Publication
Structuring Employment Contracts In China
A practical guide to drafting, structuring and managing employment contracts in China.
Dr. Richard van Ostende, DBA
Why This Guide?
Employment contracts are the foundation of the employment relationship.
In China, employment relationships are governed by the PRC Labour Contract Law and its implementation regulations. This legislation applies to all companies in Mainland China, including foreign invested enterprises, and covers both foreign and Chinese employees. However, drafting a compliant employment contract involves more than adopting a standard template. Companies need to consider the different types of individual, collective and part-time employment contracts, the structuring of work placement arrangements, and the alignment of contract provisions with the employment handbook. This guide provides a practical overview of the key issues involved.
What This Guide Covers
The guide addresses the following key topics and themes:
- The different types of employment contracts, covering individual, collective, and part-time employment.
- The requirements for concluding each type of employment contract.
- How to translate PRC Labor Contract Law into practical business terms, including examples of provisions used in individual employment contracts.
- The regulations governing work placement arrangements, including how to structure relationships between the hiring company, staffing firm, and dispatched employee.
- The purpose and functioning of employment handbooks.
Practical Tools Included
Practical tools to help apply these concepts in real world settings:
- Sample provisions for individual employment contracts drafted in accordance with PRC Labor Contract Law.
- A comparison framework outlining the requirements for individual, collective, and part-time contracts.
- Structuring examples for work placement arrangements involving hiring companies, staffing firms, and dispatched employees.
- A reference framework covering employment handbook structure and function.
Who Is This Guide For?
Designed for professionals managing or advising China based business operations:
- HR and Legal Professionals drafting or reviewing employment contracts.
- Compliance Professionals responsible for regulatory adherence.
- Business Owners and General Managers structuring their China workforce.
- Staffing and Work Placement Professionals managing dispatched employee arrangements.
From Publication to Professional Development
Related Course
Deepen your knowledge with our Structuring Employment in China Course, offering a more comprehensive exploration of China’s employment and labor contract framework, with greater depth, practical examples, and a stronger focus on applying China’s labor laws and regulations in day-to-day HR and business practice.
About The Author
What People Say
Dr. Richard van Ostende, DBA
Richard van Ostende is founder of the Institute for China Studies. He combines extensive professional experience and practical expertise in corporate finance, foreign investment and business strategy.