Last updated: October 22, 2026
A China employment contract is not just an offer letter or an HR formality. It is the legal foundation of the employment relationship between an employer and an employee in mainland China. For foreign companies, the contract affects payroll, social insurance, housing fund, working hours, probation, confidentiality, intellectual property, termination, severance, employee files, and dispute risk.Many foreign employers underestimate how formal China employment documentation is. A global contract template, an overseas offer letter, a payroll spreadsheet, or a verbal agreement may not be enough. China employment contracts must match Chinese labor law, the actual working arrangement, the employee’s work location, the payroll city, statutory benefit administration, and the legal employer structure.
This guide explains China employment contract requirements for foreign employers, including written contract timing, mandatory clauses, contract types, probation rules, Chinese and bilingual versions, EOR and PEO responsibilities, payroll alignment, electronic contracts, foreign employees, termination documents, and audit-ready HR records.
Quick answer: what does a China employment contract need?
A China employment contract should be written, signed by the correct legal employer and employee, and concluded when the employment relationship starts or within the statutory one-month period. It should clearly state the employer and employee details, contract term, job duties, workplace, working hours, rest and leave, labor remuneration, social insurance, occupational protection, working conditions, and other legally required terms. See the broader China labor law framework.
The Labor Contract Law of the People’s Republic of China, Articles 7–16 states that a labor relationship is established when the employer starts employing the worker, that the employer must keep a register of workers, that labor contracts include fixed-term, open-ended, and task-completion contracts, and that both parties should each keep a copy of the labor contract.
The Labor Contract Law Articles 17–24 list the required terms and also allow additional terms such as probation, training, confidentiality, supplementary insurance, and welfare benefits.
China employment contract template: clause-by-clause outline
Use this bilingual outline to check a proposed agreement. It is a drafting checklist, not a complete ready-to-sign contract; adapt the terms to the actual employer, work city, role and applicable rules.
| Clause (English) | 中文条款名 | Legal basis | Drafting point |
|---|---|---|---|
| Employer identity | 用人单位基本信息 | Labor Contract Law Art. 17(1) | Registered name, address and representative/responsible person. |
| Employee identity | 劳动者基本信息 | Art. 17(2) | Name, address and valid identity number. |
| Contract type and term | 劳动合同类型与期限 | Arts. 12–15; 17(3) | Record the actual term or completion basis. |
| Duties and workplace | 工作内容和工作地点 | Art. 17(4) | Specify role and agreed work location. |
| Hours, rest and leave | 工作时间和休息休假 | Art. 17(5) | Match the applicable approved system and local practice. |
| Remuneration | 劳动报酬 | Art. 17(6) | State gross pay, payment arrangements and variable-pay rules. |
| Social insurance | 社会保险 | Art. 17(7) | Record statutory participation; do not substitute a waiver. |
| Protection and working conditions | 劳动保护、劳动条件和职业危害防护 | Art. 17(8) | Address actual occupational risks and protections. |
| Other required matters | 其他法定事项 | Art. 17(9) | Check role, sector and location requirements. |
| Optional probation | 试用期约定（可选） | Arts. 19–20 | Use a lawful duration and pay standard. |
| Optional confidentiality / IP / non-compete | 保密、知识产权及竞业限制（分别审查） | Arts. 23–24 | Separate scope, eligibility and compensation. |
| Execution and copies | 签署及文本留存 | Art. 16 | Obtain valid signatures and give each party a copy. |
The statutory clauses are set out in the NPC-adopted Labor Contract Law, as published by MOHRSS. For access to a China employment contract template, consult HROne’s HR resources and confirm the applicable client-access arrangements. The current resources page lists an employee labor-contract template; a separate downloadable version of this outline has not been confirmed.
Do employment contracts in China have to be written?
Yes. Employers in China should use a written labor contract for employment relationships. The written contract should be signed when the employment relationship is established. If it is not signed at the start, it should generally be concluded within one month from the employee’s first working day.
