What are open-end employment agreements in China?

The term "open-end"hereby refers to an employment contract that is established for the purpose of completing a specific work task or mission, with both the employer and worker agreeing that the duration of the contract will be determined by the completion of said work. This type of contract can also be classified as a fixed-term employment agreement. The utilization of such contracts enables employers to effectively allocate their workforce based on their needs, while simultaneously fostering the professional growth and interests of workers.

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.

[Severance 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.

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

Extending Reading

China Labour Lawsuites

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