China Employment Law Network
Shanghai Business Lawyer
Section B: Preparing the employment contract

• Why is it necessary to conclude a written contract in China? Can I download an employment contract from this website for reference?
Answer:

 

According to the PRC Labor Contract Law, a written contract is required to create an employment relationship.

 

The reason we do not offer an employment contract template to download from our site is that such generic templates can never effectively consider your specific circumstances and requirements so are very unlikely to protect you properly.  Therefore, we advise that you be very careful if considering downloading a template from a website; quite often they can also be out of date, with many of the important provisions missing. Remember, asking an employee to revise an existing employment contract is always harder than requesting them to sign a better version in the first place.

 

Our professional legal team are very experienced in drafting employment contracts and important supplementary employment documentation. If you would like our help, please contact us. 
 


• What are the principal statutory terms in an employment contract under Chinese law?
Answer:

 

The name, domicile and legal representative or main person in charge of the Employer;

 

The name, domicile and number of the resident ID card or other valid identity document of the Employee;

 

The term (i.e. length) of the employment contract;
 

The job description and the place of work;
 

Working hours, rest and leave;
 

Labor remuneration;
 

Social insurance contributions;
 

Labor protection, working conditions and protection against occupational hazards, etc.

Our professional legal team are very experienced in drafting employment contracts and important supplementary employment documentation. If you would like our help, please contact us.


• In addition to the employment contract, are there any other important documents I should ask my employees to sign?
Answer:

 

There are many additional documents which can be useful for an employment relationship including:

• Employee Handbooks
• Policy Booklets
• Confidentiality Agreements
• Non-compete Agreements

 

These documents, together with the employment contract, help to create effective human resource management systems whilst defining the culture of your company.

 

If you would like our advice or assistance in creating any of these documents, please contact us and we will be happy to help. 


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