This one-month window should not be treated as a best practice. It is a legal deadline. In practice, foreign employers should sign before the employee starts work, especially where the employee will access systems, represent the company, handle customers, receive confidential information, or begin payroll and statutory benefit registration.
| Timing issue | Employer risk | Better practice |
|---|---|---|
| Contract signed before start date | Lowest contract-timing risk. | Use this as the standard process. |
| Contract signed within one month after start date | May still meet the statutory timing rule, but creates onboarding uncertainty. | Only use when unavoidable and document the reason. |
| No written contract after one month | Double-wage exposure may arise for the period without a written contract. | Escalate immediately and sign a compliant contract. |
| No written contract after one year | The relationship may be deemed open-ended under the Labor Contract Law. | Do not allow this situation to occur. |
Foreign employers should also avoid relying on oral promises, WeChat messages, email-only arrangements, or offshore agreements for a China-based employee. Informal evidence may help show what happened, but it is not a substitute for a proper China labor contract.
Who should sign the China employment contract?
The contract must be signed by the correct legal employer. This is where foreign companies often make mistakes.
If the company has a mainland China entity, that entity usually signs the labor contract and becomes the legal employer. If the company does not have a China entity, it generally cannot simply use the overseas parent company as if it were a domestic employer. In that case, the company may need a local employment structure such as an Employer of Record.
| Hiring structure | Who signs the labor contract? | What the foreign company should check |
|---|---|---|
| China local entity / WFOE | The company’s China entity. | Business license, legal representative, work location, payroll city, social insurance city, and internal HR authority. |
| EOR | The EOR provider’s China-side employing entity. | Which entity signs the contract, runs payroll, registers statutory benefits, and keeps employee records. |
| PEO | The client’s own China entity. | The PEO supports HR and payroll administration, but the client remains the legal employer. |
| Recruitment only | Not the recruiter in a standard recruitment model. | Recruitment finds the candidate; the employer structure still needs to be decided. |
| Contractor / service provider | No labor contract if the relationship is truly independent. | Make sure the person is not actually managed like an employee. |
For companies hiring employees before setting up a local entity, a China EOR service can provide the local employment structure. For companies that already have a China entity and need HR administration support, a China PEO service may be more suitable.
What mandatory clauses must be included?
A China employment contract should not be a short offer letter. The Labor Contract Law requires specific terms. These terms are not only legal formalities; they help connect the employment relationship with payroll, social insurance, attendance, leave, probation, termination, and employee records.
| Required area | What should be documented | Common foreign-employer mistake |
|---|---|---|
| Employer information | Legal name, registered address, legal representative or responsible person. | Using the overseas parent company name when the China entity or EOR is the legal employer. |
| Employee information | Name, address, ID card number, passport or other valid identity document number. | Using inconsistent English names, passport numbers, or outdated employee data. |
| Contract term | Fixed-term, open-ended, or task-completion term. | Using a fixed term repeatedly without tracking open-ended conversion risk. |
| Job description and work location | Job title, core duties, reporting structure, city, office or remote arrangement. | Leaving the work location vague even though payroll, social insurance, and work permit records depend on it. |
| Working hours, rest, and leave | Working-hour system, rest days, annual leave, statutory holidays, overtime rules. | Applying global working-hour assumptions without adapting to China rules. |
| Labor remuneration | Base salary, payment date, bonus, commission, allowances, overtime pay, deductions. | Promising net salary without calculating IIT and statutory contributions correctly. |
| Social insurance | Employer and employee statutory benefit participation. | Treating social insurance as optional or separate from the employment contract. |
| Occupational protection and working conditions | Safety obligations, working environment, role-specific occupational protections. | Ignoring workplace safety or remote-work conditions. |
| Other legally required terms | Any terms required by national or local rules for the role or industry. | Copying a generic template across cities or roles. |
The contract may also include probation, training, confidentiality, intellectual property, supplementary insurance, welfare benefits, non-compete terms, data protection, and employee handbook references where appropriate.
Working-hour system clause
Identify whether the employee follows the standard working-hour system, a comprehensive calculation system or a non-fixed working-hour system. The contract should match the employee’s actual duties, work location and any required administrative approval, including its coverage and validity. Do not use contract wording alone to switch to a special system or assume that a manager’s title removes rest or overtime protections. Review working-hour systems in China against the actual approval and local rules.
What types of employment contracts exist in China?
