Talk:China Employment Law

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[edit] A few items in the new HR laws that Western Companies should note...

Article 10 - written Employment contracts. All employees need to have written employment contracts within one month of employment. So there is some grace period, but it has to be completed in 30 days, if not, they default to an "Open Ended Contract" (see Article 14).

Articles 12 - outlines the three types of contracts that can be offered:

    13 - Fixed - two consecutive fixed contracts default to Open Ended 
    14 - Open Ended 
    15 - Completion of specific job

Open Ended contracts also have default termination provisions, like not terminating an employee within 10 year of retirement (55) or after 10 years of employment.

Article 17 - outines the terms of Employment Contract

Article 21 - termination during probationary period is limited to workers that you can prove failed to meet the conditions of employment.

Article 24 - New limitations on non-compete and employee IP control.

Article 91 - before you make an offer to an employee they must have end of employment letter from the previous employer. If not you will be liable for damages and loss caused to the previous employer.

[edit] comments

This stuff really belongs on the article page rather than the discussion page, with encyclopedic formatting. My plan is to post a guide addressing these -- and other points -- soon, but if someone else beats me to it, all the better. ZhongguoFalu (talk) 06:05, 8 February 2008 (UTC)