Guangzhou City, Circular on the Issue of the New Model Text for the «Guangzhou Municipal Employment Contract»

Issued: November 28 2007

Main Contents: The new model text includes a specific clause on the probation period. Compared to the old version, the new model text requires to have the working location and job specification in detail. Job specification is classified into two categories, namely "management and professional skills" and "worker".

Provided that the conditions specified in the Employment Contract Law are satisfied or if the employer and the worker reach a consensus upon consultations, the contents of employment contracts may be amended, and fixed-term contracts, open-ended contracts or employment contracts for the duration of a certain task may be terminated. Where the employer fails to provide a duplicate of the employment contract to the worker, it is deemed that the employment contract has not been concluded with the worker. In case of disputes, the employer may not use the conclusion of contract as a defence against the claims of the worker, and the corresponding legal liability shall be borne by the employer.