from employment, pensions, or offices in Hong Kong at progressive rates ranging from 2% to 17%, or a standard rate of 15% on net income, whichever is lower. 

Employee Income Tax

The individual income tax ranges from 2% to 17%. Income tax is calculated according to progressive rates. Multiple additional factors may impact overall rates such as the household status and the number of children.

Income Tax

Net Chargeable Income Tax Rate

  • 2% 0 HK$– 50,000 HK$
  • 10% 100,001 HK$– 150,000 HK$
  • 14% 150,001 HK$– 200,000 HK$
  • 17% 200,001 HK$ and over

Employment eligibility

In Hong Kong, employment eligibility for non-local individuals typically involves obtaining an Employment Visa under the General Employment Policy (GEP). To qualify, applicants must possess special skills, knowledge, or experience that are valuable and not readily available in Hong Kong. They usually need a good educational background, such as a graduate degree, though exceptional technical qualifications or professional achievements may also be considered. There must be a genuine job vacancy, and the applicant must have a confirmed employment offer relevant to their qualifications.

The remuneration package should be comparable to local standards. Employers must demonstrate that they have exerted efforts to recruit locally and provide detailed documentation, including proof of financial standing and efforts to hire locally. Failure to comply with these regulations can result in significant penalties for both employers and employees.

Visa

Various work visas allow individuals to work in Hong Kong under specific conditions.

Background check

Hong Kong has expanded its criminal record check requirements for various visa schemes. As of March 2023, applicants for several talent admission schemes, including the general work visa, tech industry visa, and the admission scheme for mainland Chinese professionals, must declare any prior criminal convictions.

However, it is important to note that while criminal background checks are permissible, employers must be careful not to discriminate against candidates based on spent convictions.

Additionally, employers are required to comply with Hong Kong’s data privacy regulations and obtain explicit consent from candidates before conducting any background checks. 

Need a background check?

We can help you! Contact us!

Ready to Hire with Hong Kong?

Benefits

Hong Kong mandates a comprehensive range of employee benefits under its Employment Ordinance to ensure workers’ welfare and legal compliance. Employers must also provide minimum termination notice and compensation options. Beyond mandatory benefits, companies often offer additional perks like holiday bonuses, dental insurance, tuition reimbursements, and flexible work arrangements to attract talent and remain competitive. Compliance with laws such as the Minimum Wage Ordinance and Employees’ Compensation Ordinance is essential for employers operating in Hong Kong.

Private health insurance

Employers offer private medical insurance coverage or a monthly medical allowance to offset the long wait times for care at all public institutions in the country.

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Key statutory benefits include paid annual leave, sick leave, maternity and paternity leave, and contributions to the Mandatory Provident Fund (MPF) for retirement savings.

Employees are entitled to public healthcare access without deductions from their income. Vacation entitlements start at seven days annually after one year of service, increasing progressively to 14 days after nine years.

Mandatory benefits in Hong Kong

  • Public Healthcare Access
  • Mandatory Provident Fund (MPF)

Working hours

The standard workweek is 40 hours, the standard workday 8 hours. 

Working hours per day

Standard working hours are 8 hours per day. The standard workweek is from Monday to Friday. 

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Overtime payment is not mandatory. Overtime can be agreed upon between an employer and employee in an employment agreement.  

Leave

Many guaranteed benefits apply to employees that work at least 18 hours a week for a period of at least 4 weeks (“continuous contract”) The guaranteed benefits described in the employment laws include: paid annual leave, sick days, and holidays, provident fund contributions, and paid maternity and paternity leave.

Annual leave

An employee’s entitlement to paid annual leave increases progressively with their length of service. Initially, they receive 7 days of paid leave for the first two years. This increases to 8 days after three years, 9 days after four years, 10 days after five years, 11 days after six years, 12 days after seven years, and 13 days after eight years. Once an employee has completed nine or more years of service, they are entitled to a maximum of 14 days of paid annual leave.

