Legal Question in Employment Law in China
I work for a company in China that recently employed 3 Americans as Sales Excutives but they are working in California. They don't work in an office. They work at home. It's a little like freelance work. They are telling us that we need to pay them more money because of insurance. But I'm not sure about the laws concerning this. They get a salary from midea and pay their home taxes and insurances, but want reimbursement from midea. midea doesn't whether those fees are reasonable.if midea is not obliged to pay any taxes or insurances, midea would rather not pay. but the company doesn't want legal trouble either.
Could someone help me and tell me what things we need to do?
1 Answer from Attorneys
Question: 1. Does "midea" refer to a Chinese electronics manufacturer located in Shunde? 2. Does the freelancers get payment from China? Is there any contract?
If yes to above questions, the Chinese company is obligated to withhold individule taxes for the freelancers. However, the Chinese company has not any obligation to pay any insurance.
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