Under Chinese labour law, it is mandatory for employers to sign employment contracts with full-time employees within one month, starting from the first day of working. For foreign-invested enterprises (FIEs/WFOEs), representative offices, and overseas branches in China, you will be required to have a China employment contract in place to include the responsibilities and rights of both employers and employees according to the local legislation and HR rules.
This service will start with a one-hour conference call in English for our employment contract specialist to understand your business and the background. We will also review and discuss your other HR-related requirements with you.
The employment contract specialist will then draft the China employment contract using standard templates and in consideration of the employer's specific demands. The document will be prepared in Chinese in accordance with the legal requirement in China.
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No, an employment relationship can only be established with a Chinese employee through a legal entity or if you don’t have one, then via a licensed professional employer organisation or agency. A direct employment contract between a business registered outside China and employees in China is not legally binding in Chinese law.
There are standard templates available from your employment service provider. If you are looking for tailored content for these, there are salary and benefit benchmarking and HR advice and contract services available on our platform.
There are some simple standard wordings in China employment contract templates. However, you can get HR professionals to draft specific stipulations on confidentiality if needed, taking into consideration the Chinese regulations on matters such as non-competition.