Sick leave

Entitlement to sick leave is accrued at the rate of 2 paid days for each month of service during the first year of employment and at the rate of 4 paid sickness days for each month thereafter, up to a maximum of 120 paid sickness days. For the first four days, there is no pay, as this period is considered a qualifying phase. Once this period is completed, employees receive 80% of their base salary for the remainder of their sick leave, up to 120 days, with the employer serving as the payer.

Maternity leave

Maternity leave in Hong Kong involves several key components. Eligible pregnant employees, who have worked continuously for at least 40 weeks (not necessarily 12 consecutive months), are entitled to 14 weeks of paid maternity leave.

Typically, this leave starts two to four weeks before the expected birth date, with at least two weeks taken before childbirth. During this period, employees receive 80% of their average daily wages over the past 12 months, which is the responsibility of the employer to pay. 

  

Parental leave

In Hong Kong, parental leave is not mandatory. However, employees may be entitled to maternity leave and paternity leave.

Paternity leave

​​Employees who have worked for 40 consecutive weeks are entitled to 5 days of paid paternity leave. The leave can be divided however the employee sees fit. 

The employee will receive 80% of their average monthly salary from the last 12 months and the employer will be responsible for this pay.

Other types of leave

Compassionate leave

All employees, including casuals, are entitled to compassionate leave of up to two days per occasion. However, only full-time and part-time employees receive paid compassionate leave, while casual employees receive unpaid leave.

This leave may be availed in case of demise of an immediate family member, which  includes spouses, de facto partners, children, parents, grandparents, grandchildren, siblings, and their equivalents for spouses or de facto partners.

Family & domestic violence leave

All employees covered by the national industrial relations system, including full-time, part-time, and casual are entitled to Family and Domestic Violence Leave of 10 days per year. It is a leave designed to support employees experiencing family and domestic violence.

This leave allows them to take time off work without losing income or their job, enabling them to address the impacts of violence safely. This leave does not accrue and resets annually on the employee’s work anniversary.

Family & domestic violence leave

The Employee will be entitled to up to 10 days’ paid “family and domestic violence” leave in a 12 month period.

Termination

Termination of employment in Hong Kong can occur through various means. Both employers and employees have the right to terminate an employment contract by giving notice or making a payment in lieu of notice, with a standard statutory notice period of one month if not specified in the contract.

Employers must adhere to statutory restrictions, such as not terminating employees during maternity leave or paid sick leave. Upon termination, employers must settle outstanding payments within seven days and notify relevant authorities like the Immigration Department if applicable.

Termination process

In Hong Kong, the termination process for employment contracts can occur with or without notice. Termination with notice does not require specific reasons and typically follows the notice period outlined in the employment contract, which must be at least seven days for continuous contracts and one month for certain renewable contracts. Termination without notice, known as summary dismissal, requires serious grounds or infractions.

Both employers and employees can terminate contracts by providing notice or paying wages in lieu of notice. Employers must also adhere to statutory timelines for making terminal payments, such as severance and wages in lieu of notice.

Termination reasons

In Hong Kong, summary dismissal allows an employer to terminate an employee without notice or payment in lieu of notice under specific conditions outlined in the Employment Ordinance and common law. These include willful disobedience of lawful and reasonable orders, misconduct, fraud or dishonesty, or habitual neglect of duties. Additionally, dismissal may be justified on any other common law grounds that permit termination without notice. However, participating in a strike is not a valid reason for summary dismissal under the Employment Ordinance. Employers must exercise caution and ensure strong evidence supports such actions, as summary dismissal is a serious disciplinary measure reserved for exceptional cases of severe misconduct.

Notice period

The minimum notice period is 7 days for employees with more than a month of service and those still in their probation period. However, once the probation period ends, the notice period increases to 30 days. The notice period generally increases with the length of employment.

Severance Pay

In Hong Kong, employees who are terminated due to redundancy are entitled to severance pay if they have completed at least two years of continuous service. The severance payment is calculated as two-thirds of the employee’s monthly wage, or two-thirds of HK$22,500, whichever is less, for each year of service. The total statutory severance payment is capped at HK$390,000.