China’s Labor Contract Law recognizes three main types of labor contracts: fixed-term contracts, open-ended contracts, and contracts that expire upon completion of a specific task or project.
| Contract type | How it works | Best suited for | Main risk |
|---|---|---|---|
| Fixed-term contract | The employer and employee agree on a specific start and end date. | Most standard full-time employment relationships. | Renewal must be tracked carefully; repeated fixed terms can trigger open-ended contract rights. |
| Open-ended contract | The contract has no fixed end date. | Long-term employees or employees who meet statutory open-ended conditions. | Termination still requires lawful grounds and evidence; it is not at-will employment. |
| Task-completion contract | The contract ends when a defined task or project is completed. | Clearly defined project work with measurable completion criteria. | If the task is vague, the contract may create disputes or be treated differently in practice. |
Employers should not use contract type as a shortcut to avoid termination rules. Even a fixed-term contract must be managed correctly at expiry, renewal, non-renewal, and conversion points.
How do fixed-term renewals and open-ended contracts work?
Fixed-term contracts are common in China, but renewals must be monitored. Under the Labor Contract Law, an employee may become entitled to an open-ended contract in certain circumstances, including after two consecutive fixed-term contracts if the employee proposes or agrees to renew, unless the employee requests another fixed-term contract.
Open-ended contracts may also arise after long service or if the employer fails to sign a written labor contract within one year from the start of employment.
| Trigger | Potential consequence | HR control point |
|---|---|---|
| Employee has worked for the employer for 10 consecutive years. | Open-ended contract may need to be offered if statutory conditions are met. | Track service years and contract renewal dates. |
| Two consecutive fixed-term contracts have been concluded. | Open-ended contract may be required upon renewal unless the employee requests fixed-term treatment. | Review before issuing the second renewal offer. |
| No written contract for one year after employment starts. | The relationship may be deemed open-ended. | Never onboard without contract tracking. |
| Employee is pregnant, on maternity leave, in medical treatment period, or otherwise protected. | Non-renewal or termination may be restricted. | Run protected-status checks before contract expiry decisions. |
A contract-renewal calendar is essential. HR should not discover renewal issues only a few days before expiry.
What are the probation period rules in China?
Article 19 links probation to the contract term; probation is part of that term and may be agreed only once between the same employer and employee.
| Contract term | Maximum probation |
|---|---|
| Less than 3 months, or a task-completion contract | No probation |
| At least 3 months but less than 1 year | 1 month |
| At least 1 year but less than 3 years | 2 months |
| At least 3 years, or an open-ended contract | 6 months |
Exactly three months falls in the one-month maximum band, not the prohibited band. Article 20 refers to the lowest wage for the same position or 80% of the agreed contract wage, together with the applicable local minimum-wage floor. Check the local interpretation before setting pay; do not treat probation as at-will employment. For the detail, see probation period in China and the court-published English statutory text.
Does a China employment contract need to be Chinese or bilingual?
China’s Labor Contract Law does not simply say every employment contract with a foreign employer must be bilingual. However, for practical compliance, a Chinese version is strongly recommended for China-based employees. Labor authorities, arbitration panels, courts, payroll teams, local HR staff, and employees will usually need a Chinese version to understand and apply the contract.
For foreign employers, a bilingual contract is often the best working solution. The English version helps headquarters understand the contract. The Chinese version helps with local enforceability, employee communication, and HR administration. The contract should clearly state which language prevails if there is a conflict.
| Contract language model | When it may work | Risk |
|---|---|---|
| Chinese only | Local China entity, local employee, local HR and payroll team. | Overseas headquarters may not fully understand obligations unless translated internally. |
| English only | Rarely ideal for a China-based employee. | Local enforcement, employee understanding, and authority review may become difficult. |
| Bilingual contract with Chinese prevailing | Common for foreign employers hiring in China. | Translation must be accurate; English and Chinese versions should not conflict. |
| Bilingual contract with no prevailing-language clause | Not recommended. | Disputes may arise if the two versions differ. |
The old question “Do contracts need to be bilingual in China?” should therefore be reframed. The better question is: “Can the employee, employer, payroll team, and dispute-resolution body clearly understand and apply the same contract terms?”
Can China employment contracts be signed electronically?
Yes, electronic labor contracts can be valid in China if they are concluded in accordance with applicable rules. The official State Council notice on labor contracts signed in electronic form states that parties should use data messages and reliable electronic signatures that conform to law and regulations, and that the employer should ensure the electronic contract is complete, accurate, and not falsified.
Electronic signing is useful for remote hiring, multi-city teams, EOR onboarding, and foreign companies whose managers are outside China. But electronic contracts require a proper process.
- Confirm employee consent to electronic signing.
- Use a reliable e-signature method and secure platform.
- Verify identity of the signing parties.
- Ensure the final contract cannot be altered after signing.
