Something You Should Know about Hiring and Firing an Ayi

Don’t ask your HR about how to fire an Ayi in China

  • Is hiring or firing an Ayi (Someone who do your cleaning, cooking or baby sitting)  bound to Labour Rules?

            No,  the relation between the family and its Ayi is not a labour relation.

  • How to define the relation between a family and an Ayi ?

            It’s a service relation.

  • What’s the difference between the service relation and labour relation?

           Service relation is between equal parties, civil rules in China protect both parties without prejudice.

          Labour relation is between unequal parties. When 南京充气城堡 drafting the labour rules, the legislator assumed the employer has power over employee, so the employee needs more protection from law.

  • How does a family fire an Ayi?

        Under civil law, you could fire an Ayi any time if you want to and don’t have to pay compensation for it.

  •  Should a family pay public holiday for an Ayi?

         You’d better let her off on these holidays, cause public holidays are for all the citizens in China. But there is no need to pay salary on these days, keep in mind, it’s not  labour relation, you’re equal, so no service, no salary.

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