I’m working with a senior lawyer on an employment contract dispute. From two hearings held by the Chaoyang Labor Arbitration Committee, I really learned a lot. One of the most impressive lessons I want to share with employees, especially foreign employees is to pay attention to the starting time in your employment contract before signing it.
According to Chinese Employment Contract Law, the employer must sign a employment contract with the employee within one month after the employee starts working for the employer. If not, the employee can claim for double salary for the period (exceeding one month) without an employment contract. Nevertheless, there is another provision in an minutes of meeting issued by Beijing’s High Court and Beijing Labor Arbitration Committee, which provides that if both parties anti-date the employment contract to the day of starting working, the court or the arbitration can overrule the claim for double salary.
In practice, many employers take advantage of the said provision to avoid their liability. The employees, especially foreigners, however, generally don’t know about the employment laws and regulations, and sign the contract without understanding the legal results. If the employee signs the contract, he will probably be deemed as waiving his right and will be in a disadvantage place in arbitration or in court.
So, my suggestion is to pay attention to the starting time in your employment contract. If the contract is anti-dated, and you don’t want to waive your right for double salary, you need to negotiate with your employer for your legal rights.
By Mike