- Allow the employee to access and keep a copy.
- Store the contract securely with the employee file.
- Make sure the electronic process aligns with internal HR and payroll records.
The later MOHRSS Electronic Labor Contract Conclusion Guidelines are issued under Ren She Ting Fa [2021] No. 54. They address consent, reliable electronic signatures, identity verification, access, storage and use of the signed contract. Match the signing and retention workflow to those requirements rather than treating a scanned signature image as automatically sufficient.
How is an employment contract different from a commercial contract?
A commercial contract governs a business transaction. An employment contract governs a labor relationship. This distinction matters because an employment relationship triggers labor-law protections that cannot usually be avoided by simply calling the document a service agreement.
| Comparison point | Employment contract | Commercial contract |
|---|---|---|
| Legal relationship | Employer and employee. | Business parties, vendor/client, supplier/buyer, consultant/client. |
| Main law area | Labor Contract Law, Labor Law, social insurance rules, local employment rules. | Civil Code, commercial law, sector-specific rules, contract terms. |
| Control | Employer usually controls working time, duties, workplace, policies, and performance. | Service provider usually controls how the service is delivered unless otherwise agreed. |
| Payroll and benefits | Salary, IIT withholding, social insurance, housing fund, leave, overtime, and employee files. | Service fees, invoices, tax treatment, deliverables, and commercial payment terms. |
| Termination | Must follow China employment termination rules. | Governed by contractual termination and breach clauses. |
| Misuse risk | Not applicable when properly used for employees. | High if used to disguise an employment relationship. |
For employee-like roles, foreign employers should not use a consulting agreement to avoid China employment obligations. If the person works full-time, reports to managers, follows company policies, uses company systems, receives regular monthly pay, and performs core business functions, the arrangement may look like employment regardless of the contract title.
How should contracts align with payroll, social insurance, and housing fund?
A China employment contract should not sit separately from payroll. The salary, work location, working-hour system, social insurance participation, housing fund handling, and benefit commitments in the contract should match the payroll and HR records.
China courts and authorities increasingly look at the full evidence chain: contract, payslip, IIT withholding, social insurance record, housing fund record, attendance, leave, and employee file. If these do not match, the employer may face employee claims, payroll correction, social insurance contribution adjustments, or tax questions.
| Contract item | Payroll / HR record that must align | Risk if inconsistent |
|---|---|---|
| Base salary | Payroll calculation, IIT filing, payslip, bank payment. | Wage dispute or tax mismatch. |
| Work location | Social insurance city, housing fund city, work permit city where relevant. | City-level compliance problems. |
| Bonus or commission | Bonus plan, approval record, taxable income record. | Dispute over variable compensation. |
| Working hours | Attendance, overtime approval, leave records. | Overtime and rest-day claims. |
| Social insurance | Enrollment, contribution base, monthly payment record. | Retroactive contribution and employee complaint risk. |
| Housing fund | Contribution base, contribution rate, monthly payment record. | Local compliance and employee benefit disputes. |
China’s Supreme People’s Court has clarified that mandatory social insurance payment is a legal obligation for both employers and employees, and that contractual arrangements excluding social insurance contributions are invalid. For companies with their own China entity, China payroll outsourcing can help align contracts, monthly payroll, IIT withholding, social insurance, housing fund, and audit-ready records.
What should foreign employers know about EOR and contract responsibility?
When a foreign company has no China entity, EOR may be the legal structure used to hire the employee. In that model, the EOR usually signs the China labor contract as the legal employer. The overseas client manages the employee’s daily work, business goals, and performance expectations.
This does not mean the foreign company can ignore the contract. The client should still review and approve the role, salary, work location, confidentiality terms, IP needs, bonus plan, expense rules, and performance expectations before the contract is issued.
| Issue | EOR responsibility | Client company responsibility |
|---|---|---|
| Legal employer | Signs the labor contract through the China employing entity. | Confirms the business need and role structure. |
| Payroll | Runs payroll, pays salary, handles deductions and records. | Approves payroll inputs such as bonus, commission, unpaid leave, and changes. |
| Contract terms | Ensures China-compliant contract framework. | Confirms job duties, salary, reporting line, confidentiality, and IP expectations. |
| Employee files | Maintains legal employment records. | Keeps business-side performance, instructions, and approval records. |
| Termination | Reviews legal process, final pay, social insurance, and certificates. | Provides business reason, evidence, handover requirements, and management input. |
For companies comparing models, HROne’s HR China compliance checklist can help identify which responsibilities sit with the employer, payroll provider, EOR, PEO, or internal HR team.