Probation period

Probation periods in Hong Kong may last from one to three months and should be clearly defined in the employment contract.

Probation Period days

  • 30 days Minimum probation period
  • 90 days Maximum probation period

Ready to hire in Hong Kong?

Employing in India

Employment laws in India are a comprehensive set of regulations designed to protect the rights of workers and ensure fair treatment in the workplace. Key legislation includes the Factories Act, 1948, which governs working conditions in factories, and the Employee State Insurance (ESI) Act, 1948, which provides social security and health insurance to employees. The Minimum Wages Act, 1948 ensures that workers receive fair compensation, while the Industrial Disputes Act, 1947 addresses issues related to employment termination and industrial disputes.

Recent reforms have consolidated numerous labor laws into four codes: the Code on Wages, 2019, the Code on Social Security, 2020, the Industrial Relations Code, 2020, and the Occupational Safety, Health, and Working Conditions Code, 2020, aiming to streamline compliance and enhance worker protections. State-specific laws further regulate aspects like working hours, leave, and dispute resolution, making it essential for businesses to navigate both federal and state-level requirements.

Onboarding time

2-5
business days

Minimum Wage

varies
per state, industry and level

Employer costs

12.5%
of salary

Employee costs

12%
of salary

Onboarding time

Team APAC can onboard your talents within an average of 72 hours. 

Minimum Wage

There is no statutory minimum wage in the private sector not covered by the Factories Act.

Employer costs

  • Provident Fund – 12%
  • Provident Fund Admin Charges – 0.5%
  • Deposit Linked Insurance – INR 75
  • Employee State Insurance – 3.25%/monthly (applicable to employees earning less than INR 21,000/month)

Employee costs

  • Provident Fund – 12%

Payroll

The payroll process in India involves a systematic approach to calculating and disbursing employee salaries while ensuring compliance with statutory regulations. It begins with pre-payroll activities such as onboarding employees, defining payroll policies, and gathering employee data like PAN, bank details, and tax declarations. The process is typically managed monthly, with salaries disbursed at the end of the month or early the following month.

Payroll cycle

The payroll cycle in India typically operates on a monthly basis, with salaries disbursed at the end of the month or early the following month. Post-payroll activities involve generating payslips, ensuring compliance by filing necessary reports and remitting deductions to government authorities.  

Compliance requirements

Employers must register with the Income Tax Department. The registration process involves entering basic details such as PAN, mobile number, and email ID, followed by PAN authentication and OTP verification for secure access. 

Payroll calculations

The actual payroll processing includes calculating gross salary by adding components like basic pay, allowances, and bonuses, followed by deducting statutory contributions such as Provident Fund (PF), Employee State Insurance (ESI), and Income Tax (TDS)

Additional payments

13th Salary

13th month salary is neither mandatory nor a standard practice in India.

Bonuses

Bonuses are linked to the Payment of Bonus Act, 1965, and are performance-based. Employees earning up to INR 21,000 per month and working for at least 30 days in an accounting year are eligible for a bonus. The minimum bonus payable ranges from 8.33-20% of the employee’s salary.

Commissions

Commissions are often offered in addition to a base salary and are used to incentivize employees to meet or exceed specific sales targets. This structure is prevalent in industries like retail, insurance, real estate, and financial services.

Other allowances

Some of the additional allowances given to employees in India include transportation and child care allowance. While some allowances, such as transport and conveyance, are exempt up to certain limits under the old tax regime, most are fully taxable under the new tax regime unless they are reimbursements for actual expenses incurred during official duties.

Taxes

The income tax system in India is governed by the Income Tax Act, 1961 and is administered by the Central Board of Direct Taxes under the Ministry of Finance. It operates on a progressive tax structure, where tax rates increase with higher income brackets. 

