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"CHINESE CONTRACT RULES"

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Dan77

Hi fellow members!
I am considering in this moment an offer in Shanghai and I have few questions about "CHINESE CONTRACT RULES".
Is it true that in all Chinese contracts, the employer can interrupt the employee's relationship at any time by giving him only one month's notice?
So, even if I sign a "3 years contract" they can broke it at any moment with one month notice???!!!

It will be the first time for me to get a contract directly made by a Chinese company... I worked in the past in Hong Kong for an Italian company, and at that time the rules were different...

That makes me scare because that means I will never be able to make a long term project (investment...)

Thanks in advance for any kinds of details that will help me to understand better the " Chinese rules"... ;-)

I am looking forward to reading you soon!

D.

mond5004

To answer your question about 30 days notice, yes. They can cancel your contact without warning. Most reputable businesses will not do this unless you did something against the rules.

To protect yourself, make sure the Chinese version of the contract is the same as the English version, and keep a copy for yourself. If your company obtains the Foreign Expert Certificate, ask to keep it yourself. Even if they get a regular working permit, keep it. This will make it harder for them to cancel your visa without warning. You can also try to negotiate a longer warning period.

If your contract is terminated for non-criminal reasons, you will have a 30 day tourist visa issued to you (this is the law). This gives you time to find a new job or make arrangements to leave.

Dan77

Many thanks mond5004 for your tips!

In fact Chinese contract labor has different rules than in Europe...
I will sign a contract where it is both written English and Chinese... I don't think that I could request to the company to erase the Chinese translation under each paragraphes of my contract... isn't?

Also, I have negotiate a 2 month notice and asked them to add this comment : "ONLY IF" breaches... in the contract.

mond5004

Correct. You can't remove the Chinese words from the contract. In the event of a legal dispute, the Chinese version takes precedence over the English version.

Like I said, the majority of Chinese companies will treat you very well. They won't just fire you or terminate your contact unless something is very wrong. When your contact is done, they will offer for you to sign a new contract. If you decide not to sign again, you will still get the 30 day tourist visa.

Dan77

Many thanks for having reassuring me! ;-)
I keep my fingers crossed hopping everything will be fine...

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