Confirm the actual local employing entity and service responsibilities when assessing a China EOR service. The provider–client service agreement and employee labor contract serve different purposes.
How do foreign employees affect contract requirements?
Foreign employees working in China need employment contract terms that align with immigration records, payroll, tax, and work authorization. The role title, work location, employer, salary, and start date should be consistent across the labor contract, work permit, visa, residence permit, payroll file, and internal HR records.
Foreign employees may need a Z visa, work permit, and residence permit depending on their situation. HROne’s China work permit guide explains how work authorization connects with the employment structure.
Foreign-employment contract checks should include:
- correct employer name matching the work permit or EOR structure;
- job title and duties consistent with the work authorization category;
- work location matching the actual city of work;
- salary and payroll records consistent with tax reporting;
- start date and permit timing aligned before work begins;
- renewal and cancellation process clearly assigned;
- confidentiality, IP, and data provisions appropriate for the role.
What should be included for confidentiality, IP, and non-compete?
Keep confidentiality and IP ownership tied to the actual role, information and work product. A post-employment non-compete is a separate restriction, limited by Articles 23–24 to eligible senior managers, senior technical staff and other persons with confidentiality obligations. It requires appropriate scope and monthly financial compensation after employment ends, with a statutory maximum of two years.
The 2025 court interpretation also addresses whether the employee actually knows or accesses relevant protected information and whether the restriction is proportionate. Do not impose a standard non-compete on every employee. Assess non-compete clauses in China separately, using the actual role and current local rules. No unverified HROne contract or compensation rate is inserted.
What documents should be kept with the employment contract?
A contract alone is not enough. The employer should keep an employee file that supports the full employment lifecycle. HROne’s China HR documentation requirements guide explains why contracts, payroll, social insurance, attendance, leave, performance, data, and termination records should be connected.
| Document category | Examples | Why it matters |
|---|---|---|
| Pre-employment | Offer letter, job description, candidate information, qualification documents. | Shows what was promised before the contract was signed. |
| Contract file | Signed labor contract, renewals, amendments, bilingual versions, e-signature records. | Proves employment terms and changes over time. |
| Payroll file | Payslips, payroll calculations, IIT filings, bank payment proof. | Shows salary was calculated and paid correctly. |
| Statutory benefits | Social insurance and housing fund registration, bases, monthly contribution records. | Shows statutory contribution compliance. |
| Working time and leave | Attendance, overtime approvals, annual leave, sick leave, special leave. | Supports wage, leave, and overtime calculations. |
| Performance and discipline | Performance reviews, KPI records, warning letters, investigation records, PIP documents. | Supports lawful management and termination decisions. |
| Exit records | Resignation, termination notice, severance calculation, final payroll, handover, termination certificate. | Reduces dispute risk and supports benefit transfer. |
How should employment contracts be handled during termination?
Document the applicable termination or expiry basis, required consultation/notice, delivery and receipt, any agreed settlement, handover and final payroll approvals. Under Labor Contract Law Article 50, issue the required termination certificate, handle employee-file and social-insurance transfer formalities within 15 days, and retain the ended contract for at least two years.
The implementing regulations specify certificate particulars, including the contract period, ending date, position and service years. Keep the contract, amendments, notice and delivery evidence together. Detailed exit planning belongs in China employee exit compliance requirements; this section does not repeat severance formulas.
Common China employment contract mistakes
Most employment contract risks are preventable. The following mistakes appear frequently when foreign companies copy global templates or treat contract management as a one-time onboarding task.
