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The Labor Law specifically applies to “enterprises inside the People’s Republic of China” and to “employees” (laodongzhe) with whom a labor relationship is created.So the articke China Employment Law guide is based on the Labor Law provides no express limitation on who can be an employee.
China Employment Law: employees are individuals that perform physical or mental work in enterprises, institutions and government authorities within the Chinese territory who earn their living primarily from wages or salaries.
Employment Contract Provisions for China Employment Law guide
1. Contract Term and Probationary period--for China Employment Law guide . it is generallyadvisable for employers to fix the starting date and the term of an employment contract and to keep the term relatively short.
2. Job Description-- for China Employment Law guide . It is generally advisable to provide that the employer may vary the position in accordance with the employee’s performance and/or business needs, although arguably once the position is agreed on it may be difficult for an employer to change it unilaterally.
3. Remuneration-- for China Employment Law guide .An employment contract must state an employee’s wages or salary.
4. Conditions For Termination -- for China Employment Law guide Although an employment contract may specify conditions for the termination of an employment contract, as a practical matter these conditions generally must accord with the Labor Law and related laws and legislation.
5.Liability For Breach Of Contract-- for China Employment Law guide Under the Labor Law, either an employee or employer may be held liable to the other for breach of contract and may be required to pay compensation.
6. Employee Handbooks, Personnel Guidelines and Company Policies-- for China Employment Law guide . Employers may supplement the terms of employment contracts with employee
handbooks, guidelines and policies.
7. Social Insurance and Housing -- for China Employment Law guide .Under Chinese laws and regulations, both Chinese citizens and expatriate employees in principle are required to participate in China’s social insurance scheme.
requires that an employment contract must include the following provisions in order to be valid:
1) Employer's name, residence, legal representative or major principal
2) Employee's name, residence, identity card number
3) Time limit for the employment contract
4) Work requirements and place of work details
5) Work time, rest and vacation details
6) Remuneration details
7) Social security obligation details, and
8) Workplace health and safety information
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