Employee Income Tax

Individuals are taxed based on their resident status and the source of their income, with different tax slabs for various income ranges. In 2021, a new tax regime was introduced as the default option, offering lower tax rates but limiting exemptions and deductions, while the old regime remains optional for those who prefer to retain access to tax benefits like deductions under Section 80C, HRA, and others.
Individuals can choose between two tax regimes: the old regime and the new regime.

Income Tax

  • 0% 0 INR – 300,000 INR
  • 5% 300,001 INR – 700,000 INR
  • 10% 700,001 INR – 1,000,000 INR
  • 15% 1,000,001 INR – 1,200,000 INR
  • 20% 1,200,001 INR – 1,500,000 INR
  • 30% 1,500,001 INR and over

Old Tax Regime

  • 0% 0 INR – 250,000 INR
  • 5% 250,001 INR – 500,000 INR
  • 20% 500,001 INR – 1,000,000 INR
  • 30% 1,000,001 INR and over

Employment eligibility

India has its own visa regulations that enable employees to live and work in the country. Work visas are generally valid for up to 2 years and renewable by the Foreigners Regional Registration Office (FRRO) up to a total period of 5 years from the date of issuance of the initial employment visa, on a year-to-year basis.

Visa

There are specific requirements for issuing visas and work permits to international team members. The main type of visa is simply called an employment visa. Employment visas are only available to employees of organizations registered in India. As a result, employees cannot begin the process of obtaining a permit until they have an employment contract. In addition, your company must have a legal entity registered in India, or partner with an employer of record, to process the visa.

Visa types

  • Employment Visa (E Visa)
  • Business Visa (B Visa)
  • Project Visa
  • Entry Visa (X Visa)
  • Intern Visa
  • Research Visa

Compliance documents types

  • Valid passport containing 2 or more blank pages
  • 2 passport-sized color photographs (5×5 centimeters)
  • A copy of the passport’s first pages
  • An employment contract, written in English and containing the duration and employment conditions
  • A copy of the company’s registration certificate
  • A visa application form
  • An extra work visa application form
  • Tax liability details
  • A resume in English
  • Copies of diplomas and any supporting documents related to professional competencies, such as a CV or letters of recommendation
  • Undergo facial biometrics and fingerprints

Background check

In India, work visa-related background checks typically involve verifying the candidate’s identity, employment history, educational qualifications, and criminal record to ensure compliance with legal and immigration requirements. Employers must obtain written consent from the candidate before initiating these checks, which may include validating government-issued IDs like Aadhaar or passport, confirming past employment details, and ensuring educational credentials are authentic. Criminal record checks are often conducted through local police or online databases, especially for roles requiring security clearance. These checks help employers align with the Information Technology Act, 2000, and the Personal Data Protection Bill, 2019, ensuring responsible handling of personal data and adherence to privacy laws.

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Benefits

Employee benefits in India encompass a mix of statutory and supplementary perks designed to ensure employee welfare and attract top talent. Statutory benefits include the Employees’ Provident Fund (EPF), Employees’ State Insurance (ESI), paid maternity leave, and various leave entitlements. Employers often supplement these with private medical insurance, life insurance, and flexible benefits like transportation stipends and meal subsidies. Additionally, benefits such as the Employees’ Pension Scheme (EPS) and Dearness Allowance help combat inflation and provide financial security. These comprehensive packages aim to support employees’ long-term health, stability, and satisfaction while fostering a productive workforce. 

Private health insurance

Private health insurance in India is designed to cover healthcare costs not fully covered by the country’s public healthcare system. It provides additional benefits and flexibility in healthcare choices.

Team APAC providers

  • SafetyWings
  • Henner
  • IMG/ ALC Global

Mandatory benefits

Statutory benefits include the Employees’ Provident Fund (EPF) for retirement savings, Employees’ State Insurance (ESI) for healthcare, gratuity after five years of service, paid maternity leave of 26 weeks, and various leave entitlements such as sick, casual, and earned leave.