| Mistake | Why it creates risk | Better approach |
|---|---|---|
| Using an overseas template | It may omit mandatory China terms or conflict with local practice. | Localize the contract for China law, city rules, payroll, benefits, and HR process. |
| Signing after the employee starts | Late signing can create double-wage exposure and documentation disputes. | Sign before the start date wherever possible. |
| Wrong legal employer | The contract may not match the payroll, EOR, PEO, or local entity structure. | Confirm who signs the contract before making the offer. |
| Vague job description | Performance management and termination become harder to support. | Define duties, reporting line, work location, and performance expectations clearly. |
| Incorrect probation term | Illegal probation arrangements can trigger compensation risk. | Match probation to contract term and keep evaluation records. |
| Payroll does not match contract | Salary, benefits, IIT, and social insurance records may be inconsistent. | Review contract-payroll-benefit alignment monthly. |
| No language control clause | Bilingual inconsistencies may create disputes. | State which version prevails and ensure both versions are accurate. |
| No termination evidence | The company may not be able to defend dismissal or non-renewal. | Keep performance, discipline, consultation, and final settlement records. |
Official sources for China employment contract rules
- Labor Contract Law (NPC-adopted, official MOHRSS publication)
- State Council Regulations for the Implementation of the Labor Contract Law
- MOHRSS Electronic Labor Contract Conclusion Guidelines — Ren She Ting Fa [2021] No. 54
- Supreme People’s Court Labor Dispute Interpretation (II), 2025
See the China labor-law compliance reference for the broader framework. The existing court-published English statutory links are retained as reading aids.
Practical checklist for foreign employers
Use this checklist before issuing or renewing a China employment contract:
- Confirm the legal employer. Decide whether the signer is your China entity, EOR provider, or another lawful employer structure.
- Sign before the start date. Do not rely on the one-month deadline as an operating habit.
- Use the right contract type. Choose fixed-term, open-ended, or task-completion contract based on the actual arrangement.
- Include all mandatory terms. Cover employer, employee, term, job, workplace, working hours, pay, social insurance, and working conditions.
- Check probation limits. Match probation to contract term and avoid probation-only contracts.
- Use Chinese or bilingual wording carefully. If bilingual, specify the controlling language and review translations.
- Align contract and payroll. Make sure salary, work location, benefits, and contribution records match.
- Document confidentiality and IP. Add role-specific clauses and connect them with handbook and access controls.
- Track renewals and open-ended conversion. Use a contract calendar and review before expiry.
- Prepare termination records early. Keep evidence before communicating termination decisions.
- Store signed copies and amendments. Keep employee files complete and audit-ready.
- Review annually. Update contracts and policies when job duties, salary, workplace, benefits, or laws change.
The contract should reflect the same employer, role, location, pay and working arrangements shown in payroll, contribution and employee records. Review those documents together before signing, renewal, amendment or exit, and keep a complete record of approvals and delivery.
FAQ
Does every employee in China need a written employment contract?
Yes. Employers should use a written labor contract for employment relationships in China. The contract should be signed when employment starts or generally within one month from the employee’s first working day.
What happens if an employer does not sign a written contract in China?
For an ordinary employment relationship, failure to conclude a written contract after the first month but before one year generally triggers the two-times-wage rule under Article 82. If no written contract has been concluded by one year, Article 14 treats an open-ended contract as having been concluded; the implementing regulations distinguish that consequence from the earlier wage period.
The 2025 court interpretation recognizes specified exceptions, including force majeure and the employee’s intentional conduct or gross negligence. Assess the evidence and relevant period rather than assuming every unsigned file automatically creates the same claim. Sources: implementing regulations, Articles 6–7 and the 2025 court interpretation.
What must be included in a China employment contract?
A China employment contract should include employer and employee information, contract term, job description, work location, working hours, rest and leave, labor remuneration, social insurance, occupational protection, working conditions, and other legally required terms.
Does a China employment contract need to be bilingual?
A bilingual contract is not always legally mandatory, but it is often practical for foreign employers. A Chinese version is strongly recommended for local employees, payroll, labor authorities, arbitration, and court use. If the contract is bilingual, it should state which language version prevails.
What types of employment contracts are recognized in China?
China recognizes fixed-term labor contracts, open-ended labor contracts, and labor contracts that expire upon completion of a specific task or project. Employers should track renewals carefully because certain situations may require an open-ended contract.
Can probation be included in a China employment contract?
Yes, but probation is limited by the contract term. The maximum probation period may be one month, two months, or six months depending on the contract length. No probation is allowed for contracts shorter than three months or for task-completion contracts. A contract lasting exactly three months may permit up to one month of probation.
Can employment contracts in China be signed electronically?
Yes, electronic labor contracts can be valid if they use lawful data messages and reliable electronic signatures, and the employer ensures the contract is complete, accurate, and not falsified.
How does EOR affect the employment contract?
In an EOR model, the EOR provider’s China-side entity usually signs the local labor contract as the legal employer. The foreign company manages the employee’s daily work, but contract, payroll, benefits, and employee records must still comply with China law.
