Malaysia Hotline: +603- 2141 8908
A China
labor contract has to contain the terms and conditions set by the employer
relating to the weekly or monthly number of working hours, the probation and
termination period, overtime payment and holidays and other details, such as
salary or the exact title of the job. An employer can set his own conditions
and particulars but they must not fall below the minimum requirements of the
Employment Act. Before the recruitment, foreign business owners in China have
to seek for the professionals’ (China lawyer) assistance to draft a China labor
contract.
Required
Content of China Labor Contract
Article
19 of the Labor Law of the People's Republic of China defines the content
required to be defined by labor contracts. Although they can contain other
requirements and clauses, a Chinese labor contract must, at minimum, include
the duration of the contract and a time limit during which the labor contract
is in force. It must also define the job scope clearly and specify both labor
conditions and labor protections. It must clearly state how much and how
employees will be paid and must spell out disciplinary procedures for workers.
Besides, it also has to clearly define when the contract can be terminated and
specify liabilities for any contract violation.
China
labor contract-Notice of termination
The
usual period when a notice of termination has to be handed in by either the
employer or the employee, depends on the duration of employment. If not stated
differently in the contract, the periods according to which the notice of
termination is related are:
1.
Employed for less than 2 years (4 weeks’ notice)
2.
Employed for 2 – 5 years (6 weeks’ notice)
3.
Employed for more than 5 years (8 weeks’ notice)
Probation
period of China labor contract
During
the probation period, which is set individually by the employer, the employee
can be dismissed without notice. The same applies to termination on the side of
the employee. The probation period is usually between 1 to 6 months and the
dismissal has to be justified. If a dismissal on the side of the employer is
given after this period, and it is not due to the employee’s misconduct, the
latter is entitled to layoff benefits. The basis on which the amount of days
paid is calculated, will be the same as that for the probation period (employed
for less than 2 years/from 2-5 years/for more than 5 years).
Labor
contract plays an important role in the management of the companies, thus it is
advisable for business owners to place significant emphasis on it. It is
therefore necessary to seek China lawyers for help since they have a good
knowledge of China labor law.
Contact
us
If
you have further queries, please contact Tannet
24
hours Malaysia hotline：603-21418908;
24
hours Hong Kong hotline：852-27837818;
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hours Hong Kong hotline：86-755-
36990589;
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mytannet@gmail.com