Is the employment contract in English and Chinese?
The contract is in a dual version (English-Chinese); however according to Chinese Law, in the event of a conflict between the employer and the employee, the Chinese version will prevail.
When is a labor contract open ended in China?
Usually the company and the employee agree within the written labor contract on the time frame of the employment. However, according to the law in China, a contract is simply supposed to be open-ended if one of the following circumstances applies: The employee has been working for the same company for at least ten years.
When to use an expatriate contract in China?
Foreign companies should use this contract to hire employees of Chinese nationality. For hiring employees of another nationalities that travel to work in China for foreign companies, the Expatriate Contract of Employment should be used.
Why is a written labor contract necessary in China?
The following elements are absolutely necessary for an employment contract: Why is a written labor contract necessary? In general, a written labor contract is absolutely necessary in China in order to protect the employee as well as the employer.
What are the different types of employment contracts in China?
Fixed-term/Open-ended Contracts. Employment contracts in China can have three different types of terms: fixed, open-ended or terms that expire upon completion of an assignment. Under the Labor Contract Law, if an employer opts to enter into a fixed-term contract with an employee, after the completion of two fixed terms,…
Do you have to sign employment contract in China?
However, this is not possible under China employment law, which requires a written contract with penalties for employers who do not have one. In addition to fines, if your employee works for one month without a written employment contract, you are required to pay the employee double the normal salary…
What kind of employment law does China have?
China’s labor laws use employment contracts as the basis for employment agreements. The American system of “at-will” employment means that an employer may dismiss an employee for any reason.
Usually the company and the employee agree within the written labor contract on the time frame of the employment. However, according to the law in China, a contract is simply supposed to be open-ended if one of the following circumstances applies: The employee has been working for the same company for at least ten years.