For a foreigner who wants to work for a company in China, the following tips are helpful for entering into a labor contract or employment contract:
1. Make sure the that company has been registered with the Chinese authority;
2. The company shall apply for a working permit with the labor department for the foreign empoyee;
3. The labor contract shall include the following items:
(1) The employer'S name, residence and legal representative or major principal;
(2) The worker'S name, residence and number of identity card or any other valid identity certificate;
(3) The time limit for the labor contract;
(4) The work contents and place;
(5) The work time, rest and vocation;
(6) The remunerations;
(7) The social security;
(8) The labor protection, work conditions and protection against and prevention of occupational harm; and
(9) Other matters that shall be incorporated in the labor contract according to any law or regulation.
Except for the essential clauses as specified in the preceding paragraph, the probation period, training, confidentiality, supplementary insurances, fringe benefit as well as other items may be stipulated in the labor contract by the employer and the worker upon consensus.
For more information regarding Chinese labor law or employment issues, please contact David Gao, a Beijing based lawyer for advice. bjlawyer.gao@gmail.com