As we mentioned in our previous blog: Employee Handbook-Important Fact…, an employment contract has to contain some “essential clauses” as the content has been provided by related laws, which emphasize protecting the employee.
However, in addition to the above mentioned clauses, employers could specify some clauses as to the probation period, training, confidentiality, Non-competition，supplementary insurance, welfare and treatment and other clauses as they deem important. Employers could take advantage of other clauses to protect their interest， such as specifying that the employee has to work a certain number of years after the employer has paid for his/her training.
What else could be included? The following are some tips:
1. Disclosure of rules and regulations
Employer may stipulate in the employment contract that all rules and regulations have been disclosed to the employee ( such as “employee confirms that it has understood the contents of the company’s rules and regulations”, etc.), in order to prevent disputes concerning the effectiveness of the rules and regulations.
2. Address for service
Employer may stipulate in the employment contract that all written notices shall be deemed to have been given on the date the notice is received at the employee’s address which is listed in the employment contract and the employee has the duty to inform the employer of any address change. In this way, the employer could fulfill it’s “informing duty” ( you may check our blog: Can I Fire an Employee Absent from Work? for more information) prevent the situation where the employee is reluctant to cooperate by refusing to sign or accept the notice.
3. Attachments
Employer may add the following attachments to the employment contract, to make sure the employee understands the employer’s requirements and their duty as employees and consequences if they fail to meet the requirements:
(1) The company’s rules and regulations;
(2) Employee’s letter of undertaking (employee has to promise the authenticity of all background information he/she provides);
(3) Duty，job requirements and assessment criteria for the position (as detailed, objective and reasonable as possible in order to be used as evidence, in the event of a labor dispute if the employer wants to terminate the employment contract due to finding the employee unqualified ).
