Foreign employers in China usually give an offer letter to a potential employee. It is an important document in terms of maintaining a conducive employment relationship with the employees. The letter confirms the details of the offer of employment, and may include:
- Job Description
- Job Title
- Reporting Structure
- Starting Date of Employment
- Benefits Information and Eligibility
- Acknowledgment of Offer and Confirmation of Acceptance
In the view of the China business lawyers, employee offer letter in China has less value as China employment contract is more effective and strong. It is suggested that, it would be a good idea not to use a job offer letter at all if it is not written with China’s employment laws in mind. It may prove more of a hindrance than a help in case of any legal dispute you may have with your employee.
One of the biggest flaws of job offer letter is, most of the foreign companies draft the job letter according to their own country. For example, a US-based company usually draft the offer letter according to the working conditions prevailing in USA. But the foreign firms need to understand the fact that China is a different country with its own set of rules and regulations. A US type job offer letter will have no impact or value in China. Another faulty aspect of job offer letter is, in most of them it is written that “either party can terminate with a month’s written notice.” This does not comply with Chinese employment law and it should not be used.
China employment attorneys advised not to the job offer letter at all, and if you really want to use it, make sure it is revised properly and perfectly aligned with the China employment law. The employment law in China offers stringent and comprehensive rules that cover almost every aspect of a job from hiring to termination. The primary aim of an employment law is to protect the interest of Chinese employees who have a relationship with the entities registered in China.