The most important aspect of hiring
employees in China is to have a properly drafted employment contract. This is
true irrespective of whether an organization is looking to hire foreign
employees or local professionals. Given the relatively complex labor laws in
the country and the higher liability on employers, the top
employer of record firms in China advise their clients to gain a
thorough understanding of the various aspects of employment contracts. This
helps in ensuring that foreign employers are able to prepare a comprehensive
employment contract for hiring the members of their workforce in China.
Important
Things To Include In The Contract
The employment contract is a sort
of agreement between the employer and the employee and needs to be drafted in
writing. The contract comes into effect only after both the parties involved
sign the contract, an original copy of which is kept by them both. In addition,
the following clauses, as suggested by the leading PEO
firms in China, must be included in such contracts.
Information About The Employee And The Employer : This
includes the name, living address, and ID number, etc for both the employer and
the employee. In case the ID number cannot be provided for some reason, the
number of any other valid ID proofs can be used.
Employment Period : It is mandatory for
the employment contracts to include complete details of the period for which an
employee is being hired by the employers.
Remuneration :
As the name suggests this clause
should include detailed information about the basic salary and benefits being
offered to the employee by the employers. It should also include the details of
any additional perks, bonuses, commissions and allowances that the employees
have been promised by the employers.
Responsibilities :
The clause should provide a
general description of the job and responsibilities that the employees would be
expected to handle during their tenure of employment with an organization.
Details Of Working Hours And Leaves : According
to the experts from the top PEO firms
in China, the employment contract should clearly define the weekly working
hours along with all the leaves that the employees are entitled to during their
tenure with an organization.
Safety Aspects Related To Work : The contract
should also provide information about the work environment, the risks involved
for the employees and the occupation safety and hazard prevention strategies
being implemented by the employers to mitigate these risks. It should also
include a statement confirming that the social benefits for the employees will
be contributed by both parties as per the provisions of the Chinese labor law.
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