Can the employment agreement’s start date be backdated in China?

When hiring employees in China through Horizons or directly, it's crucial to comply with local labor laws—especially regarding the timing and validity of employment agreements. One common question is whether an employment contract can be backdated to match the employee's actual start date.


Is Backdating the Start Date Allowed?

Yes, under Chinese labor law, the employment agreement may reflect a backdated start date—but only within certain legal parameters.

According to the China Labor Contract Law, when a labor relationship is formed (i.e., when the employee begins working), a written employment contract must be signed within one month of the employee’s start date.

Reference: China Labor Contract Law – Article 10
“To establish a labor relationship, a written labor contract shall be concluded.
In the event that no written labor contract is concluded at the time when a labor relationship is established, such a contract shall be concluded within one month as of the date when the employing unit employs a worker.”


What This Means in Practice

  • The employment start date can be backdated in the contract to reflect the actual date the employee began working, even if the agreement is signed later.

  • However, the contract must be signed within one month of the employee’s start date to remain compliant.

  • If the employer fails to sign a written contract within this one-month window, penalties may apply, and the employer may be required to provide double salary compensation for the period without a written contract.


Horizons’ Approach to Compliance

At Horizons, we ensure that all employment agreements for hires in China are:

  • Prepared in accordance with local labor law

  • Signed within the required one-month timeframe

  • Reflective of the actual employment start date, when appropriate

This approach helps protect both our clients and employees from unnecessary legal and financial risks.

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