By Jiang Junlu and Luo Kaitian King & Wood Mallesons’ Commercial & Regulatory Group
With the development of Chinese economy, more and more foreigners are being employed in China, among which there is a group of “Laowai” who has already reached or even passed the Chinese statutory retirement age (the “Elderly Foreigners”). The Elderly Foreigners are not like their Chinese fellows who are retired completely at the age of 55 or 60, but still being active at their jobs or even acting as middle-level and high-level managers or technicians in many companies. The question is, whether the employment form of the Elderly Foreigners is service or employment under Chinese law?
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