Mandatory benefits in India

  • Employees’ Provident Fund (EPF)
  • Employees’ State Insurance (ESI)
  • Paid leaves (maternity, sick, and casual)

Working hours

The workweek is generally defined as 40 hours and five days in length unless otherwise negotiated and included in the employment agreement. The standard workweek is from Monday to Friday. Meal or rest breaks of half an hour to an hour are required for employees working a continuous period of five hours. Employees must have 12 hours free between shifts and one rest day per week.

Working hours per day

The standard workday is 8 hours.

Working hours per week

The standard workweek is 40 hours.

Overtime pay

Private sector employees, excluding those in factory positions, are not bound by any requirements as to overtime. 
In the case of factory workers, overtime pay is compulsory. When it comes to extra hours worked, it’s customary in the industry to reward employees with either proportional paid time off or extra compensation equivalent to their standard wage. If there is overtime rendered on a public holiday, employees are paid at 150% of their regular hourly rate.

Leave

Mandatory benefits include annual leave, paid public holidays, and sick leave. Statutory leave entitlements include public holidays and other forms of leave as outlined in the Employment Relations Act 2000. paid maternity leave of 26 weeks, and various leave entitlements such as sick, casual, and earned leave.

Annual leave

Full-time workers in India are entitled to 15 days of holiday leave per year.

Sick leave

Casual (personal) and sick leave is generally governed by the state-specific Shops and Establishments Act. Not all states separately define casual and sick leave, and the number of days of such leave to which employees are entitled varies from seven to 12 depending on the state in which the workplace is located.

Parental leave

There is no legal entitlement to parental leave.

Maternity leave

Employers with 10 or more employees must provide 26 weeks’ paid leave during an employee’s first two pregnancies and 12 weeks’ paid leave for adoptive and surrogacy-commissioning mothers. Female employees who have worked for a given employer for at least 80 days in the 12 months immediately preceding the date of expected delivery are eligible for the benefits, provided they give the employer written notice seven weeks before the expected date of delivery. The 26-week leave entitlement applies only to the first and second pregnancy. For the third child and after, only 12 weeks are available. Adoptive mothers are entitled to paid leave only if the adopted child is less than three months old.

Paternity leave

There is no legal entitlement to paternity leave.

Other types of leave

Long service leave

There is no legal entitlement to long service leave.

Bereavement leave

While there is no legal entitlement to paid bereavement leave, an employer cannot refuse employees time off under these circumstances. The employer can offer bereavement leave as a separate benefit or as an option under casual or annual leave.

Family & domestic violence leave

There is no legal entitlement to family and domestic leave.

Termination

In India, the termination process is governed by laws such as the Industrial Disputes Act, 1947, and state-specific Shops and Establishments Acts. Employers must provide a written termination letter stating the reason for termination, the date, and other relevant details. 

Termination process

In India, employment terminations cannot be executed “at will” and must adhere to legal compliance. Employers must follow fair procedures, including disciplinary processes for misconduct. Legal compliance is essential to avoid disputes, and in cases of mass layoffs, government approval may be necessary.

Termination reasons

Termination can occur due to performance issues, misconduct, redundancy, or breach of contract or layoff. 

Notice period

A notice period of 30 to 90 days is standard, depending on the employee’s role and industry, and severance pay is often required, especially in cases of redundancy or termination without cause.

Severance Pay

Employees with at least one year of service are entitled to a severance payment equal to 15 days’ wages for each completed year of service.

Employees who have completed five years of service and work for an employer with 10 or more employees also are entitled to a gratuity payment. Gratuity payments are equal to 15 days’ wages multiplied by the number of years of service (with part of a year in excess of six months counted as one year).

Probation period

Probation periods are not mandatory and there is no statutory requirement for employers to provide probation period. The common probation period for India in the Employment Agreement is 3 to 6 months with the option to extend an additional 3 months at the employer’s discretion.

Probation Period days

  • 90-180 days Minimum probation period
  • 270 days Maximum probation period, subject to employer’s discretion

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