Student interns in China

Home | China Law Blog | Student Interns in China: The China Employment Law Issues Hiring interns in China (like pretty much everything involving China employment laws) is complicated and local. And when I am tasked with figuring out how one of our clients may legally do that, I almost always have to review applicable national, provincial and local laws and regulations and engage in followup conversations with the relevant authorities. Not only are there multiple legal layers involved in hiring an intern in China, but those layers are often inconsistent. This is nothing unusual for China employment law. See China Employment Law: Local and Not So Simple. A domestic or a foreign company in China may not legally “employ” student interns and student interns that "work" for a company in China are not in a labor relationship under China’s labor laws. China’s Labor Contract Law is silent on how student interns should be treated. However, this does not mean a Chinese company can or should retain student interns without written documentation. For example, in Jiangsu Province, any company that wants a student intern must execute a formal written agreement with the student intern’s school. There are no hard and fast rules regarding the format of this agreement, but when drafting these for Jiangsu Province, we include the following: The term/duration of the internship The employer responsibilities The school responsibilities The intern's hours and shifts The intern's compensation Applicable provisions on labor protection Just by way of a quick contrast, in Ningbo, a three-party internship agreement (实习协议) is required between the hiring company, the school and the student or the student's parents. Another important issue is compensation. In Jiangsu, all interns must be paid directly by the company and such payments must meet local minimum wage requirements. In Shanghai and Ningbo, however, the minimum compensation payable to student interns is lower than the standard local minimum wage. Ningbo specifically requires student interns who continuously work for a company for three months or more to be paid at least 50% of the preceding year's local minimum wage. The number of hours an intern can work each day and each week are also all across the board. For example, student interns in Ningbo should work no more than 8 hours a day, whereas Jiangsu Province regulations generally limit interns to 6 hours a day. Though China's student intern rules vary from city to city and province to province, virtually none allow foreign companies to use student interns as free labor, especially when labor protections are ignored. If you are using student interns or are contemplating doing so, make sure you do it correctly. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment China Law Blog The China Law Blog focuses on the practical aspects of Chinese law and how it impacts foreign companies that do business in or with China. The goal is to help readers understand what works and what does not work and what businesspeople can do to use the law to their advantage. China Law Blog's aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy. Harris Sliwoski Blog Read more posts [email protected] Read More Legal News Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. September 11, 2026 Forensic Accountants in China Business Litigation: How True Numbers Can Tell the Wrong Story September 4, 2026 China NNN Agreement or Trademark Registration? You Usually Need Both September 1, 2026 AI Didn't Replace Lawyers. It Gave Us the 48-Page Contract. August 27, 2026 Do I Need a China NNN Agreement or a China Manufacturing Agreement? Usually Both. August 26, 2026 China’s New Overseas Investment Rules: Can Your Chinese Investor Actually Get the Money Out? August 24, 2026 International IP Protection for Startups: What to Protect and Where August 19, 2026 The Documents Are the International Deal August 19, 2026 China Supplier Fraud in Yiwu: Why We Recommended the Police, Not a Lawsuit August 17, 2026 China Trademark Registration: Why U.S. Companies Need More Than a Filing Agent August 10, 2026 Buying Expensive Equipment from China: Seven Questions to Answer Before You Pay August 7, 2026 DDP Shipping Risks: What Boise Cascade’s Guilty Plea Means for U.S. Buyers August 6, 2026 Protecting Your Artwork Internationally: What Artists Need to Do Before the Work Travels August 5, 2026 Your China Employee Signed the Vacation Policy. You Can Still Lose. July 29, 2026 The RedNote Contract Lesson for Companies Doing Business in China Leave a comment Cancel reply