【NEW HIRE】What shall we understand by Open-end Employment Agreement in China?


Open-end are being referred to A contract of employment for the completion of a certain work task(mission), where the employer and the worker agree that the duration of the contract will be the completion of a certain work. This type of contract is in fact also a fixed-term employment contract. The conclusion of such contracts facilitates the employer to arrange the workforce according to the needs of the employer, and also facilitates the development of the worker's expertise and interests.

Key takeways

[Open-end, or specific end date]. The starting date of the employment contract should be specified, but not the time of termination of the contract. The termination of the employment contract upon completion of the task can be expressed as "termination upon completion of the work task(mission)".

[No probation] No agreement on a probationary period. According to Article 19(3) of the Labour Contract Law, no probationary period shall be agreed in the case of an employment contract for the completion of certain work tasks(mission) or an employment contract for a period of less than three months.

[Serverance for Termination still] The employer is also required to pay economic compensation,  upon termination of the employment contract. According to Article 22 of the Regulations for the Implementation of the Labour Contract Law, if the employment contract is terminated due to the completion of the tasks, the employer shall pay economic compensation to the worker in accordance with the provisions of Article 47 of the Labour Contract Law.

[Excemption to Termination] In case of termination in case of medical period or three periods for female workers, the employment contract shall continue until the corresponding situation disappears.

Extending Reading

China Labour Lawsuites

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