China Employment Contracts — Fixed-Term, Open-Ended & Probation Rules

Chinese labor law requires written employment contracts for all employees. Understanding the three contract types and probation period rules is essential for legal compliance.

Contract Types

1. Fixed-term contract — Specified duration (e.g., 1–3 years). Automatically renews as open-ended after two renewals.
2. Open-ended contract — No fixed end date. Required after 10 years of service or two consecutive fixed-term contracts (with employee consent).
3. Project-based contract — Tied to completion of a specific project.

Probation Period

• Contract < 3 months: No probation
• 3 months ≤ contract < 1 year: Max 1 month
• 1 year ≤ contract < 3 years: Max 2 months
• Contract ≥ 3 years: Max 6 months

Key Requirements

Contract must be signed within 30 days of employment start. If unsigned for 1+ year, the contract is deemed open-ended. Contents must include wages, work location, job duties, working hours, social insurance, and termination provisions.

See also: Employment and Labor Law Guide