入职合同(英文)

Dear _________________,

I am very pleased to offer you a role with __________, subject to _____ references. The full terms and conditions of your employment will be set out in a formal Statement of Employment Particulars, which you will receive upon commencement. However, I set out the salient terms of employment below which is conditional upon you having the right to work in China:

The following confirms our mutual agreement:

Post: _____________________

Start Date:

Contract

Term/Expiration Date: _____________________

[_____] Year(s) Term, expiring on _____________________.

Starting Salary: RMB _________net per month and statutory social benefits and allowances in

China / gross per month, plus _____ month bonus in early 20___, which shall be

calculated based on the number of months of employment during 20___.

In accordance with Company standard benefits policy.

Performance Review: Mid-year for development and evaluation, and by the end of each calendar year

for the purposes of job performance and salary evaluation.

Holidays: You will be entitled to the appropriate number of statutory paid holidays (plus

statutory public holidays) in each holiday year. The number of statutory paid

holiday days in 20____ shall be calculated based on the number of months of

employment during 20____.

Hours of Work: ______AM until ______PM; however, due to the nature of this position, you will

be required to work such hours as necessary for the performance of your duties.

The term of your employment shall begin as of the start date above and the [first] month of your employment will be considered as a probation period. During this probation period the Company is entitled to terminate your employment and this Agreement at any time with a notice of [____] days.

[Squire Sanders Notes:

Term: Labor contract may have for a fixed term or an open term. However, at the end of the second fixed term contract, employer must offer employee an open term contract. Fixed term contracts typically have a term of _____ - _____ years. The main difference between a fixed term

and an open term contract is that a fixed term contract gives employer an opportunity to terminate

the employment relationship without cause at the end of the term (with notice and severance pay).

This is a major advantage because the labor arbitrator/courts are very protective of employees and

it is difficult for employers to satisfy the statutory grounds for unilateral termination by employer.

PRC law has strict regulations on termination of employment. Even during the probation period, the employer is not allowed to unilaterally terminate employment unless the employee proves to be

unqualified for the position. To facilitate potential termination, at a minimum a clear and detailed job requirements/qualifications should be communicated to the candidate in the position requirement posting (e.g., educational/professional degrees/qualifications, level/years of experience, communication skills, language skills).

After the probation period, the employer may terminate the employment only under one of the statutory grounds described in Sections 12.2.4 – 12.2.6 of the form Employment Contract. As noted, Chinese courts and labor arbitrators are generally protective of employees and will interpret statutory grounds narrowly in favor of the employee. (Based on our experience, generally the burden of proof imposed on employer to justify termination is notably higher for terminations after the probation period)

Probation Period:

Notice: Only _____ days prior written notice is required by employer for termination.

We have revised the draft offer letter to reflect this minimum requirement.]

Maximum Length:

Employment Contract Period

___ months to less than ___ year

___ year to less than ___ years

___ years or longer or open-term contract Maximum Probation Period ___ month

___ months

___ months]

This offer shall be valid for a period of 2 days and if not accepted by you in this period shall be void and null. Any time prior to your signing of this letter, the company reserves the right to withdraw this offer. If you wish to accept this offer, please complete the declaration at the end of this letter and return the signed letter to me as soon as possible. This will acknowledge your understanding and acceptance of these terms of your employment.

On acceptance of this letter, you shall sign _______________ Standard Employment Agreement including Intellectual Properties, Inventory, Patents, etc. and Non-Competition, Confidentiality clauses.

Please report to the office at ________am on your first day, bringing with you your _______________, ________ documentation showing right to work in China, and ID form if available.

Finally, congratulations on this appointment and we look forward to welcoming you. If you have any questions, please do not hesitate to contact me on _____________________.

Yours sincerely,

_____________

____________ of ____________

I confirm my acceptance of this offer of employment on the above terms. Accepted by:

NB: Duplicate copy of this letter for your records.