China human resource services
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It is well-know that Chinese employment law has been changed , the changes in the employment law provide more protection to employees. Companies, both domestic and international, are confused about the effects of those changes. ATAHk we provides some insights into what in-house counsel need to know when hiring employees in China.
According to the China's employ laws and regulations acts, that China employment contract must contain the following mandatory provisions:
Basic information about the employer and the employee
The explicit term/duration of the employment contract
A description of the work the employee will be performing
The place of work
The working hours
Rest and leave time
Wages
Social insurance
Applicable labor protections and labor conditions and protection against occupational hazards
“other matters required by relevant laws and regulations”
With the Employment Contracts Law, the employment relationship begins when the employee starts work. The Law requires a written employment contract to be entered into when such a relationship is established.
On condition that employer goes more than a year without having a written employment contract with an employee, the employee lacking the written employment contract will be deemed to have entered into an open-term labor contract , that means there is no definitive end date to the labor relationship.
It is important to note that all of the above rules apply with equal force to foreign employees who are working in China and that some Chinese labor arbitration commissions and courts do not recognize anything other than Chinese language agreements as constituting a valid written employment contract.
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If you have further queries, don’t hesitate to contact ATAHK anytime, anywhere by simply visiting ATAHK’s website www.3737580.net , or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82148419, or emailing to info@citilinkia.com