Are you looking at creating Employment contracts in China? We have lawyers in China that can help you. The point of Employment Contracts is to protect employees and companies. These laws apply to part-time and full-time employees. When you are starting a company, you need to be protected. You need to create a long document that your employees and contractors sign.
Your company can have employees sign away certain things. That might sound harsh, but it’s business. You should never hire someone without an employment agreement. The longer the agreement the better. Many people when they sign the agreement only look at a few things.
- How much pay are they getting?
- Do they get vacation and how much?
- Are there any bonuses?
Should The Employment Agreement Be In Chinese?
A lot of people reach out to employment law firms asking if the contract should be writing in Chinese? What about if the person signing is an English speaker? It’s a complicated question. The government has said that they prefer contracts in China to be written in Chinese. Why?
Because it makes things easier for the regulators and the courts to review them. Imagine if you are an employment regulator in the United Kingdom. What if you are sent an employment agreement in Russian? You likely cannot understand. You know have to hire (and pay) a translation agency. It costs money and time.
Employment Contracts In China
Each city in China might have their own policies. Our employment lawyers can assist with issues in Beijing, Tongzhou, and Shanghai. You can fill out the form on the side of this page. We will then take the information you send and do one of two things:
- Reach out to you to ask for more detail
- Forward your information to a lawyer in China who will call you or email you directly
For that reason, it’s better to supply more information. Be detailed and clear on where you are located, your budget, and what you need. Are you looking for the best Chinese lawyer? Or do you have a tight budget and you want a paralegal to do most of the work?
For example, in Shanghai, it’s required that the contract is in Chinese. You are allowed to have the contract translated into English or another language. However, the original copy must be in Chinese.
Employment Agreements In Shanghai
And it’s important to note that Shanghai is often very English and western friendly. Shanghai by far has the most people from foreign countries. There are a lot of Americans, Canadians, Australians, and British there.
If a copy of the contract is required to be in Chinese, and it’s in English, the Chinese court might just say there is no agreement. That is a massive risk!
Employment Contracts In China (in Chinese)
If there are multiple language agreements, then have a clause in the English agreement that says that a Chinese version exists, and is the original copy. You want to reduce the chance of needing to go to courts in China.
It’s a good idea to have a copy in English so it’s easy for your managers from other countries to understand. Also, if your matter ends up being heard in another country, like Australia, it’s helpful to have an English contract.
Employment lawsuits are very common in China. They can even lead to criminal law problems. We have employment lawyers in Canada and China.
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