In our previous blog: Employment Contract—Specify Terms as Could, we mentioned that an employment contract has to contain some “essential clauses” and employers actually have not so much choice in specifying such clauses.
However, the company is still entitled to specify some clauses for their benefit.
1. Additional clauses:
Such as training, confidentiality, liquidated damages, non-compete, termination, handover, etc.
2. The company could specify that in order to prevent the employee’s resistance at the time of rescission or termination of the labor contract (such as not receiving termination or terminating the labor contract instruments, etc.), it may be agreed in the labor contract to terminate or termination the terms of service of the written notice of the labor contract (such as “when party A’s relevant written documents and notices cannot be delivered directly Party B confirms that the home address entered in the labor contract is the mailing address”).
3. In order to prevent disputes in the adjustment of pay, you can add a clause to the labor contract such as “pay change” (if the job is adjusted because party B is not competent for the job, the salary will be adjusted appropriately accordingly).
4. In order to prevent the difficulty of proof in the event of a labor dispute, it is suggested to add attachments after the labor contract:
(1) Company rules and regulations;
(2) The undertaking of the worker (if the background information provided to the individual includes the Certificate of Authenticity of the medical examination);
(3) Job duties or job requirements and relevant assessment criteria (as far as possible in order to be used as evidence in the event of a labor dispute due to non-conformity of the probation period to the termination of the labor contract).
5. In addition to the above terms, the company may also, in accordance with the provisions of the law, agree on a number of other matters according to the actual situation, such as “the management rights of the company”.
