Resourcing

Recruitment, training, employment contracts, post-termination non-compete clauses, varying a contract of employment.

China :: Lifelong learning

A national policy on lifelong vocational training for workers was established in 2018 …

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China: HR policy

Any HR policy must be subject to consultation with employees (even if not with all employees) before it may become effective …

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China :: Employment contract (example)

Example of a Full-Time Employment Contract (Foreign company) The People’s Republic of China Parties Note: This document is illustrative in nature and legal advice from a Chinese employment lawyer should be sought before using it in particular cases …

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China :: Young workers

Persons under the age of 16 must not be employed, unless authorisation has been given by the labour authorities for them to undertake work in literature, art, performing arts or sport …

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China :: Recruitment

Job applicants are entitled to be informed of the content of the work, working conditions, location, remuneration rates, health and safety measures in place and whether there any occupational hazards in the position they are applying for …

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China :: Probationary periods

Although Chinese law allows termination without severance for “failure to meet the conditions of employment during the probation period” there are, in practice, a number of procedures that must be followed and there is no general right for employers to fire probationary employees at will …

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China :: Post-termination non-competition clauses

Are such clauses lawful? Under the Chinese Labour Contract Law, employers are permitted to sign post-termination non-compete clauses with senior managers, senior technicians and other employees that have a duty of confidentiality …

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China :: Part-time contracts

In China, part-time employment contracts are differentiated from full-time employment on the basis that employees are paid on an hourly basis rather than a monthly basis …

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China :: Open-term contracts (indefinite contracts)

Open-term contracts are those that are concluded for an indefinite period …

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China :: Fixed-term contracts

The employer and employee may agree that the employment relationship should only be established for a fixed period;  such ‘fixed-term’ contracts are very common in China …

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China :: Employment contracts

The types of employment contracts concluded in China are:fixed-term,open-term (indefinite contracts), andproject-based …

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China :: Agency workers

Agency workers are referred to in the Labour Contract Law as ‘dispatched labour’,  which states that such workers may only be engaged to fill temporary, auxiliary or substitute positions in the workplace …

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